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Home My WebLink AboutRDA Packet 2004/03/23 ~~~ =~ ~ -.:;...-~~ - -- TUESDAY, MARCH 23, 2004 6:00 P.M. (immediately following the City Council meeting) ClN OF CHUlA VISfA COUNCIL CHAMBERS PUBLIC SERVICES BUILDING JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following item(s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. l.a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF THE REPORTS AND RECOMMENDATIONS OF THE TOWN CENTRE AND ADDED AREA PROJECT AREA COMMITTEES ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT - In November 2002, the Agency initiated the process to amend the Merged Chula Vista Redevelopment Project (comprised of the Town Centre II, Otay Valley, and Southwest Redevelopment Plans) to facilitate extension of redevelopment and economic development tools throughout commercial and industrial areas in the western part of Chula Vista. The proposed 2004 Amendment modifies the merged Chula Vista Redevelopment Project. [Director of Community Development] l.b. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TRANSMITTING ITS REPORT TO THE CITY COUNCIL FOR THE PROPOSED 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND 1.c. RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT STAFF RECOMMENDATION: 1) City Council adopt Resolution a.; 2) Agency adopt resolution b.; and 3) Council/Agency conduct a joint public hearing to receive a staff presentation and public testimony on the following: CONSIDERATION OF THE PROPOSED 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT OTHER BUSINESS 2. DIRECTOR'S REPORT 3. CHAIR REPORT 4. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a special joint meeting of the Redevelopment Agency and City Council, meeting concurrently with the Board of Port Commissioners on March 30, 2004, at 4 p.m., in the City Council Chambers, and thence to the regular meeting of the Redevelopment Agency on April 6, 2004, at 4:00 p.m., immediately following the City Council meeting in the City Council Chambers. AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, andlor participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, March 23, 2004 Page 2 PAGE 1, ITEM NO.: MEETING DATE: I 03-23-04 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF THE REPORTS AND RECOMMENDATIONS OF THE TOWN CENTRE AND ADDED AREA PROJECT AREA COMMITTEES ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT b) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TRANSMITTING ITS REPORT TO THE CITY COUNCIL FOR THE PROPOSED 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT c) JOINT PUBLIC HEARING ON THE PROPOSED 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR r~c.. ".. (... IV' REVIEWED BY: EXECUTIVE DIRECTOR &f D,N /! 4/5THS VOTE: YES D NO 0 BACKGROUND The Redevelopment Agency hos initioted the process to amend the Merged Chula Vista Redevelopment Project (comprised of the Town Centre II, Otay Valley, and Southwest Redevelopment Plans) to facilitate extension of redevelopment and economic development tools throughout commercial and industrial areas in the western part of Chula Vista. The proposed 2004 Amendment modifies the merged Chula Vista Redevelopment Project as follows: 1) Consolidate the three existina redevelopment plans into a sinale document to expedite administration and implementation of redevelopment in the western part of Chula Vista. The Town Centre II, Otay Valley, and Southwest Redevelopment Plans were prepared at different times over a 15-year period, based on practices and legal requirements in effect ot the time. Consequently, the documents vary dramatically, and since their financial merger in 2000 have highlighted these inconsistencies. Additionally, the fact that the Added Area (see #2 below) would need to be incorporated into the redevelopment plan creates an opportune time to update and consolidate the existing Redevelopment Plans. 1- I PAGE 2, ITEM NO.: I MEETING DATE: 03-23-04 2) To achieve a comprehensive redevelopment proaram. add the necessary prooerties olono Broadway, Third Avenue and other west Chula Vista commercial and industrial corridors to the Proiect Area. The Added Area consists of 494 acres of properly that is generally contiguous to the existing Project Areas. Adding this properly enables the Agency to more effectively implement projects like revitalization of the Broadway corridor as part of the City's overall efforts to attend to the acute needs in older parts of Chula Vista. 3) Extend eminent domain authoriiy, consistent with Aaency policy in its Redevelopment Proiect Areas, in the Otay Valley and Town Centre II constituent areas. except for occupied residential properties in a residential zone. Eminent domain authority, though rarely used by the Agency, is an essential component of the redevelopment program, particularly where lot assembly is needed to consolidate undersized lots under mixed ownership. As recently as last year when it extended eminent domain authority in the Southwest constituent area, the Agency has sought to maintain its eminent domain authority. However, the existing Redevelopment Plan's time limit on commencing eminent domain has expired in the Town Centre II and Otay Valley constituent areas. Consistent with Agency policy, the 2004 Amendment proposes to extend eminent domain on all praperly in the Otay Valley and Town Centre II constituent areas, while exempting from eminent domain occupied residential properly in a residential zone in the Town Centre II area. (Otay Valley has no residentially zoned properly and therefore does not need a special exemption.) Before you for consideration are two administrative actions and the joint City Council/Agency public hearing on the 2004 Amendment. Following the joint public hearing, the City Council and Agency will take no further action on the 2004 Amendment until April 13, 2004, at which time first reading of the ordinance adopting the 2004 Amendment, and approval of the proposed method of relocation will be considered. RECOMMENDATIONS 1) That the City Council adopt the resolution acknowledging receipt of the reports and recommendations of the Town Centre and Added Area Project Area Committees on the 2004 Amendment to the Merged Chula Vista Redevelopment Project; 2) That the Redevelopment Agency adopt the resolution transmitting the Report to the City Council for the proposed 2004 Amendment (in the form of an Amended and Restated Redevelopment Plan) to the Merged Chula Vista Redevelopment Project; and 3) That the Redevelopment Agency and City Council conduct a joint public hearing to receive a staff presentation and public testimony on the 2004 Amendment (in the form of an Amended and Restated Redevelopment Plan) to the Merged Chula Vista Redevelopment Project. After receipt of the public testimony, the public hearing should be closed. 1-).. PAGE 3, ITEM NO.: ~ MEETING DATE: 03-23-04 BOARDS/COMMISSIONS RECOMMENDATION: The Report to the City Council attached to this staff report includes reports and recommendations on the 2004 Amendment from the Town Centre Project Area Committee, the Added Area Proiect Area Committee, and the Planning Commission. A summary of each of these reports and recommendations is presented below: Town Centre Proiect Area Committee On September 17, 2003 the Town Centre Project Area Committee received and reviewed tl1e droft Amended and Restated Redevelopment Plan, as well as tl1e Owner Participation Rules and Metl10d of Relocation. At tl1at meeting, tl1e Town Centre PAC adopted tl1eir Resolution No. 2003-003 recommending thot tl1e City Council odopt the Amendment in tl1e form of tl1e Amended ond Restated Redevelopment Plan, tl1e Owner Participation Rules, and tl1e Metl10d of Relocation. Added Area Proiect Area Committee In January 2003, the Added Area PAC was formed by an election process, and subsequently conducted 12 public meetings to review tl1e proposed Amendment. Tl1e majority of tl1e Added Area PAC's time was spent reviewing tl1e Agency's Metl10d of Relocation, in ligl1t of several specific concerns regarding 110w relocates would be treated if the Redevelopment Agency exercised eminent domain. Generally, the Added Area PAC expressed their position that the limits in State Relocation Law and the Relocation Guidelines (which formed the Redevelopment Agency's Method of Relocation) were insufficient to meet all of the costs and impocts of relocation. A relocation consultant was brought into these meetings to explain the relocation process, and staff, consultants and attorneys also worked with the PAC to elaborate and explain specific relocation benefits. At their final meeting on October 9, 2003, the Added Area PAC adopted Resolution No. 2003- 01 recommending that the City Council odopt the 2004 Amendment and the Owner Participation Rules. The same resolution also recommended approval of the Method of Relocation subiect to Redevelopment Agency approval of seven specific supplemental relocation policies, which go beyond the requirements of State Relocation Law and the Method of Relocation. These supplemental relocation policies, as well as staff's recommendations, are described in the Method of Relocation section of this report. Notwithstanding the Committee's position of on the Method of Relocation, the Committee supports the proposed 2004 Amendment and voted to recommend its approval. If the 2004 Amendment is adopted by the City Council, the Added Area PAC would continue to operate for a three-year period. 1- 3 PAGE 4, ITEM NO.: I MEETING DATE: 03-23-04 PlanninCl Commission The Planning Commission has also participated extensively throughout the plan amendment process as required by Redevelopment Law. On March 3, 2004, the Planning Commission received the Amended and Restated Redevelopment Plan, and adopted Resolution No. PCM - 0414 approving its report and recommendation on the 2004 Amendment. This resolution included a finding that the Redevelopment Plan, as amended by the 2004 Amendment, conforms to the City's General Plan. Also on March 3, 2004, the Planning Commission adopted a resolution certifying the Program Environmental Impact Report for the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project as amended by the 2004 Amendment, and recommended that the City Council certify the EIR. DISCUSSION The joint agenda includes three separate items relating to the 2004 Amendment: 1) Acknowledging receipt of the reports and recommendations from the Town Centre and Added Area PACs; 2) Transmitting the Agency's Report to the City Council 3) Conducting a joint public hearing on the 2004 Amendment ReceivinCl PAC Reports As described earlier in the Board/Commission Discussion section of this report, the 2004 Amendment was presented to !WO project area committees with jurisdiction in parts of the proposed expanded Project Area. The Town Centre PAC reviewed the implications of the Amendment on the Town Centre II constituent area, and ultimately recommended that the City Council and Agency adopt the Amendment as proposed. The second PAC that participated in this process was the Added Area PAC, which has jurisdiction over the 494 acre Added Area proposed to be included in the Merged Project Area. The Added Area PAC met extensively on the Amendment, and issued a report and recommendation in October 2003 that the City Council adopt the 2004 Amendment, as well as the Owner Participation Rules. However, the Added Area PAC did present several recommendations with respect to future relocation practices of the Agency, and approved the Method of Relocation subject to these policies. (These policies are analyzed in the next section of this report.) The recommendations of both PACs are included in the Agency's Report to the City Council, under Section I of that document, as well as the resolution that acknowledges receipt of these recommendations. 1- cf PAGE 5, ITEM NO.: MEETING DATE: I 03-23-04 Method of Relocation In connection with the 2004 Amendment, the Agency is proposing an updated Method of Relocation that would apply to the Merged Chula Vista Redevelopment Project Area. The updated Method of Relocation would provide uniformity throughout the Merged Project Area and consistency with all applicable laws, including State Relocation Law and the State Relocation Guidelines. As a public agency, the Agency is required to adhere to these State laws and guidelines. The Method of Relocation sets forth the general policies that will guide the Agency if an Agency project causes any family, individual, business, or non-profit local community institution to be displaced. This document should be considered as only a general plan. As recommended in an October 1982 State Department of Housing and Community Development study entitled "A Study of Relocation and Housing Development in California Redevelopment Agencies," a comprehensive and detailed plan need not be developed until relocation is imminent. At that time, a more specific analysis will be prepared, pursuant to Section 6038 of Title 25 of the California Code of Regulations. Relocation of displaced persons, families, businesses, and community organizations within the Merged Chula Vista Redevelopment Project Area will be accomplished in full compliance with the State Relocation Law and State Relocation Guidelines as then in effect. Consistent with the State Relocation Law and State Relocation Guidelines, it is the policy of the City Council and the Agency that: . Uniform, fair, equitable treatments shall be afforded to persons, families, businesses, and community organizations displaced as a result of an Agency project. . No persons or families of low- and moderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such persons that is safe, decent and sanitary and available at comparable rents. . All displaced families and individuals will be afforded the opportunity to live in a decent, safe and sanitary dwelling without overcrowding. . The cost of such housing shall be reasonable relative to family income. . There will be no discrimination based upon race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in relocation activities. . Displaced households will be offered the opportunity to occupy housing that is reasonably accessible to their places of employment, public transportation, shopping and public facilities. . Business concerns and nonprofit organizations to be displaced will be provided assistance to aid in their reestablishment in the new location. . Each eligible person and business will be provided advanced notice concerning the possible displacement and relocation requirement, as well as pertinent information as mandated by the State Relocation Law and State Relocation Guidelines to assist in the relocation process. Representatives of the Agency will provide assistance, counseling, and referral services. /-s PAGE 6, ITEM NO.: MEETING DATE: , 03-23.04 The rules and regulations detailing procedures for providing services and making relocation payments are set forth in the State Relocotion Law and State Relocation Guidelines. As stated earlier, while the Town Centre Project Area Committee recommended approval of the Method of Relocation as presented, the Added Area PAC had seven specific policies they desire to incorporate into the Method of Relocation as part of their approval. Staff and legal counsel have studied these recommendations and appreciate the PAC's concern for the treatment of potential displacees if the Agency undertakes a project in the future that requires relocation. However, many of the suggestions made by the PAC create several conflicts not only with State Law, but economic protections to the integrity of the Agency's acquisition procedures, which are flexible enough to offer additional economic assistance when appropriate. In general, staff is recommending adoption of a Method of Relocation that staff believes addresses some of the PACs concerns. The seven policies in question, including the Added Area PAC recommendation, background information on the policy statement, and staff's recommendations, are presented in the matrix below: ADDED AREA PAC BACKGROUND STAFF RECOMMENDATION RECOMMENDATION l. Remove $10,000 limit on $10,000 limit was established in Maintain the current $10,000 reestablishment expenses. Stote law (Gov. Code re-establishment limit as g 7262(a)(4) ond the Stote established In State low, relocotion guidelines (25 C.C.R. recognizing thot the ogency has g 6090(i) 1 ) on reestablishment discretion to exceed said limit expenses for small busi nesses when the Agency determines (i.e., businesses with 500 or oppropriote. fewer employees). The Agency moy exercise discretion to exceed the reestoblishment expense limit where the Agency determines it is oppropriate on a case-by-case basis. 1- (p PAGE 7, ITEM NO.: MEETING DATE: , 03-23-04 ADDED AREA PAC BACKGROUND STAFF RECOMMENDATION RECOMMENDATION 2. Establish an up to a ten-year Stote law ond State Relocation Maintain consistency with State tenure-based formula to Guidelines limit rent differential law. Rent differential amounts provide disploced resident payments for busi nesses within for business tenants during the and business occupants with the $10 ,000 reestablishment first two years at the replacement compensation for ony rent expense limit without regard to site ore included In differentiol. the duration of tenancy. For reestablishment expenses residents the Stote Law and the discussed In the prevIous Guidelines estoblish a formula recommendation (ond os noted for determining the rent there, the $10,000 limit on differential amount without reestablishment expenses may be regord to the duration of exceeded by the Agency where tenancy. Tenants with appropriote on a case-by-case established businesses may also bosis). claim compensation for loss of goodwill. 3. Cover costs of permits ond The cost of permits for the Maintain consistency with Stote assist In acquisition of relocation site IS part of law. New permit costs should be permits in timely manner. reestoblishment and relocation kept as part of reestoblishment expenses pursuant to State expenses (see obove). In regord Relocotion Guidelines. to City of Chula Vista permits, Agency stoff will work with the oppropriate City Deportments to expedite procurement of permits. 4. Provide a . . of 3 Current low specifies thot Staff with minimum concurs optional premises for each reasonable alternatives must be recommendation if stoted os displaced resident or provided, but does not require a follows: business, unless waived by minimum number of optional Agency to provide 0 reosonable the occupant. premises. number of relocation options for business and residential occupants, including providing a minImum of three relocation locotions where feosible. 1-1 ADDED AREA PAC RECOMMENDATION 5. In projects involving condemnation, if the replocement value under the cost approach exceeds the oppraised value, Agency will compensate uSing the replocement volue of the structure plus land value. 6. In projects involving condemnotion, estoblish purchase pnce based on highest value identified In appraisal, irrespective of appraiser's final opinion of volue to the extent permitted by Stote law. 7. In projects involving condemnation, Agency shall provide reasonable legal costs for involved owners and tenants, and advise owners and tenants thot they ore entitled to independent legal counsel. BACKGROUND The Agency is required by Stote law to make an oHer to acquire reol properly based on the appraised "fair market value." This definition of fair market value already includes the general concept of the "highest price." Appraisers use their professional discretion to value different properties In different ways. The Agency is required by State law to make an offer to acquire reol properly bosed on the oppraised fair morket volue. thot includes the concept of the "highest price." Appraisers use their professional discretion to value different properties In different woys. An Agency cannot mondote an appraIser to determine fair market value in a particular manner and thus is contrary to estoblished oppraisol methodology State law provides discretion to the court to direct the Agency to reimburse a property owner's legal costs if the owner prevails in 0 right to toke challenge or if it determines the Agency's offer is unreosonobly law. State Relocotion Guidelines provide that owners and tenant, ot their cost, are entitled to have their own legal counsel. 1- r PAGE 8, ITEM NO.: MEETING DATE: , 03-23-04 STAFF RECOMMENDATION Staff recommends this recommendation not be included. State lows alreody provide adequate protection In the determination of value. The PACs recommendation may interfere with an appraiser's independent professionol duties and yield values not supported by sound legal and industry proctices. The Agency has discretion to pay additional amounts In unique circumstances. Staff recommends this recommendation not be included. Stote laws already provide adequate protection In the determination of value. The PACs recommendation may interfere with an appraiser's independent professional duties ond yield values not supported by sound legal ond industry practices. The Agency has discretion to pay odditional amounts In unIque circumstances. Staff does not recommend an upfront Agency commitment to fund legal costs. Staff does recommend thot languoge be odded that ossures that stoff advises owners and tenants that they ore entitled to independent legal counsel. PAGE 9, ITEM NO.: MEETING DATE: , 03-23-04 In summary, staff concurs with portions of PAC recommendations 3, 4 and 7 above, and has modified the Method of Relocation under the Agency's consideration accordingly. Staff recommends keeping existing relocation policies, in occordance with State Law, on the remaining Added Area PAC recommendations. Report to the City Council The Report to the City Council incorporates the contents of the Redevelopment Agency's Preliminary Report opproved on March 2, 2004, as well as additional information required by Redevelopment Law. The purpose of the Report is to assist the City Council in its considerotion of the 2004 Amendment and its legally required findings ond determinations. Specifically, the Report includes the following components (per Section 33352 of the California Community Redevelopment Law): 1) The reasons for the Amendment, including a description of proposed projects and programs, and how these proiects and programs will improve or alleviate blight in the Added Area; 2) A description of the physical and economic conditions in the Added Area; 3) The five-year implementation plan; 4) An explanation why blight in the Added Area cannot be alleviated by the private sector or without tax increment financing 5) The method of financing; 6) The method of relocation; 7) An analysis of the Preliminary Plan; 8) The report and recommendation of the Planning Commission; 9) The Planning Commission's finding that the Plan conforms to the City's General Plan; 10) The Environmentallmpad Report; 11) The reports and recommendations from the Town Centre and Added Area Proiect Area Committees; 12) An analysis of the base year report of the County Auditor-Controller; 13) The neighborhood impact report, and; 14) A summary of consultations with affected taxing agencies. As described in the Report, the 2004 Amendment is necessary to assist property owners and the City mitigate blighting conditions and upgrade the character and quality of the merged Project Area, in particular the Added Area where redevelopment authority does not exist. Section B of the Report contains a detailed description of the physical and economic blighting conditions 1- Cj PAGE 10, IIEM NO.: ( MEETING DAlE: 03-23-04 evident in the Added Area, and provides statistical and photographic data to present evidence of these conditions. The conditions in the Added Area include the following: . Unsafe/Unhealthy Buildinas - Due in large part to excessive lot coverage that inhibits safe onsite parking and circulation, over 50% of the buildings in the Added Areo are unsafe, resulting in a disproportionate number of traffic accidents and serious building code violations. This condition is most severe in areas around Broadway and Third Avenue. . Factors Preventina Economically Viable Use - Over 50% of the properties on Broadway were rated fair or poor for parking availability due to insufficient lot acreage and setbacks. · Incompatible Uses - Approximately 60% of the residential use parcels are located adjacent to industrial and/or commercial uses, resulting in a below market property values of these residences. · Abandoned Buildinas and Excess Vacant Lots/ Low Lease Rates - The average retail lease rate within the Added Area is $1.32, approximately 43% lower than areas outside the Project Area. . Excess of Businesses Caterina Exclusively to Adults - Per square mile, the Added Area has 26 times more liquor stores and 41 times more bars than the entire City. . Hiah Crime Rates - the Added Area accounts for approximately 8 times more crimes (all reported crimes) than the citywide average. Redevelopment Law requires that the Added Area be predominantly urbanized, generally meaning that not less than 80% of the land within the area has been developed, is an integral part of an urban area, or is characterized by having lots of inadequate form, shape, and size for proper usefulness and development. The analysis in Section A of the Report indicates that approximately 83% of the Added Area is urbanized; therefore the Added Area meets the urbanization requirement of Redevelopment Law. Section A of the Report also addresses the reasons why residential property in nonresidential zones in the Added Area and the Town Centre II constituent areas would be eligible for acquisition by eminent domain should the Agency desire to assemble such property in the future. Though residential property in residential zones would be exempt from eminent domain by the proposed Amendment, eminent domain would be available to the Agency on residential property in nonresidential zones. In most cases nonresidential uses are located in nonresidential zones in the Project Area. However, there are eight mobile home parks (seven in the Added Area and one in Town Centre II) and two other residential parcels within the Added Area that are located in commercial or other nonresidential zones, that could be subject to eminent domain acquisition if the Amendment is approved. 1- (0 PAGE 11, ITEM NO.: MEETING DATE: , 03-23-04 In its other redevelopment areas, the Agency's policy has been to retain eminent domain on residential property in areas where nonconforming residential uses exist. Though there may not be plans to acquire ar redevelop these nonconforming residential uses today over the next several years, it is conceivable that some nonconforming residential uses could be redeveloped in the future as the City looks to implement the General Plan goals to improve west Chula Vista. Eminent domain is an important tool for the Agency as it seeks to address blighting conditions such as consolidating and redeveloping parcels that are undersized, lack parking and contain obsolete buildings that stifle economic growth in the area. It is important to note, however, that as explained during the public meetings with the Community, the Agency is not targeting any specific properties with eminent domain. Rather, the Agency would only use eminent domain if needed to assemble land for a specific beneficial project in case negotiations with the owner fail after repeated attempts. At the same time, if the acquisition of property is required, the Agency must follow strict redevelopment law to foirly compensate the owner and provide the required benefits the owner qualifies for under State law. In addition, Redevelopment Law requires the Redevelopment Agency to extend participation rights to all owners within the project area. That is, when there is a project proposed by a prospective developer wha does not own the land that will be part of the project, the Redevelopment Agency must notify the property owners and inform them of the proposal and invite them to either participate in the project or propose their own project for the site. This provision in the California Community Redevelopment Law ensures that property owners are offered the opportunity to participate in the redevelopment process. Section E of the Report acknowledges that the primary method of financing redevelopment of the Added Area would be tax increment financing, and includes a forecast of projected tax increment revenues from the Added Area in Section E. Over the 45-year period the Agency may collect tax increment revenue from the Added Area, the projections indicate that the Added Area could generate approximately $199 million in gross tax increment revenue. After deducting the mandatory payments to affected taxing agencies required by Law, approximately $92 million could be deposited to the Agency's non-housing fund for redevelopment projects, and another $40 million could be deposited into the Agency's housing fund for affordable housing projects. As explained in Section E of the Report, tax increment financing is necessary because of the precarious condition of the real estate market in the Added Area, where average commercial lease rates are significantly lower than the City average and other properties in west Chula Vista. These lower lease rates deter property owners from independently undertaking redevelopment projects despite the conditions of the properties today, because their investment cannot be recouped in additional lease revenue to offset these costs. Environmental Impact Report (Incorporated into Report to the City Council) The Report also incorporates by reference the final EIR for the 2004 Amendment. The EIR reviewed all potential environmental impacts associated with the implementation of the plan. Topics addressed in the EIR include: Aesthetics, Air Quality, Biological Resources, Cultural Resources, I - I' PAGE 12, ITEM NO.: MEETING DATE: f 03-23-04 Geology/Soils, Hydrology/Water Quality, Land Use/Planning, Noise, T ransportation/T raffic, Public Services/Utilities/Service Systems, Hazards and Hazardous Moterials, Population and Housing, and Recreation. Additionally, the EIR addressed all other sections as required by the CEQA. The EIR analyzes the significant, short and long-term impacts related to the adoption of the 2004 Amendment. The EIR is a program-level EIR as there is no specific development project associated with the 2004 Amendment. The EIR includes as much detail as possible given the programmatic nature of the proposed Amended and Restated Redevelopment Plan in order to maximize information available for the public review, thereby minimizing the extent of future project-specific environmental documentation. The EIR includes information gathered from the Initial Study/Notice of Preparation correspondence from utility/service providers, avoilable literature/reference documents, and consultation with potentially affected agencies. In general, the EIR concluded that because of consistency with the City's General Plan, adoption of the Amended and Restated Redevelopment Plan as a result of the 2004 Amendment would not result in any significant unmitigated environmental impacts. The EIR acknowledges that the Amended and Restated Redevelopment Plan may indirectly encourage and potentially expedite development in the Project Area; however, the resulting development and impacts are not anticipated to be beyond policy as set forth in the City's General Plan. In general, the EIR concluded that there would be no significant environmental impacts of the 2004 Amendment with implementation of mitigation measures included in the EIR. The issues identified in the EIR are described in more detail in Section K of the Report to the City Council. Three project alternates were analyzed in the EIR, though none of these alternatives were determined to eliminate any indirect adverse environmental impacts that could occur with adoption of the Amendments. Of the three project alternatives to the EIR; the Modified Project Area, no Eminent Domain, and the CEQA-required No Project, none are preferred to the proposed 2004 Amendment. Each of the rejected alternatives was carefully examined and weighed to determine how they could meet objectives. The selection of the recommended project, while still resulting in significant environmental impacts, has substantial environmental, planning, social, fiscal and other benefits. The 2004 Amendment will not create or generate any significant irreversible environmental changes that would not occur without the adoption and implementation of the 2004 Amendment. The Draft Program EIR was prepared and made available for a 45-day public review period on August 25, 2003. In accordance with City environmental review procedures, the Resource Conservation Commission held a hearing during the review period on September 15, 2003, and was among seven parties that submitted comments on the Draft EIR. Other parties submitting comments included Sweetwater Authority, the City of San Diego, the County of San Diego, U.S. Fish and Wildlife Service and the SDG&E, and SANDAG. The Planning Commission closed the 45-day review period on October 8, 2003. Responses to the comments received have been mailed to the appropriate parties, and a mitigation monitoring reporting program and findings of fact have been prepared and incorporated into the EIR. ( -I ~ PAGE 13, ITEM NO.: , MEETING DATE: 03-23-04 On March 3, 2004, pursuant ta City policy, the Planning Commission odopted a resolution certifying the EIR and recommending that the City Council also certify the EIR. Joint Public Hearina Once the preceding actions are completed, the City Council and Agency will convene a joint public hearing to receive a staff presentation and public testimony on the 2004 Amendment. Redevelopment Law requires the City Council and Redevelopment Agency to conduct public hearings on the proposed 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project (attached os Attachment 3). Since members of the City Council also sit as members of the Redevelopment Agency, Redevelopment Law permits these bodies to convene a single, joint public hearing. Notice of the hearing was provided by the following actions: (1) publication in the Chula Vista Star News on February 20 and 27, 2004 and March 5 and 12, 2004, (2) a notice sent via first class mail to 011 affected taxing entities, property owners and businesses in the Project Area, including the Added Area; over 6,500 notices were moiled. The pubic hearing is far from the first meeting the public has had the opportunity to participate and offer comments on the 2004 Amendment. Staff has conducted on extensive public information campaign over the past 12 months, including three recent public information workshops held on September 29,2003, October 16, 2003, and March 4, 2004 in the City Council Chambers. Staff also visited with each of the seven mobile home park communities, met with business owners and property owner groups within the Added Area, and held other public workshops. Informational handouts on various elements of redevelopment were prepared and made available to the public, and staff has endeavored to meet personally with individuals contacting City Hall with concerns about the 2004 Amendment. After the public hearing is closed, the City Council and Agency will toke up the actual 2004 Amendment and EIR at their meeting on April 13, 2004, at which time both bodies will consider additional actions (including certification of the Final EIR and adoption of any written responses to written objections to the 2004 Amendment), prior to acting on an ordinance adopting the 2004 Amendment. A copy of the proposed ordinance in substantially the form that will be considered by the City Council on April 13 is attached to this staff report os Attachment 4. The adoption of the two resolution presented to the City Council/Agency is not a project under CEQA because it cannot cause a direct or indirect physical change in the environment. The documents being approved are purely an administrative tool to facilitate consideration of the proposed Amendment, not the approval of a project (see CEQA Guidelines Section 15378). 1-/3 PAGE 14, ITEM NO.: ( MEETING DATE: 03-23-04 FISCAL IMPACT The costs associated with the 2004 Amendment have been included in the Agency's budget, and involve consultant and legal services, direct and indirect costs of publishing and mailing public hearing notices, and other incidental staff and overhead costs. Future tax increment revenues from the Added Area could offset these costs if the 2004 Amendment is adopted by the City Council. As mentioned on page 11, 0 portion of the gross tax increment revenue generated by the Added Area is required to be shored with affected taxing agencies that levy taxes in the Added Area. These payments are mandated by Section 33607 of the Redevelopment Law, and equal approximately 34% of the gross tax increment revenue generated over the 45-year time period the Agency may collect tax increment revenue from the Added Area. The Report to the City Council also includes a summary of the communications between the Redevelopment Agency and affected taxing agencies. The Redevelopment Agency has received only one telephone call from a representative of the Notional City Elementary School District seeking clarification regarding the date of the public hearing. No other correspondence or contact has been received by the Agency from any other affected taxing agency regarding the 2004 Amendment. ATTACHMENTS FISCAL IMPACT Attachment 1 - Council Resolution Acknowledging Receipt of the Reports and Recommendation of the Town Centre and Added Area Project Committees Agency Resolution Transmitting An Amended and Restated Redevelopment Plan Amended and Restated Redevelopment Plan Draft Ordinance Considering the Amended and Restated Redevelopment Plan Attachment 2 - Attachment 3 - Attachment 4 - J:\COMMDEV\STAFf.REP\03*23-04\Joint Public Hearing Staff Report - Draft Mar 9 04.doc (- Ie./. ATTACHMENT 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF THE REPORTS AND RECOMMENDATIONS OF THE TOWN CENTRE AND ADDED AREA PROJECT AREA COMMITTEES ON THE PROPOSED 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has sUbsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22,2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22,2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan (collectively, the "Plans") were merged to establish the Merged Chula Vista Redevelopment Project to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and WHEREAS, on January13, 2004, the City Council adopted Ordinance No. 2947 amending the Plans to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and WHEREAS, on February 3, 2004, the City Council adopted Ordinance No. 2949 amending the Plans to extend the duration of the plan's effectiveness and time limit to collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the Merged Chula Vista Redevelopment Project to consolidate the constituent Plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries ("Added Area"), and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas, which amendment, as generally described above, is in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project ("2004 Amendment"); and WHEREAS, the Town Centre Project Area Committee was duly and properly formed in compliance with the requirements of the Community Redevelopment Law of the State of California and was consulted on the 2004 Amendment (at that time known as the 2003 Amendment) in accordance therewith, and JlCOMMDEV\RESOS\03-23-04\Council Reso - Re>:eipl of PAC Rewmmendations - Mar 23 04,OOC /II-I WHEREAS, following all proper procedures duly and regularly taken, the Town Centre Project Area Committee, on September 17, 2003, adopted its report and recommendation on the 2004 Amendment as shown in Exhibit A attached hereto; and WHEREAS, the Added Area Project Area Committee was duly and properly formed in compliance with the requirements of the Community Redevelopment Law of the State of California and was consulted on the 2004 Amendment (at that time known as the 2003 Amendment) in accordance therewith, and; WHEREAS, following all proper procedures duly and regulatory taken, the Added Area Project Area Committee, on October 9, 2003, adopted its report and recommendation on the 2004 Amendment as shown in Exhibit B attached hereto; and WHEREAS, the 2004 Amendment (at the time known as the 2003 Amendment) acted upon by the Town Centre Project Area Committee and the Added Area Project Committee is the same in all material respects as it relates to the Merged Chula Vista Redevelopment Project which is the subject of the 2004 Amendment; and WHEREAS, this action is not a project under CEQA pursuant to CEQA Guidelines Section 15378. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby acknowledges receipt of the report and recommendations of the Town Centre and Added Area Project Area Committees on the 2004 Amendment as shown on Exhibits A and B attached hereto. Presented by ~~. ~~ AllO;eey r ez:.. Laurie M. Madigan Community Development Director J:\COMMDEV\RESOS\03-23-04ICouncil Reso - Receipt of PAC Recommendations - Mar 23 04.00C ;4 I-~ EXHIBIT A RESOLUTION 2003-003 OF THE TOWN CENTRE II PROJECT AREA COMMITTEE REPORT AND RECOMMENDATION OFTHE TOWN CENTRE PROJECT AREA COMMITTEE ON THE 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT Note: Resolution 2003-003 of the Town Centre II Project Area Committee contains the following attachments: . Proposed Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project . Proposed Relocation Method prepared in conjunction with the 2004 Amendment . Owner Participation Rules prepared in conjunction with the 2004 Amendment These documents are in file in the City's Community Development Department, and are available for public review. Versions of these documents, with minor revisions, are contained in the report to the Cijy Council for the proposed 2004 Amendment which is attached as Exhibit A to Attachment 2 of the staff report on this item. A 1-3 J:\COMMDEVlRESOS\03-23-04\Council Reso - Receipt of PAC Recommendations _ Mar 23 04.00c TOWN CENTRE II RESOLUTION NO. .2003-003 A RESOLUTION OF TIm PROJECT AREA COMMIlTEE FOR TIIE TOWN CENTRE IT CONSTITUENT AREA OF THE MERGED CHULA VISTA REDEVELOPMENT PROJECT MAKING ITS REPORT AND RECOMMENDATION ON TIm PROPOSED 2003 AMENDMENT TO TIIE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City Council'') adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre IT Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22,2000 by Ordinance No. 2817 ("Town Centre IT Plan''); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22,2000 by Ordinance No. 2818 ("Otay Valley Plan''); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22,2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seQ. ("Law''); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency'') desires to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre n and Otay Valley constituent project areas ("2003 Amendment''); and WHEREAS, by previous acti()Il~~Y-~C:!l>__a}')!:Oj~~_fommittee for the constituent Town Centre IT portion of the Merged Chula Vista Redevelopment Project ("Town Centre II PAC'') was duly furmed and is in existence; and WHEREAS, Section 33385.5 of the Law provides that before the proposed 2003 Amendment is submitted to the City Council for consideration, it shall be first submitted to the Town Centre IT PAC for its report and recommendation; and, WHEREAS~ the Town Centre IT PAC has received and reviewed the 2003 Amendment in the fonn attached hereto as Exhibit "A;" and A (-4 3941021248-<>002 428445.02 .09109103 " " " " " - -. . " " WHEREAS, the Town Centre UP AC Ii8s a1s()~iVed and reviewed the proposed Relocation Method and proposed Owner Participation Rules," in the forms attached hereto as Exhibit "B" and Exhibit "C" respectively; to be considered by the Agency in conjunction with the 2003 Amendment. , f NOW, THEREFORE, BE IT RESOLVED that the Town Centre II PAC hereby:! 1. Reports, finds, and determines that it has reviewed (a) the 2003 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged ChW.a Vista Redevelopment Project as attached hereto as Exhibit "A," (b) the R~location Method, as attached hereto as Exhibit "B," prepared in conjunction with the 2003 Amendment, and (c) the Owner Participation Rules, as attached hereto as Exhibit "C," prepared in corijunction with the 2003 Amendment; 2. Recommends that (a) the City Council and Agency adopt the 2003 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merg~ Chula Vista Redevelopment Project, (b) the Agency adopt the Relocation Method trrepared in conjunction with the 2003 Amendment, and (c) the Agency adopt the Owner Participation Rules prepared in conjunction with the 2003 Amendment; and I 3. Finds and determines that this Resolution constitutes the Town Center n PAC's report and recommendation on the 2003 Amendment pursuant to Section 33385.5 of the Law, and its report and recommendation concerning adoption of the Relocation Method and the Owner Participation Rules prepared in conjunction with the 2003 Amendment. : ~~~/-~/ Chair, Town Centre II Project Area Committe . STATE OF CALIFORNIA ) ) .ss CITY OF CHULA ~ . I, " ~, Secretary of the Town Centre"II Project Area Committee, DO HEREBY Rili' Y that the g~.e~ol~1:~ said Project Area Committee was duly adopted at a meeting thereof held on 2003, by the follown).g vote: AYES: Floyd,.,- Rossi, Moctezuma, RadCliffe, Dennison, an I Chair Money NOES: ' ~ ABSENT: Member Madsen ABSTAIN: S Centre II Project Area Committee /11.- S- 394102t24~2 "?_~.I!HI'l,)...M/l')(l!n~ -,,- EXHIBIT B RESOLUTION 2003-01 OF THE ADDED AREA PROJECT AREA COMMITTEE REPORT AND RECOMMENDATION OF THE ADDED AREA PROJECT AREA COMMITTEE ON THE 2004 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT Note: Resolution 2003-01 of the Added Area Project Area Committee contains the following attachments: . Proposed Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project . Proposed Relocation Method prepared in conjunction with the 2004 Amendment . Owner Participation Rules prepared in conjunction with the 2004 Amendment . Requested policies to be incorporated into the Method of Relocation prepared in conjunction with the 2004 Amendment These documents are in file in the City's Community Development Department, and are available for public review. Versions of these documents, with minor revisions, are contained in the report to the City Council for the proposed 2004 Amendment which is attached as Exhibit A to Attachment 2 of the staff report on this item. J:\COMMDEV\RESOSIOJ_2J_04\Council Reso - Receipt of PAC Recommendations - Mar 23 04.00c Ii I - ~. ~, _ ,/I.: ,.~ RESOLUTION NO. i003-o1 . A RESOLUTION OF TIlE PROJECT AREA COMMlTIEE FOR TIIE 2003 AMENDMENT AREA CONSTITUENT AREA OF lHE MERGED CHULA VISTA REDEVELOPMENT PROJECT MAKING ITS REPORT AND RECOMMENDATION ON THE PROPOSED 2003 AMENDMENT TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August IS, 1978, the City Council of the City of Chula Vista ("City Council'') adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22,2000 by Ordinance No. 2817 ("Town Centre II Plan''); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22,2000 by Ordinance No. 2818 ("Otay Valley Plan''); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan''); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et~. ("Law"); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency'') desires to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas (''2003 Amendment"); and WHEREAS, the property to be added to the Merged Chula Vista Redevelopment Project Area boundaries is referred to in the 2003 Amendment and hereinafter in this Resolution as the 2003 Amendment Constituent Area; and WHEREAS, pursuant to Section 33385.3(aX2) of the Law, a Project Area Committee for, and applicable to, the 2003 Amendment Constituent Area ("2003 Amendment Constituent Area PAC'') was duly formed and is in existence; and A (-7 394/021248.0002 428446.02 al0113103 I . WHEREAS, Section 333855 of the Law provides that before the proposooJ 2003 Amendment is submitted to the City Council for consideration, it shall be first submitted'to the 2003 Amendment Constituent Area PAC for its report and recommendation; and, i WHEREAS, the 2003 Amendment Constituent Area PAC has received and revieJoo the 2003 Amendment in the form attached hereto as Exhibit "A;" and WHEREAS, the 2003 Amendment Constituent Area PAC has also receiver, and reviewed the proposed Relocation Method and proposed Owner Participation Rules, in thelforms attached hereto as Exhibit "B" and Exhibit "c" respectively, to be considered by the Agehcy in conjunction with the 2003 Amendment. ' I , NOW, THEREFORE, BE IT RESOLVED that the 2003 Amendment Constituent Area PAC hereby: i 1. Reports, finds, and determines that it has reviewed (a) the 2003 Amendmentin the form of the Amended and Restated Redevelopment Plan for the Merged Chullt Vista Redevelopment Project, as attached hereby as Exhibit "A", (b) the ReloCation Method, as attached hereto as Exhibit "B," prepared in conjunction with thfi 2003 Amendment, and (c) the Owner Participation Rules, as attached hereto as Exhibit "C," prepared in conjunction with the 2003 Amendment; 2. Recommends that (a) the City Council and Agency adopt the 2003 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Fhula Vista Redevelopment Project; (b) the Agency adopt the Relocation Method prepared in conjunction with the 2003 Amendment subject to the policy modifications described on Exhibit "D", and (c) the Agency adopt the Owner Participation .Rules prepared in conjunction with the 2003 Amendment; and i I 3. Finds and determines that this Resolution constitutes the 2003 Amendment Constituent Area PAC's report and recommendation on the 2003 Amendment pursuant to Section 33385.5 of the Law, and its report and recommendation concerning adoption of the Relocation Method and the Owner Participation Rules prepared in conjunction with the 2003 Amendment . , 2003 Amendment 0 . ent Area Project Area Committee /II -<6 394m2124&-o002 .., STATEOFCALIFORNIA ) ) .ss CITY OF CHULA VISTA ) 1, Miguel Z. Tapia, Secretary of the 2003 Amendment Constituent Area Project Area Committee, DO HEREBY CERTIFY that the foregoing Resolution of said Project Area Committee was duly adopted at a meeting thereof held on October 9, 2003, by the following vote: AYES: Chair Horning, Vice-chair Harb, Member Courmey and Member Ochoa NOES: None. ABSENT: Member Charlton, Member Jones. ABSTAIN: None. Z-v , 2 Amendment Constituent ornmittee ;41-9 3941021248-0002 428446.02 al0130103 3 ATTACHMENT 2 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TRANSMITTING ITS REPORT TO THE CITY COUNCIL FOR THE PROPOSED 2004 AMENDMENT (IN THE FORM OF THE AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22,2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22,2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan (collectively, the "Plans") were merged to establish the Merged Chula Vista Redevelopment Project to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seQ. ("Law"); and WHEREAS, on January 13, 2004, the City Council adopted Ordinance No. 2947 amending the Plans to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and WHEREAS, on February 3, 2004, the City Council adopted Ordinance No. 2949 amending the Plans to extend the duration of the plan's effectiveness and time limit to collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the Merged Chula Vista Redevelopment Project to consolidate the constituent Plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas, which amendment, as generally described above, is in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project ("2004 Amendment"); and WHEREAS, the Agency has prepared a Report to the City Council on the 2004 Amendment which provides all information required by Section 33352 of the California Community Redevelopment Law (California Health and Safety Code Sections 33000 et seQ.) in the from attached hereto as Exhibit A; and J:\COMMDEV\RESOSI03-23-04\Agency Reso - Repon to Council- Mar 23 04.DOC t1~- f WHEREAS, this action is not a project under CEQA pursuant to CEQA Guidelines Section 15378. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby transmits its Report to the City Council for the proposed 2004 Amendment (in the form of the Amended and Restated Redevelopment Plan) to the Merged Chula Vista Redevelopment Project as shown on Exhibit "A" attached hereto. Presented by Laurie M. Madigan Community Development Director 1:\COMMDEV\RESOS\03-23-04\Agency Reso - Report to Council- Mar 23 04DQC ,If ;}- - :;)..... EXHIBIT A Merged Chula Vista Redevelopment Project Report to the City Council March 23, 2004 RedevelopmentAgency of the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com A 1..-3 Table of Contents I ntrod u cti on ....................... ....... ............... ................................................... i Amendment Process ................................................................................................... iii The Reasons for the Amendment, Including a Description of Proposed Projects and How Such Projects Will Improve or Alleviate Blight in the Added Area ............................................................................................ A-1 Geographic Boundaries................... ......................................................................... A-1 Background................................... ............................................................................ A-3 A Determination as to Whether the Project Area is Predominately Urbanized .....A-1 0 A Description of How the Proposed Projects Will Improve and Alleviate Blight ....A-12 A Description of the Physical and Economic Conditions Existing in the Added Area ............................................................................................ B-1 Legal Context of Blight .......................... .................................................................... B-1 Blighting Conditions in the Added Area .................................................................... B-3 Properties Included for Redevelopment Purposes................................................. B-32 P hot 0 Survey.................................................... .................................... B.34 Five-Year Implementation Plan ............................................................. C-1 Plan Goals and Objectives..... .................. ................................................................. C-2 Blighting Conditions............ .................. ........................................................... ......... C-3 Financial Resources..... ... ................. ........................................................ ................ C-4 Five-Year Programs and Expenditures ....................................................................C-5 Affordable Housing Compliance Plan.............................. ......................................... C-8 An Explanation of Why the Elimination of Blight in the Added Area Cannot be Accomplished by Private Enterprise Acting Alone or Through Other Financing Alternatives Other Than Tax Increment Financing... D.1 Method of Financing and Economic Feasibility of the Plan...................E.1 C:\DOCUMENTS AND FILES\OLK12\REPORT.DOC SETTINGS\MIGUEL 11LOCAL SETTINGSITEMPORARY INTERNET Az-Lj Projected Tax Increment Revenues ......................................................................... E-4 The Method of Relocation ...................................................................... F-1 An Analysis of the Preliminary Plan ...................................................... G-1 The Report and Recommendations of the Planning Commission ........ H-1 Report and Recommendation of the Project Area Committees .............1-1 Town Centre Project Area Committee....................................................................... I -1 Added Area Project Area Committee ........................................................................1-1 A Statement of Conformance to the General Plan ..................................-1 The Environmental Impact Report ........................................................ K-1 Summary of Environmental Impacts ........................................................................ K-1 Project Altemative Analysis................................................. ..................................... K-5 Preparation and Public Review Schedule ................................................................ K-6 Report of the County Fiscal Officer .......................................................L-1 Neighborhood Impact Report ................................................................ M-1 A Summary of the Agency's Consultations with Affected Taxing Entities and a Response to Said Entities' Concerns Regarding the Plan .......... N-1 A1-S- Introduction In an effort to improve its efforts to revitalize west Chula Vista, the Redevelopment Agency of the City of Chula Vista ("Agency") has proposed an amendment to the previously merged Town Centre II, Otay Valley, and Southwest Redevelopment Plans ("Amendment"). If adopted by the City Council (after a public hearing scheduled on March 23, 2004), the Amendment would accomplish the following: 1) Consolidate the Town Centre II, Otay Valley, and Southwest Redevelopment Plans into a single amended and restated redevelopment plan document to be known as the Merged Chula Vista Redevelopment Plan ("Plan"), including updating the public improvement and facility projects list in the Plan; 2) Add approximately 494 acres of property located throughout the western part of Chula Vista to the Merged Chula Vista Redevelopment Project Area ("Added Area"); and 3) Reestablish eminent domain authority for a period of 12 years on all property (except for residentially-occupied property in a residential zone) in the Otay Valley and Town Centre II constituent areas of the Merged Chula Vista Redevelopment Project Area [note: the Otay Valley constituent area currently has no residentially zoned property]. This Report to the City Council ("Report") has been prepared by the Agency in accordance with Section 33000 et seq. of the Health and Safety Code of the State of California ("Law"). Consistent with Section 33352 of The Law, this Report describes the needs for and implications of the proposed Amendment. Its contents are divided into the following sections: SECTION A. The Reasons for the Amendment, Including a Description of Proposed Projects and How Such Projects Will Improve or Alleviate Blight in the Added Area. SECTION B. A Description of the Physical and Economic Conditions Existing in the Added Area. SECTION C. Five-Year Implementation Plan. SECTION D. An Explanation of Why the Elimination of Blight in the Added Area Cannot be Accomplished by Private Enterprise Acting Alone or Through Other Financing Alternatives Other Than Tax Increment Financing. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA -1- MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /1 'J.. - ~ SECTION E. Method of Financing and Economic Feasibility of the Plan. SECTION F. The Method of Relocation. SECTION G. An Analysis of the Preliminary Plan. SECTION H. The Report and Recommendations of the Planning Commission. SECTION I. Report and Recommendation of the Project Area Committees. SECTION J. A Statement of Conformance to the General Plan. SECTION K. The Environmental Impact Report. SECTION L. Report of the County Fiscal Officer. SECTION M. Neighborhood Impact Report SECTION N. A Summary of the Agency's Consultations with Affected Taxing Entities and a Response to Said Entities' Concems Regarding the Plan. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA -11- MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2,-7 Amendment Process The Law permits redevelopment agencies to amend redevelopment plans to, among other things, to amend provisions, modify limitations, and expand boundaries to facilitate the elimination of blighting conditions. The Law prescribes a specific process involving preparation of various documents, including this Report, consultation with affected taxing agencies, and participation and input from affected residents, business owners, property owners and other stakeholders. The Plan is scheduled for consideration by the Agency and City Council at a joint public hearing scheduled for March 23, 2004. All Project Area property owners, business owners, and other governmental agencies will receive notice of this joint public hearing by mail. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - III - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2-F The Reasons for the Amendment, Including a Description of Proposed Projects and How Such Projects Will Improve or Alleviate Blight in the Added Area Geographic Boundaries Chula Vista is located in the South Bay area of the greater San Diego metropolitan area, 7 miles south of the City of San Diego Downtown and 7 miles north of the US- Mexico border. Chula Vista covers an area of approximately 32,572 acres, contains 64,440 housing units, and the City's population in 2002 was estimated at 191,090, making Chula Vista the second largest city in the County, according to reports from Geographic Applied Solution. Existing Project Area The existing Merged Chula Vista Redevelopment Project consists of the three previously merged redevelopment plans for the Town Centre II, Otay Valley, and Southwest Redevelopment Project Areas. The total acreage of the existing Project Area is 1,896 acres, or 5.8% of the City; most of this property is in commercial and industrial use. Proposed Added Area The Amendment proposes to incorporate additional territory (known as the "Added Area") to the existing Merged Chula Vista Redevelopment Project Area. The Added Area would increase the size of the Merged Redevelopment Project Area by 494 acres (approximately 21%), bringing the total to 2,390 acres. The parcels that comprise the Added Area lie along the major commercial and industrial roadways in the western part of Chula Vista (Broadway, Third Avenue, E Street, H Street, and other pocket areas in the northern part of the City) that is not already in the existing Merged Chula Vista Redevelopment Project. A few residential properties are also included in the Added Area, in order to potentially consolidate the necessary land assembly and effectuate future redevelopment projects. A more thorough description of these properties is provided below. By including all the proposed properties, redevelopment efforts such as infrastructure and capital project improvements will be effective in developing the entire Project Area. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2-9 The Added Area is comprised of commercially and industrially zoned property, though not all property in the Added Area is currently used for these purposes. The major land uses in the Added Area include commercial, industrial, and residential. Other land uses include vacant, recreational, institutional, and public right of way. TableA-1 presents a land use breakdown of the Added Area. ADDED AREA EXISTING LAND USE TABLE A-1 Land Use Commercial Industrial Institutional Recreation Residential Miscellaneous Vacant Subtotal Publici Right of Way Total Count of Parcels 385 65.59% 52 8.86% 7 1.19% 2 0.34% 54 9.20% 49 8.35% 38 6.47% 587 100.00% 0.00% 587 100.00% Source: Metroscan Parcel Acreage 305.84 61.86% 49.46 10.00% 7.39 1.49% 1.04 0.21% 30.44 6.16% 48.65 9.84% 24.78 5.01% 467.6 94.59% 26.77 5.41% 494.37 100.00% The boundaries of the Project Area are illustrated on Exhibit A-1. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ,,12 -/0 , . '\ I -,..' l l ~ I " ~ l 0 . . . 0 ! " I . ~ , .i 0 II . i . < ~ ~ F ~ . . u u . . I I ~ ~ . . . ~ . , .i I . . '" . ~ . I [. ~. . 0 L .- 0 , A1..-/I Background The City of Chula Vista ("City") currently has five redevelopment plans, each of which delineate a redevelopment constituent area. These five plans were legally established between 1974 and 1990. Unlike the neighboring cities of National City, Imperial Beach and Coronado that have virtually their entire city within a redevelopment project area, only 10% of the City of Chula Vista is currently located within a redevelopment project area. These five existing Redevelopment Project Areas comprise approximately 3,257 acres of property. The Amendment affects three of these five constituent areas-Town Centre II, Otay Valley, and Southwest Project Areas, which were merged by Ordinance No. 2819 to allow the sharing of redevelopment property tax increment between and amongst the these three areas. These three plans and project areas are known as the Merged Chula Vista Redevelopment Project. The Amendment primarily proposes a modest increase in the total amount of property within the City that would be included in the Merged Chula Vista Redevelopment Project Area and would reinstate the Agency's eminent domain authority (except for residentially occupied property in a residential zone) within the Otay Valley and Town Centre II constituent areas. The Amendment would also consolidate the constituent redevelopment plans into a single document. What is now the Merged Chula Vista Redevelopment Project (Town Centre II, Otay Valley and Southwest) originated on August 15, 1978, when the Chula Vista City Council approved a redevelopment plan for the Town Centre II Redevelopment Project Area. The original Town Centre II Project Area was enlarged on May 19, 1987 to include several noncontiguous areas in west Chula Vista. The Town Centre II Redevelopment Plan underwent additional amendments in 1988, 1994, and most recently in 2000, though none of these added territory to the Town Centre II Project Area. The Town Centre II Redevelopment Plan was also amended by further technical amendments in January 2004 and February 2004 to conform to Senate Bills 211 and 1045 adopted by the Califomia Legislature and enacted into State law. Major land uses in the Town Centre II are the Chula Vista Shopping Center regional mall, the Civic Center, and other commercial and residential uses. The Otay Valley Redevelopment Plan was adopted on December 29, 1983 and includes commercial, industrial, and vacant properties along the south side of what is now referred to as Main Street, east of Interstate 805. Prior to 2004, the Otay Valley Redevelopment Plan has been amended twice, though none of these amendments modified the boundaries of the original Otay Valley Project Area. As with the Town Centre II Redevelopment Plan, the Otay Valley Redevelopment Plan was amended by further technical amendments in January 2004 and February 2004 to conform to Senate Bills 211 and 1045 adopted by the California Legislature and enacted into State law. The Southwest Redevelopment Project Area includes industrial, commercial, and residential properties in the southern part of the City, along Main Street (west of ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -42 -/2 Interstate 805), Broadway and Third Avenue. The Southwest Redevelopment Plan was originally adopted on November 27, 1990, and amended shortly thereafter on July 9, 1991 to include a small amount of additional area. Several other amendments occurred between 1994 and 2002, though none of these modified the boundaries of the Southwest Project Area. As above, the Southwest Redevelopment Plan was amended by further technical amendments in January 2004 and February 2004 to conform to Senate Bills 211 and 1045 adopted by the Califomia Legislature and enacted into State law. On August 22, 2000, the City Council merged the Town Centre II, Otay Valley, and Southwest redevelopment areas by adopting a series of plan amendments. The merger did not alter the three existing redevelopment plans themselves, but authorized the use of tax increment funds throughout the three merged project areas. The proposed Amendment is intended to consolidate the three separate redevelopment plans into a single document, titled as the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area. The three areas of Town Centre II, Otay Valley, and Southwest would continue to be identified as separate constituent areas within the Merged Project Area. But having a single redevelopment plan for the three constituent areas that comprise the Merged Project Areas will allow for streamlined administration and consistency with current Law. More recently, the City Council amended the existing Redevelopment Plan to rescind the time limit to incur debt (in January 2004) and extend the duration of the Plan's effectiveness and time period to collect tax increment revenue by one additional year (in February 2004). The Amendment also proposes to add territory, known as the "Added Area" to the Merged Project Area. The Added Area adjoins much of the existing merged Project Area and incorporates the majority of the remaining commercially zoned property along major west Chula Vista arterials like Broadway and Third Avenue. Though currently outside the existing merged Project Area, the Added Area faces many of the same land use problems of the existing three constituent areas, such as obsolete strip commercial development that lacks parking and contains several incompatible land uses. These and other physical problems, coupled with serious economic problems including high crime rates and low lease rates, forestall revitalization of these areas. Section B of this Report elaborates on the specific blighting conditions in the Added Area. The members of the Agency Board are responsible for oversight and implementation of redevelopment programs in the Town Centre II, Otay Valley, and Southwest constituent areas that form the Merged Chula Vista Redevelopment Project Area. The Agency's redevelopment successes during the past years include rehabilitation of older commercial buildings in downtown, major renovations at the Chula Vista Shopping Center, streetscape and public infrastructure improvements along Main Street and Broadway, construction of new public facilities and development of affordable housing. At the same time, the Agency's efforts are increasingly becoming insufficient to meet the magnitude of the problems in the older parts of the City. With the development of new, contemporary neighborhoods and commercial developments east of Interstate ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-4 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2- /3 805, residents in the western part of Chula Vista face a lower standard of public infrastructure, obsolete and deteriorating retail neighborhood retail areas, concentration of car accidents, and higher crime rates. The City is investing a significant amount of resources in the western part of Chula Vista beyond redevelopment resources. The ongoing General Plan update places a high priority on establishing a new vision for older parts of the community, while the recent Chula Vista Economic Development Strategy delineates opportunities to enhance industrial and retail areas in the City. However, for the General Plan and the Economic Development Strategy to be successful, financial and land acquisition resources will be needed because the private sector alone has not demonstrated an ability to remedy the physical and economic conditions. Governmental assistance is necessary to remove major impediments to development and trigger projects that will remove blighting influences and improve the affected areas. The specific goals of the Amendment are described below. Consolidate Redevelopment Plans The Amendment would enable the Agency's redevelopment work in the western part of Chula Vista and the existing redevelopment project areas in particular. The three existing constituent redevelopment plans, Town Centre II, Otay Valley Road and Southwest were adopted between 1978 and 1991, and each plan was prepared by different staff and consultants and based upon the practices and statutes at that time. As a result, the pOlicies and language within these plans differ dramatically. As a result, administration of the plans can be difficult due to these inconsistencies. For example, implementation of a project on Broadway or Third Avenue could involve review of two or three different redevelopment plans, a confusing and unnecessary process for staff and potential private sector developers and property owners. By consolidating the three separate redevelopment plans into a single redevelopment plan, the Agency would be able to more efficiently administer project implementation, and provide the general public one focused redevelopment plan (instead of three very different documents). Include Added Area The Amendment also allows the expansion of redevelopment tools into 494 acres of property that currently does not fall within the existing Project Area. Incorporating these additional properties in the western part of Chula Vista into the redevelopment program provides incentives to property owners to renovate and redevelop their properties, while enabling the Agency to more consistently implement improvements along all of Broadway, Third Avenue and other blighted areas in the City where redevelopment tools do not exist. In some cases, inclusion of these additional parcels is necessary to effectively implement redevelopment programs in the existing Redevelopment Project Area. The Added Area is generally characterized by blighting conditions such as unsafe and unhealthy buildings, incompatible uses, factors that hinder the economically ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-5 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1.....- /~ viable use, abnormally low lease rates and excess vacant lots and abandoned buildings, excess of businesses catering exclusively to adults, and high crime rates. Section B demonstrates in detail the physical and economic blighting conditions in the Added Area. Exhibit A-2 displays the boundaries for the Added Area. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-B - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -4 '2.. - /5 \" \ \ 'Il. ,....; .... I I I \ \ I L__ -, r I :-, , I \ \ $ 'i\ LEGEND + Merged Chula Vista Redevelopment Project Area Exhibit 1'.2 Added Area Boundary Map ;;.;:11' ;;,,~. :" ",\li~ E::J Added Area Boundary ;#II>v.CltyLimits ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-7 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2..-j(P Reestablish Eminent Domain in Otay Valley and Town Centre " The Amendment also proposes to reestablish eminent domain authority in the otay Valley and Town Centre II constituent areas (except for residential uses on residentially zoned property). Though rarely used, eminent domain is an essential tool when the Agency participates in projects involving assembly of property, particularly in areas like otay Valley and Town Centre II where assembly of parcels undersized and in mixed ownership by today's standards frustrates efforts to develop contemporary uses. In addition, the ability to condemn property is one practical way to compel owners to redevelop their property through the owner participation process. At the time of their adoption, both the Town Centre II and Otay Valley constituent areas permitted the use of eminent domain on all property. Consistent with statutory limitations, the time limit to commence eminent domain expired 12 years following their adoption in 1990 in Town Centre II and 1995 in otay Valley. The Law permits Agencies to extend this time limit by a plan amendment. Accordingly, the proposed Amendment would establish a new 12-year time limit to commence eminent domain in the otay Valley and Town Centre II constituent areas, commencing from the date the Amendment is adopted-€xcept that condemnation authority would not apply to occupied residential uses located on residentially zoned property. (Note: the otay Valley constituent area currently has no residentially zoned property.) Extension of this time limit provides the Agency the option to use eminent domain in the future, though there are no plans to acquire any property at this time. The Amendment would also establish eminent domain authority for 12 years in the Added Area, but again this authority would not apply to occupied residential uses located on residentially zones property in the Added Area. Though residential property in residential zones would be exempt from eminent domain by the proposed Amendment, eminent domain would be available to the Agency on residential property in non-residential (commercial and industrial) zones. In most cases non-residential uses are located in non-residential zones in the Project Area. However, there are eight mobile home parks (seven in the Added Area and one in Town Centre II) and two other residential parcels within the Added Area that are located in commercial or other non-residential zones, that could be subject to eminent domain acquisition if the Amendment is approved. In its other redevelopment areas, the Agency's policy has been to retain eminent domain in areas where incompatible residential uses exist; though there may not be plans to acquire or redevelop these residential uses today, over the next several years, it is conceivable that some residential uses could be redeveloped in the future as the City looks to implement the General Plan goals to improve west Chula Vista. Eminent domain is an important tool for the Agency as it seeks to address blighting conditions such as consolidating and redeveloping parcels that are undersized, lack parking and contain obsolete buildings that stifle economic growth in the area. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-8 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A '2-- /7 Focus of this Report Because of the nature and scope of the proposed Amendment, much of this Report is focused on the Added Area and addressing why the Added Area meets the requirements of the Law to be added to, and included within, the Merged Project Area. The reasons for including territory already within the three constituent areas and other findings related to blight, urbanization, and matters required to be considered as part of the adoption of the redevelopment plans for the three constituent areas, were considered at the time each of the redevelopment plans for the three constituent areas was adopted. Those justifications and findings are not required to be reconsidered for this Amendment. Instead, this Report presents the information necessary to enable the City Council, if it so chooses in its legislative discretion, to adopt the Amendment, including to add the Added Area to the Merged Project Area, in accordance with the requirements of the Law. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-9 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ~ 2 -IY A Determination as to Whether the Project Area is Predominately Urbanized Under Section 33030 of the Law, a blighted area is one that is, at the time of adoption, predominantly urbanized <not less than 80%), which is defined in the Law as follows: . Has been or is developed for urban uses; or . Is characterized by the existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness, and development that are in multiple ownership; or . Is an integral part of one of more areas developed for urban uses, which are surrounded or substantially surrounded by parcels, which have been or are developed for urban uses. Parcels separated by only an improved right-of-way shall be deemed adjacent for the purpose of this subdivision. The Added Area encompasses an area of approximately 494 acres, inclusive of public right-of-way. A total of 410 acres, or 83 % of the Added Area, is urbanized. Urbanized areas include parcels that either have been or are currently developed for urban uses. No part of the Added Area is characterized with irregular or inadequately shaped parcels pursuant to the definition contained in Section 33031(4) of the Law, nor is any part of the Added Area in agricu~ural use. Exhibit A-3 depicts the specific location of nonurbanized parcels in the Added Area; the remaining Added Area properties are urbanized. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-10 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ~L- /'7 \ ' ,'t' .... " ~ "" ~,,,.... .. 'to" "~I' .. , i'. ~,., '"' ' ...'" ' ,,'^':'-' .. \ ,...j .... , , I \ \ I L__ -.. I I rot:: , 1 \ , ~ \ LEGEND + Merged Chula Vis.ta Redevelq:lment Project Area Exhibit A-3 Urbanization Map :sl~ ;,.1t _ Non Urbanized Parcels ROSENOW SPEVACEK GROUP, INC, MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-11 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A'2-UJ A Description of How the Proposed Projects Will Improve and Alleviate Blight The Plan incorporates a list of the infrastructure and public facilities projects proposed to be implemented by the Agency throughout the Project Area. In addition to these projects, the Agency will employ other tools necessary to alleviate the blighting conditions as demonstrated in Section B of the Report. The projects proposed by the Agency include the following: Public Infrastructure Projects Improvements to Project Area public infrastructure are intended to alleviate traffic congestion and improve public safety, remove costly impediments to development, and upgrade infrastructure to contemporary standards to stimulate private development. The proposed traffic/circulation improvement projects shall include, but are not limited to roadways, landscape, street lights, pedestrian walkways, bridges, interchanges, roadways, curbs, gutters, sidewalks, parking, street widening, street lights, traffic signals, over or underpasses, utility undergrounding, bicycle paths, street medians, trails, and trolley crossings. The proposed sewer and drainage improvement projects shall include, but are not limited to, monitoring systems, sewer parallels, drainage, sewer lines, wastewater treatment facilities, flooding systems, floor control dikes, and sewer systems. The proposed utility and communication improvement projects shall include, but are not limited to, electrical distribution systems, natural gas distribution systems; cable TV and fiber optic communication systems, water distribution systems, and windbreakers. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. Projects include, but are not limited to the following: · Street/Entrvwav Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54. . Main Street Improvements. Construct street improvements along Main Street to improve traffic flows and upgrade character of right-of-way. . Broadwav Revitalization. Implement a variety of street and other applicable improvements along Broadway, from H Street to L Street. Community Facilities Community facility improvements enhance the ability of the City to provide a commensurate level of service demands of Project Area and west Chula Vista residents and businesses. Improved service levels can elevate the appeal of Project ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA . A.12 . MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2.. - 1../ Area real estate, thereby positively affecting property values. Other blighting conditions that can be addressed through the proposed community facilities improvement projects shall include, but are not limited to parks, open spaces, schools, school facilities, fire and police facilities, communication systems, libraries, fire protection, cultural centers, community centers, city maintenance facilities, plazas, recreational facilities, playgrounds, and civic center. Further compliance with the General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. Other Potential Redevelopment Projects: The Agency may consider participation in other redevelopment projects to reduce blight and achieve other redevelopment goals. Except where noted, most of the projects are in the conceptual stages and no formal proposals have been submitted to the city or Agency. Thus, each of these projects is subject to further discretionary actions and is not being approved specifically reviewed as a part of the adoption of the Amendments. Further compliance with the General Plan, zoning standards, and environmental review may be necessary for these projects as proposals come forward. These projects include, but are not limited to, the following: . Watt Commercial Proiect. Redevelopment of property at the corners of Third Avenue and E Street for retail and other commercial use. . Landis/Pacific Scene. Adoption of specific plan and development of approximately 152 residential units at the corner of Third Avenue and Davidson Street. . SUHSD Joint Projects. The Agency and the Sweetwater Union High School District may consider one or more planning agreements to implement a series of improvements to current and future SUHSD properties that serve the Amended Project Area. The projects may include redevelopment of the existing District headquarters and corporate yard on Fifth Avenue with approximately 200 residential units, the Windmill Farms property at Third Avenue and Alvarado Street for District headquarters, residential and commercial uses. . Bavfront/Port Master Plan. Participation by both the City of Chula Vista and the Port of San Diego to develop and implement the Port Master Plan for the Bayfront area. . Duke Enerav Plant Relocation. Facilitate relocation and reuse and/or relocation of power generating facility within the Amended Project Area. . Bavfront Commons. Develop approximately 2,000 residential units, 3 hotels, and 150,000 square feet of supporting retail commercial use within the Bayfront area. . Bavfront/Port Master Plan. Participate with Chula Vista and the Port of San Diego on development and implementation of Port Master Plan for Bayfront area. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - A-13 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1. - 22 Other than the projects listed above, other redevelopment tools include the authority to acquire and rehabilitate property, relocate property owners, and assemble sites for development as mentioned in Section B. For example, the lack of parking, circulation space, designated pedestrian walkways, and proper setbacks within the Added Area could be addressed by acquiring vacant sites to develop designated parking where parking shortages exist or consolidate shared parking areas. These projects would relieve the reliance on street parking and create buffers for pedestrian walkways, provide building setbacks, and address insufficient circulation space. In retum, the improvement in circulation and public right of way will lessen the concentration of automobile accidents. The Agency could also fund improvement programs to strengthen the construction material that are susceptible to fire. Through redevelopment, the Agency would have the financial power to revitalize the Added Area by providing a designated source of funding to stimulate private investments, provide incentives for development to occur, and improve quality of life. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA . A.14. MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL 42.-1.3 A Description of the Physical and Economic Conditions Existing in the Added Area This Section describes the blighting conditions that exist within the Added Area. The Added Area is characterized by both physical and economic blighting conditions as defined by Law. The conditions found in the Added Area include the following: · Unsafe/Unhealthy Buildings - Due in large part to excessive lot coverage that inhibits safe onsite parking and circulation, over 50% of the buildings in the Added Area are unsafe, resulting in a disproportionate number of traffic accidents and serious building code violations. This condition is most severe in areas around Broadway and Third Avenue. · Factors Preventing Economically Viable Use - Over 50% of the properties on Broadway were rated fair or poor for parking availability due to insufficient lot acreage and setbacks. · Incompatible Uses - Approximately 60% of the residential use parcels are located adjacent to industrial and/or commercial uses, resulting in a below market property values of these residences. · Abandoned Buildings and Excess Vacant Lots! Low Lease Rates - The average retail lease rate within the Added Area is $1.32, approximately 43% lower than areas outside the Project Area. · Excess of Businesses Catering Exclusively to Adults - The Added Area has 26 times more liquor stores and 41 times more bars per square mile than the City as a whole. · High Crime Rates - Crime rates (among all reported crimes) in the Added Area are more than 8 times greater than the citywide crime rates. This Section of the Report describes the findings of blight in the Added Area. Legal Context of Blight Sections 33030 through 33039 of the Law describe the conditions that constitute blight in a redevelopment project area. A blighted area is one that necessitates the ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL 42 - 'L<I creation of a redevelopment project area, because the combination of conditions in an area constitute a burden on the community, and cannot be alleviated by private enterprise, governmental action, or both. Section 33030 of the Law defines a blighted area as one that contains both of the following: An area that is predominantly urbanized and is an area in which the combination of physical and economic blighting conditions is so prevalent and so substantial that n causes "a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or govemmental action, or both, without redevelopment." To be blighted a project area (in this case the "Added Area") must have at least one physical blighting condition and at least one economic blighting condition as defined in Section 33031 (a) and (b), respectively. Physical Blight Section 33031 (a) of the Law describes physical conditions that cause blight as one or more of the following: . Buildings in which it is unsafe or unhealthy for persons to live or work. Serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors can cause these conditions. . Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. . Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of a project area. . The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. Economic Blight Section 33031 (b) of the Law describes economic conditions that cause blight as one or more of the following: . Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A1..-'2.5"' . Abnormally high business vacancies, abnormally low lease rates, high tumover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. . A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. . Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, which has led to problems of public safety and welfare. . A high crime rate that constitutes a serious threat to the public safety and welfare. Section 33030(c) of the Law also states that a blighted area may be one that contains inadequate public improvements, facilities, or utilities when other blighting conditions are present. Inclusion of Non-Blighted Areas if Necessary for I:ffeGtive Redevelopment Section 33321 of the Law states that non-blighted areas can be included if they are necessary for effective redevelopment, the law defines as follows: A project area may include lands, buildings, or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for effective redevelopment of the area of which they are a part. Blighting Conditions in the Added Area This section presents a detailed analysis of blighting conditions within the Added Area. RSG documented current conditions based on interviews with Community Development, Code Enforcement, Public Works, Fire, Building, Planning, and Police Department, and discussions with local realtors, analysis of local real estate and economic data, and review of various reports and studies. The following Table B-1 lists the individuals consulted. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2...- Ze., LIST OF INOIVIDUALS ANO ORGANIZATIONS CONSULTED TABLE B-1 MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA Name Bart Benjamin Tracy C. Clark Michael Cullen Xavier Del Valle David Eisenberg Jim Geering Glen Googins Leilani Hines Joan Hughes Lupita Lopez Steve Morris Nancy Ross Lucianda Smith John Still Miguel Tapia Karen Wooten Title Retail Broker Retail Broker Community Development Specialist Sergeant Fire Marshal Deputy City Attorney Senior Community Development Specialist Senior Code Enforcement Officer Residential Broker Crime Analyst GIS Specialist Lead Programmer/Analyst Commercial Broker Principal Community Development Specialist Permit Processing Supervisor Organization Chula Vista Police Department Voit Commercial Brokerage Walsh Financial Commercial Chula Vista Community Development Chula Vista Police Department Chula Vista Fire Department Chula Vista City Attomey's Office Chula Vista Housing Division Chula Vista Code Enforcement Century 21 All Real Estate Chula Vista Police Department Chula Vista Technology Information GIS Chura Vista Business License Flocke & Avoyer Commercial Real Estate Chula Vista Community Development Chula Vista Building Department In addition, RSG conducted a parcel-by-parcel field survey of the Project Area in February 2003 and again in October 2003. The purpose of the field survey was to locate and evaluate the blighting conditions in the Added Area. Each parcel was evaluated based on the physical condition of the structure, the condition of the lot, the land use and the land use compatibility with surrounding uses. The following criteria were included in and evaluated during the survey: . Damaged/deteriorated wall materials . Damaged/deteriorated roofing . Damaged/deteriorated foundation . Damaged/deteriorated overhangs/posts . Damaged/deteriorated porch/stairs . Damaged/deteriorated rafters/framing . Damaged/deteriorated doors/windows . Damaged/deteriorated wiring/utilities . Conditions that resulted in safety hazards . Lack of parking . Inadequate setbacks causing land use conflicts . Insufficient loading areas ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-4 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2-2..7 . Ingress/egress problems . Vacancies exceeding 20% of the gross building area . Abandoned buildings . Incompatible uses On Iv serious phvsical or economic conditions were noted; properties needing repainting, new signage, or general cleanup, while prominent within the Added Area, were not identified as a part of the field survey because these conditions were not deemed to be a reliable and consistent measure of physical or economic blighting conditions. A property was considered blighted if some or all of the above criteria were present. The types of blighting conditions noted within the Added Area include unsafe and unhealthy factors that hinder the economically viable use, incompatible use, abandoned buildings and excess vacant lots, low lease rates, excess adult businesses and crime rates. Blight Map A map depicting the location of blighting conditions described in this Section is presented on Exhibit B-1 below. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA .6.5. MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /12--2.<7 " l ....., .... , , , , , I , L___ i , 1:" 1._.. I t', ,I \' , ,~- .~ ..)n.' LEGEND !III Blighted Parcels . + Merged Chula Vista Redevelopment Project Area Exhibit B-1 Blighted Parcels within the Added Area lfRl ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-6 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A1....-2.1 Unsafe and Unhealthy Buildings Background Prior to the construction of Interstate 5, Broadway was the primary north-south route between Mexico and Southern Califomia. The commercial corridors and trailer home parks on Broadway and Third Avenue evolved in the early 1960 from the demand of increasing travelers and vehicle transportation to the Mexican border. Serving as transit corridors, the building size and site layout of the commercial stores supported travelers with small lots and setbacks. At about the same time, mobile home parks developed along Broadway and Third Avenue. When the City emerged into a bedroom community and experienced rapid population growth, Broadway and Third Avenue became increasingly well-traveled and denser commercial uses moved into the area. The density resulted in tighter spacing between buildings especially in and around the mobile home parks. The increase in population also resulted in the surge of number of passenger vehicles, which escalated the demand for parking. Coupled with the growth factor and demand for parking, the existing commercial areas lacked the lot size to accommodate contemporary building development standards such as setbacks and parking, and consequently, resulted in unsafe conditions today. The mobile home parks also pose a safety concern as the growth of population and housing costs conflict with the physical constraints of the site, jeopardiZing setbacks and fire truck access. Defective Design The primary problem with Added Area properties is the fact that approximately 50% of the parcels are not designed in such a way to leave enough space around the building for parking and onsite circulation. So while the buildings themselves may not be deteriorating in every case, the defective design of the buildings, including the excessive lot coverage and positioning of the building on the lot, resutts in serious safety hazards. These problems include a high concentration of car accidents and code violations in Added Area properties. Due to insufficient setbacks, parking is limited and vehicles are frequently observed parked on sidewalks and ingress/egress areas, posing serious hazards to other drivers as well as pedestrians. During the survey, RSG noted at least 50% of the commercial properties on both Broadway and Third Avenue contained one or more vehicles parked on portions of the sidewalks or in circulation paths. The correlation between the lack of circulation and parking is evident as business owners and residents must make compromises between parking and safe circulation. Without proper circulation space, drivers are forced to maneuver through narrow lanes, creating a higher tendency of traffic accidents. Due to the highly subdivided nature of properties in these areas, many parcels have separate ingress/egress to Broadway or Third Avenue. This compounds the problems in these areas. Not only do these conditions on many parcels, but also the relative excessive numbers of curb cuts for ingress/egress reduce the availability of street parking. Without sufficient parking spaces, customers leave the area to shop elsewhere where parking is readily available or are forced to park on circulation access or sidewalks. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-7 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL .-12.-30 Another design deficiency that is common along Broadway and Third Avenue occurs when a car is forced to reverse to exit, and is blinded on cars parked on the street. As an existing car attempts to reverse into the traveling lane and is blocked by parked cars, this creates opportunities for car accidents to occur. The following illustration demonstrates this traffic hazard: EXITING CAR VIEW BLOCKED ~ The lack of access space and shortage of parking both contribute and impact traffic conditions. The following table indicates that Broadway is the street with the highest traffic accident occurrence in the city based on the number of accidents per linear foot. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-8 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1 -<3 / TRAFFIC ACCIDENTS 1/ TABLE B-2 SELECT ADDED AREA LOCATIONS Total Total Average Ratio to Accidents Distance FU Accident City (Feet) Citywide 831 856,327 1 030.48 1.00 Streets with Highest # of Accidents Broadway 108 24,728 228.96 4.50 Palomar Street 31 12,176 392.77 2.62 HStreet 90 42,954 477.27 2.16 1/ Traffic accidents reported from July 1,2002 through December 31,2002 Chula Vista Police Department The number of traffic accidents on Broadway is 4.5 times higher than the citywide average. Exhibit B-2 shows the location of the traffic accidents from July 1, 2002 through December 31, 2002. The number of traffic accidents is also concentrated on E Street, between Fourth and Second Avenue as shown in the exhibit. This condition persists in all parts of the Added Area, particularly along Broadway and Third Avenue. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-9 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2-32.. \ '" \, .... ~"\ :;,;;;.,;.. ;.-n"",..;.,,>\ r::I: .......' t'! \ -,\'_ \ .. ,'\....~,' e.- '<, ~ \ .. .;"...., , , , \ \ I L___ j "f I f ro. I' /, \ \ I \ , ~l LEGEND , + Merged Chula Vista Redevelopment Project Area Exhibit B- 2 Traffic Accidents Within the Added Area . dI'IlliAi . Traffic Accidents ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-l0 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -12 -33 Building Code Violations and Deteriorated Structures The number of serious building code violations per parcel in the Added Area is more than nine times higher than the average citywide, according to recent data procured from the City's Code Enforcement Department. More than one out of every five parcels in the Added Area had a code violation cited in 2001. More than 75% of the building code violations in the Added Area are concentrated along the Broadway corridor. W~hin the Added Area, parcels on Broadway alone had 113 of the 139 code violations within the Added Area during 2001. In total, 107 (18%) of the Added Area's 587 parcels had one or more of these code violations during 2001. By contrast, less than 2% of all parcels citywide had a code violation that same year. The density of code violations is attributed to its lack of parking and physical lot constraints that entices property owners to over utilize their property, thereby violating municipal code. According to Teresa Broussard, a Specialist at the City's Code Violation Department, one of the most common violations in the Added Area is building without permit. Attempting to operate a business effectively despite lot size limitations, business owners construct structures illegally knowing that they otherwise would not be approved. These conditions also exist in mobile home parks, where occupants are skirting building codes in an attempt to make their space livable in the face of costly housing prices. Ms. Broussard indicates that the types of code violations found in mobile home parks include building without permit. The conflict between the property owners' desire to improve the buildings and to meet today's building codes is evident from the high concentration of code violations. The number of code violation occurrences in subareas C-12, C-9, A, C-2, C-9, C-10, C, C-11, B-2, and C-7 is greater than 5 times the citywide average based on the number of code violations to the number of parcels. A summary of building code violations is presented in the Table B-3 below. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REOEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-11 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2-31' BUILDING CODE VIOLATIONS 11 TABLE B-3 ADDED AREA Subarea Citywide Average Code Violation Occurrences 1,123 Total Number % of Violations of Parcels to Parcels 47,923 2.34% Ratio to City 1.00 Added Area Statistics Highway 541lnterstate 805 Area 3 60 500% 2.13 (Subareas A-1, A-2) North Third Avenue Area 4 37 10.81% 4.61 (Subareas B-1, B-2) South/Central Third Avenue Area 19 163 11.66% 4.97 (Subareas B, C, C-1, C-2, C-3, C-4, C-6) North/Central Broadway Area 94 276 34.06% 14.53 (Subareas A, C-7, C-8, C-g, C-10, C-11) South Broadway 19 51 37.25% 15.90 (Subareas C-12, C-13) Total Added Area 139 587 23.68% 10.11 11 Building code violations reported for year 2001 Source: Chula Vista Code Enforcement Department Exhibit B-3 presents the location of the code violation occurrence within the Added Area the year 2001, provided by Chula Vista Code Enforcement Department. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-12 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL .-42.-d5 .' - ...... "'C"-' t,-"-;-~_.,,.'~" ~....'~\ \\\ _,"j \ i,\ \;...'-~_\ >- .. ~::''' ... \ .......; ...... , , , \ \ I L__ -, i '" \h \ \ I \ : LEGEND , + Merged Chula Vista Redevelopment Project Area Exhibit B-3 Code Violation Within the Added Area 'E\I';"'" ,,0 <~oo . Code Violation Occurence ROSENOW SPEVACEK GROUP, INC, MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA .8.13. MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /! :L-3~ Structural deterioration is also evident in some portions of the Added Area, according to field inspections conducted by RSG over the past 10 months. The photo survey contained in the Appendix of this Report includes specific examples of buildings in disrepair that pose safety risks to occupants, including buildings on Trousdale Drive and Press Lane, the 200 block of Broadway, the 300 block of Broadway, the 400 block of Broadway, the 1100 block of Broadway, Third Avenue, and Glover Avenue. Common structural problems included weathered and neglected building exterior materials such as siding, roofing, window frames, and other critical structural elements. Prolonged decay of these conditions can lead to a weakening of structural integrity, increased fire susceptibility, weather-induced damage, and wood infestation. Fire Hazards Commercial and mobile home properties in the Added Area lack sufficient space for parking, which forces customers and residents to congest parcels with parked vehicles. This circumstance creates serious safety risks due to impaired access. W~hout proper access, firefighters and emergency equipment cannot fight the fire effectively and waste valuable time when forced to extend the fire hose. For example, a commercial medical office building on Third Avenue had cars parked on both sides of the on site circulation area, limiting the width of the throughway to less than ten feet. According to Jim Geering, the Fire Marshall at the Chula Vista Fire Department, the minimum fire truck circulation width is 20 feet. Thus, parking deficiencies can pose serious safety risks to building occupants when emergency vehicle access is limited. For mobile home parks that were developed decades ago, an increased demand for parking and additional improvements have resulted in shortage of space and sacrifices buffering space between each unit and fire truck access. Trained RSG field surveyors visited each mobile home park in February 2003 and assessed the throughway width between mobile homes. RSG estimates that nearly 75% of the throughways in the Added Area's seven mobile home parks have less than 20 feet width as cars are parked on the side(s) of the street, limiting the width of the access. This condition is found in subareas A, B, C, and C-13. The pictures from the field survey in Appendix A exhibit this condition. The construction material and the distance between the mobile home park units are also more susceptible to the spread of fire. Mr. Geering also indicated that lightweight construction material is more susceptible to fire damage and spread of fire. The closer the structures are located next to each other, the faster the fire will spread. Since the mobile home units were not built with fire rated walls, the units will burn faster than other types of residential units. In some cases, occupants have worsened the fire safety of buildings by using highly flammable material like plywood to make exterior repairs. The combination of the lack of sufficient space for fire truck access, lightweight construction material, and the close proximity of the mobile home park makes the area more vulnerable to fire damage in the event of a fire. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-14 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2-.3 7 Why Redevelopment? Thus far, the efforts of private enterprise and government agencies have been unable to sustain a widespread effort to correct unsafe and unhealthy conditions in the Added Area. The cost to redesign the layout of the buildings in the Added Area is difficult to overcome because it often requires acquisition and redesign of properties in mixed ownership. Property owners do not have the financial power to acquire neighboring sites for expansion purposes especially when retail commercial lease rates on Broadway and Third Avenue are 43% below the city average retail rents, suggesting that there is insufficient revenue set aside for capital improvements or an incentive to undertake a small scale redevelopment effort in the face of depreciated market values. By expanding the Plan's authority to the Added Area, the Agency would have many tools to repair or redevelop unsafe and unhealthy conditions in the Added Area. For example, the Agency could also work with property owners to create shared parking areas where feasible, or redevelop blighted properties. The Agency could also research and identify traffic accident hot spots and invest in capital improvement projects that will decrease traffic problems such as adding signals or signage. Factors Preventing Economically Viable Use According to the Law, factors such as a lack of parking, inadequate size, and substandard design can be an indication of blight in a project area if such conditions prevent or substantially hinder the economically viable use of buildings or lots. Based on RSG's field survey and other studies conducted by the City, the Added Area contains many parcels that have serious parking and design problems that significantly hinder their economically viable use. The Added Area consists mainly of retail and commercial land uses, many of which lack off street parking and are difficult to access from the busy streets, especially along Broadway, Third Avenue, and Trousdale Drive. RSG estimates that over 50% of the parcels have insufficient lot size and/or setback to support onsite parking and rely on street parking. This condition is evident in subareas A, A-1, B, C, C-12, and C-13. The lack of setbacks constrains the expandability of the building, pedestrian improvements, and other infrastructure improvements. When parking is not readily available, potential customers are forced to spend more time locating a space, creating inconvenience and loss of sales. Generally, consumers look at convenience as an attribute when deciding if he/she will shop there. W~h the emergence of large retail centers with accessible parking in other parts of the City, retail shops on Broadway and Third Avenue cannot compete effectively in the City. Most of the lots within the Added Area cannot accommodate contemporary retail development without first consolidating ownership of existing parcels. According to the Dollars and Cents of Shopping Center (2002), the median building size of the smallest anchored tenant was 17,640 square feet. Taking into account space for onsite parking and other setbacks, this translates into a minimum lot size of 0.81 ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - B-15 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -4 2... - .3 J? acres. The median size of commercial lots within the Added Area is 0.31 acres, approximately 38% of the lot requirement for an anchor tenant. In fact, the overwhelming majority of the Added Area's commercial lots (79%) do not meet this minimum standard. Consequently, without incentives to consolidate ownership and create larger parcels of contiguous ownership, the Added Area stagnates and provides only a limited range of retail needs. As described later in this Report, the limited range of retail in the Added Area is disproportionately shifted towards liquor stores and bars that further undermine the character of the Added Area as a retail destination. Broadway The majority of the buildings on Broadway were constructed around 1969, thus prior to today's retail standards. Therefore, many of the buildings' layouts do not accommodate for parking or traffic access. As Broadway evolved into a prominent retail corridor, many of the buildings became retail use to accommodate the demand despite the fact that many of the lots have no or little front setback for parking and ingress/egress. However, with the population growth in the city, parking demand spilled over onto and overcrowded the streets. The reliance on street parking and the lack of onsite parking continues to be problematic. Street parking alone cannot sustain the continuous growth of the city. In 2000, the City performed a survey of Broadway's parking condition. As Table B-4 indicates, approximately 50% of the sites rated either fair or poor, indicating lack of available parking on Broadway. BROADWAY PARKING CONDITIONS TABLE B-4 ADDED AREA Subarea A C-7 C-8 C-10 Total Total Rated Parcels 243 8 2 13 266 Parking Availability Rating Good Fair/Poor 187 56 3 5 1 1 7 6 198 68 Percent Fair/Poor 23.0% 62.5% 50.0% 46.2% 25.6% Source: Broadway Revitalization Study, City of Chula Vista A parcel is rated fair when the property lacks on-site/off-site parking for business type; parking lots that are not adequately landscaped or maintained; parking lots that are beginning to deteriorate (asphalt) while poor rating represents no on-onsite parking and relies only on street parking. Exhibit B-4 displays the parcels that were rated either fair or poor. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-16 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -"12.. -6 , >-\- k~ ~ ~"'\, /< ,,/ "\ , ? \ ....j .... , I , \ , I L.___ LEGEND _ Parcels Rated Fair or Poor for Parking " + Merged Chula Vista Redevelopment Project Area Exhibit B-4 Broadway Parking Condition Survey Map ':>!~ "'imi" <1Iill~ ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-17 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -11.. - ~o The median lot size within the Added Area on Broadway is 0.31 acres and including the building, limits the available size for property owner to add parking to its business. Many owners have attempted to add parking on its front setback to accommodate for parking demand, but the lengths of the setbacks are so short that cars are parked on parts of the sidewalk and/or less than three feet from the entrance of the building. The lack of buffer between the automobile and building is a safety hazard because there is no buffer between the car and the building or people patronizing the store. When cars are parked partially on the sidewalks, the sidewalks are blocked and pedestrians are forced to share right of way with automobiles. Consequently, this creates a high volume of traffic accidents. As shown in Table B-2 earlier in this section, Broadway has the highest number of car accidents in the City. Third Avenue Commercial properties on Third Avenue also suffer from inadequate parking areas. At least 19 (25%) of the 75 of the parcels on Third Avenue were noted during the survey for insufficient parking, as evidenced by cars double-parked (blocking another car), parking in unmarked areas, parking on sidewalks, or blocked or constrained ingress/egress. For example, the medical center on Third Avenue had cars parked on both sides of the on site circulation area, limiting the width of the throughway to less than ten feet. As previously mentioned, the Fire Department has determined that throughways of at least 20 feet are needed for emergency vehicle access. Thus, parking deficiencies can pose serious safety risks to building occupants when emergency vehicle access is limited. The insufficient designated parking areas impact the economic well being of the businesses by creating inconvenience for customers. For example, a business on 690 Block of Third Avenue had approximately 32 feet total from the front of the parking space to the wall of another building. According to Architectural GraphiC Standards, the ideal distance is 42 feet for a passenger vehicle to park and reverse to exit. During the survey, RSG noted that customers would have to reverse at least three times to maneuver the vehicle to exit. Trousdale Drive This street mainly consists of auto repair shops and other industrial facilities. During the survey, cars occupied both sides of Trousdale Drive and its neighboring streets, and little space was available on many properties for onsite parking and truck deliveries. Cars were also parked on pedestrian walkways or blocked other cars, signaling the lack of sufficient onsite parking. Sidewalks and pedestrian crosswalks were also nonexistent in many areas, which create a safety hazard as cars are sharing the same right-of-way as pedestrians. Why Redevelopment? As previously mentioned, the private sector alone cannot eliminate the blighting conditions due to its extraordinary costs. The common problem on Broadway and Third Avenue is insufficient lot acreage that limits onsite parking and traffic circulation space. According to recent development costs of similar projects, the construction ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-18 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2- 7'1 costs of surface or subterranean parking range from $5,000 to $20,000 per space, demanding on the type of construction. Even if a properly owner was able to acquire and clear nearby parcels, the paving and construction costs are expensive and infeasible. Industrial business owners cannot charge its customers for parking and cannot generate higher rental income by providing parking on a limited basis because the surrounding properties have a more direct influence on lease rates. Through the tools of redevelopment, the Agency can implement programs to provide incentives to ensure that future development in the Added Area provides sufficient parking and loading area. In areas such as Trousdale Drive where sidewalks are incomplete, the Agency could invest in sidewalk projects that would provide safer pedestrian areas. Incompatible Uses Incompatible uses in the Added Area were identified during the field survey and subsequently analyzed to ascertain the extent that incompatibilities hindered the economic development of the area. Based on field observations, some of which are specifically documented in the photo survey in the Appendix of this Report, incompatible uses were evident on 21 different Added Area streets, including the following: 1) Anita Street 2) Broadway 3) Casselman Street 4) Manor Drive 5) E Street 6) Garrett Avenue 7) H Street 8) I Street 9) J Street 10) Jefferson 11) K Street 12) Madison Avenue 13) Mankato Street 14) Mcintosh Street ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA . B-19 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -1-- 2.. - 12... 15) Oaklawn Avenue 16) Quintard Street 17) Roosevelt Street 18) Second Street 19) Third Avenue 20) Vance Street 21) Woodlawn Avenue Within the Added Area, incompatible uses occur between commercial uses and adjacent residential mobile home park properties in subareas A, B, B-1, and C. Land use incompatibilities in these areas stem from growth in west Chula Vista that has increased the intensity of traffic and development in these areas. Lots in these areas are undersized, so properties lot coverage is typically higher in these areas, which reduces setbacks and space for parking and buffers to adjacent residential uses. Because these lots were not subdivided to accommodate this type of development, conflicts between remaining residential uses occurred. Table B-5 lists the number of incompatible uses within the affected subareas. Overall, 82.2% of the residential use parcels within these four subareas were located next and/or adjacent to parcels of industrial and commercial use. INCOMPATIBLE USES TABLE B-5 ADDED AREA Subarea A B B-1 C Total Number of Residential Use Parcels 11 27 3 4 45 Number of Incompatible Use 8 25 1 3 37 % of Incompatible Use to Parcels 72.7% 92.6% 33.3% 75.0% 82.2% Source: RSG field Survey The conflict from residential use locating on a retail corridor (Broadway and Third Avenue) is evident among the mobile home parks. In one instance, an automobile parts store was built so close to a mobile home park that the exterior walls of the buildings nearly touch each another. An example of this condition is shown in the photo survey in the Appendix to this Report. Exhibit B-5 locates the parcels with incompatible use. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-20 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -1- 2. -1"..3 \ , " \ , ~ ,,-", , I , \ \ I L_.... LEGEND _ Incompatible Use + Merged Chula Vista Redevelopment Pn~eet Area Exhibit 8-5 Incompatible Use within the Added Area ",'Jk i!. ROSENOW SPEVACEK GROUP, INC, MARCH g, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-21 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /J 2.. - ~.y Other land use incompatibilities exist between small Added Area commercial properties and adjacent residential areas. Added Area properties generally abut existing single-family neighborhoods, and lack proper buffers between the residential uses. These land use patterns create additional conflicts between Added Area and adjacent properties that affect property values. According to a local residential real estate agent, Lupita Lopez of Century 21 All Real Estate, financing to purchase a home that is adjacent to a non-residential lot is more difficult as lenders are more reluctant to lend money to those types of properties. In addition, homes that are adjacent to Added Area commercial or industrial properties have lower values than similar homes that are in areas further from these negative influences. Residential units neighboring a commercial use also experience nuisance such as noise, traffic, and fumes, which impacts quality of life and property values. Table 8-6 presents an analysis of single-family residential home sales for the 12- month period of October 2002 through September 2003. The analysis concluded that properties closer to the Added Area sold for 18% less than homes in the City, and 11 % less than comparable homes in the same zip code over this time period. HOME SALES PRICES NEAREST ADDED AREA TABLE B-6 MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA Sales Median Difference Price from City Average 200' from Added Area 21 $ 300,000 -18% 300' from Added Area 35 320,000 -11% Chula Vista (Zip 91910) 646 372,000 5% Chula Vista (Zip 91911) 610 335,000 -6% City of Chula Vista (All Zip Codes) 1,256 354,000 0% Note: Comparison based on all home sales in Zip Codes 91910 and 91911 from August 2002 through September 2003 Source: Metroscan and DataQuick Real Estate News Why Redevelopment? Despite the fact that mobile home uses conflict with surrounding commercial uses, property owners have little incentive to independently redevelop their parks consistent with the General Plan because commercial uses permitted in the area do not command market rents as compared to the greater Chura Vista market area. Thus, providing economic assistance to property owners is one way in which the Agency can facilitate redevelopment of these incompatible uses. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-22 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A -2.. -?Is- The Agency would be required to set aside at least 20% of its annual tax increment revenues from the Added Area, which can be used by the Agency to increase the supply of affordable housing, and therefore, offer more housing alternatives to lower income residents of the Added Area, while relieving the pressure on residents to live among incompatible uses. The Agency could also address land use incompatibilities by installing buffers (such as such as walls or landscaping) to reduce nuisances between existing developed properties and encourage development of more compatible developments in the future that mitigate future land use conflicts. vacant and Abandoned Buildings The Added Area contains several vacant or abandoned buildings, some of which have remained unoccupied for years despite the relative affordability of Added Area commercial rents. Table B-7 presents a list of the vacant and abandoned buildings in the Added Area based on field observations. VACANT AND ABANDONED BUILDINGS TABLE B-7 ADDED AREA Vacant Buildings 110 Broadway 600 E Street 600 E Street 470 Broadway 390 Broadway 600 Broadway 530 Anita Street Abandoned Buildings 200 Broadway 380 Broadway 1400 Bay Street 900 Third Avenue 950 Third Avenue 650 Third Avenue 360 E Street 1/ The location of the parcels are approximate address, since some of the parcels do not have street address. One block may be listed twice for having more than one parcel qualify in that category Source: Metroscan and RSG Survey Abandoned buildings in the Added Area are also targets for criminal activities like trespassing and vandalism. For example, the buildings on Industrial Boulevard between Moss Street and Naples Street are vacant with rusting roof, patched walls, boarded and broken windows, and showing other signs of deterioration. The deterioration signals a lack of interest for the property and is an easy target for trespassers and vandalism. The building is covered in graffiti on the exterior walls and the equipment on the roof. Most of the windows on the buildings are shattered, which poses a safety threat to trespassers. Specific examples of these conditions throughout the Added Area are contained in the photo survey in the Appendix to this Report. Abandoned buildings are also a safety hazard to trespassers. For example, the 950 Block of Third Avenue contains two abandoned buildings, of which one suffers from ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-23 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2. - 1(" serious fire damage and the other one shows signs of deterioration. The structure with the fire damage contains graffiti, which suggests trespassers' presence even though the property is fenced in. The portion of the roof has collapsed and foundation is missing in some areas, which questions the structural integrity of the building. Neglected, abandoned and vacant buildings are not only a problem for the affected parcels, but impair investment and create problems for surrounding properties as well. The "broken window syndrome" is evident in areas where neglected buildings exist. Cited in many safe neighborhood programs, this phenomenon establishes that neglected properties (including those with just one broken window) are more likely to attract further vandalism and vagrancy as perpetrators target neighborhoods where property owners appear to be less concemed about what occurs in these areas. These physical conditions create an environment that appears to be in disorder, raises fears, and demoralizes the community, while undermining commerce. It is indeed evident that even though not every building in the Added Area is abandoned, their presence is seen in terms of higher crimes, a limited appeal of the area and devalued properties. Why Redevelopment? According to Glen Googins of the City Attomey's office, the City cannot compel property owners to occupy vacant buildings, and often has limited means to enforce its codes on vandalism with disinterested or absentee landlords. When property owners are unable or unwilling to maintain their buildings and keep them occupied, the Agency could use the Plan's tools to provide assistance to these owners when appropriate. In addition, the Agency could work as a conduit between prospective tenants and the real estate community to help expedite absorption of vacant space. In other instances, the Plan permits the Agency to acquire properties, including eminent domain acquisition, as a means to remove these blighting conditions and nuisance properties from the Added Area. Low Lease Rates Based on leasing activities reported in the San Diego Daily Transcript for the latter part of 2002, Added Area retail properties face dramatically lower lease rates as compared to other retail properties in Chula Vista. The average retail lease rate within the Added Area is $1.32, approximately 35% lower than other properties in west Chula Vista, and 43% lower than the city average (not including the existing constituent areas). Coincidently, the highest rental rate within the Added Area is $1.80, which is the same as the lowest rental rate of other parts of the City, as shown in the following table. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-24 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2 - ~l RETAIL LEASE RATES ANALYSIS 1/ TABLE B-B ADDED AREA VERSUS CITY Location Address Lease Date Rent/SF Added Area Properties 111 Broadway 12/17/02 $ 1.77 1177 Broadway 11/14/02 1.32 1172 Third Avenue 9/5/02 1.32 45 N. Broadway 9/5/02 1.80 1172 Third Avenue 7/22/02 1.09 1655 Broadway 5/17/02 0.99 347 East H Street 4/1B/02 1.29 1261 Third Avenue 4/2102 0.99 Average $ 1.32 Other West Chula Vista Properties 303 H Street 10/25/02 1.80 1172 Third Avenue 9/5/02 2.25 Average $ 2.03 Elsewhere in Chula Vista /2 601 E. Palomar Street 1/7/03 $ 2.38 601 E. Palomar Street 1/7/03 2.30 601 E. Palomar Street 1/7/03 2.54 563 Telegraph Canyon 9/10/02 2.02 561 Telegraph Canyon 8/13/02 2.21 347 E. H Street 4/18/02 3.06 Average $ 2.42 1/ Lease survey includes the most recent eight leases under 5,000 sq. ft. in each category 2/lnclude areas within the City that are not part of the Constituent Areas Source: San Diego Daily Transcript According to Tracy Clark of Voit Commercial Brokerage, the lower lease rates among retail properties in the Added Area are primarily due to the shallow and small configuration of existing lots that are under mixed ownership, which prevents the development of contemporary shopping centers that feature more accessible parking areas and anchor tenants to attract a diverse customer base. Generally, contemporary retail centers with anchored tenants have higher customer draw power due to their brand recognition and retail synergy, therefore justifying charging market rents. As stated earlier, approximately 79% of the Added Area parcels do not meet the minimum lot size necessary to be redeveloped into a contemporary retail use that can command better tenants, parking and rents. Michael Cullen of Walsh Financial Commercial brokerage also suggested that the lower rents in the Added Area are a result of the crime problems evident in the area, and speculated that redevelopment of the Added Area could counteract criminal ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8.25 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL "'" 2 - is! activities, and thereby trigger more businesses to move into the area and increase patronage of Added Area retail properties. These changes could positively affect lease rates in the Added Area. As shown in Table 8-9 below, depressed retail lease rates impair the private sector to invest in Added Area properties. Table 8-9 presents a real estate construction pro forma using typical real estate market conditions in the Added Area, including lease rates, undersized parcels and other factors. These economic conditions create a major disincentive for the private sector to redevelop their properties because the rents in the Added Area market area are not high enough for an investor to realize a retum on their construction costs. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-26 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1. -J/'j ADDED AREA HYPOTHETICAL RETAIL DEVELOPMENT PRO FORMA TABLE B-9 Key Assumptions Lot Area (Acres) FAR Improvement Size Lease Rate (NNN)/SF/MO Loan Amount Total Per Bldg/SF 1 43,560 sl 0.25 10,890 $1.32 80% LTV 1,283,387 118 Income Pro forma Gross Potential Income Vacancy and Collections Loss 7.00% 172,498 12,075 Gross Effective Income 160,423 Operating Expenses Property Management Reserves NNN Charges Total Operating Expenses (Excluding NNN charges) 5.00% 2.00% 3.00% 8,021 3,208 4,813 16,042 144,381 Net Operating Income Capitalization Rate Property Value 9% $ 1,604,234 $ Cost Pro forma Acquisition Costs 1/ 55 ISF 2,395,809 Hard Costs Demolition Cost Shell Construction Tenant Improvements Site Work Off Site Total Hard Costs 5 ISF $55.00 ISF $10.00 ISF $3.50 ISF 217,801 598,952 108,900 152,461 50,000 $ 1,128,114 $ Soft Costs Architectural and Engineering Permits and Fees School Fees Broker Fees Interest Loan Points Legal and Accountin9 Contingency Development/Management Total Soft Costs 5.00% 01 hard cost $4.00 ISF $2.10 ISF $3.00 ISF 56,406 43,560 22,869 32,670 69,303 19,251 50,000 56,406 56,406 406,870 $ 1.50% 5.00% of hard cost 5.00% 01 hard cost $ Total Costs Target Profits 10.00% of Cost $ 3,930,794 $ 393,079 $ 2,719,639 $ Required GAP Assistance 11 Acquisition price anticipates buying improved property (improved with a building) Source: Metroscan, RSG 16 1 15 1 o o 13 147 220 20 55 10 14 5 104 5 4 2 3 6 2 5 5 5 37 361 36 250 Table 8-9 demonstrates these problems based on a small-scale prototype development in the Added Area, using construction costs from RSG's experience in the market area. The major development cost involves acquisition of developed properties under mixed ownership. Unlike purchasing vacant land, potential ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-27 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL --12-50 developers must also purchase existing nonconforming buildings on Added Area properties. Given the high density and lot coverage among many Added Area parcels (as shown by the lack of parking) developers are facing the economic challenge of purchasing properties with existing structures that are two to three times larger than what can be built at today's development standards. There is simply not enough rent-based project value for the private sector to offset these extraordinary costs. In the example used in Table B-9, a small one-acre retail development could require a subsidy of more than $2.7 million-close to two times more than the value of the project based on current rental rates. Increasing the rent rates to cover this gap is not feasible, since redeveloping one of 494 acres in the Added Area would not trigger an increase in Added Area lease rates overall; rents in the market area have a significant influence on the rents that can be charged at specifiC projects. Based on these difficult redevelopment economics, it is not surprising that there has been little change to the Added Area. Why Redevelopment? The lack of private investment in the Added Area has created a disadvantaged and deteriorated retail corridor. Through redevelopment, the Agency could place investment in areas where private investment does not exist. In addition, the Agency could engage in capital improvement projects by proving designated parking areas and fund a Storefront Renovation Program that provides rebates to merchants and property owners who make improvements to the exterior of their building. These improvements would assist the commercial stores in the Added Area to become more attractive and competitive. Excess of Business'9!! Catering Exclusively to Adults Relative to the City, the Added Area contains high concentrations of businesses that cater exclusively to adults. According to the Yellow Pages, the Added Area contains 32 bars and 25 liquor stores, all of which occur in much higher concentrations per square mile than the rest of the City. The number of bars per square mile is nearly 43 times higher than the rest of the City; the number of liquor stores per square mile is also high at 26 times the City average, as shown in Table B-10 below. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-28 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL 42.-:5/ BUSINESSES CATERED TO ADULTS TABLE B-10 ADDED AREA Area (sq. mil Liquor Stores # of Liquor Stores # of Liquor Stores per sq. mi # of Liquor Stores Ratio to City Bars # of Bars # of Bars per sq. mi # of Bars Ratio to City City of Chula Vista 51.18 Added Area 0.77 25 0.49 10 12.95 26.50 32 0.63 21 27.19 43.48 Source: Yellow Pages Because the majority of the Added Area consists of small lots that adjoin residential neighborhoods, the high number of these establishments that cater exclusively to adults impacts many residents. Consequently, social and economic problems arise. According to Sergeant David Eisenberg with the Chula Vista Police Department, the Added Area is "awash in alcohol" and he estimates that many of the patrons are not local residents. Proliferation of these businesses is often an unfortunate consequence of lower income areas, according to Sergeant Eisenberg, and perpetuates the criminal and economic problems in the Added Area. According to the City's Police Department data for 2002, reported crimes nearby these properties are higher than the City average and contribute to the fact that the Added Area has higher crime rates than the rest of the City. Evidence of the deviant behavior that surrounds these adults-only businesses is exemplified by comparing the location of the police "hot spots" where they receive the highest portion of their 911 calls. The high percentage of adu~ businesses in the area and the subsequent increase in crime that is associated with these types of businesses pose serious problems for public safety and welfare. Table B-11 shows that the crime rate with 200 feet of Added Area bars and liquor stores is more than 16 times higher than the City crime rate and double the crime rate in the entire Added Area. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-29 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /12..-51. CRIME RATES NEAR BARS/LIQUOR STORES TABLE B-11 ADDED AREA City of Chula Vista Added Area Within 200 Feet of Added Area Bars and Liquor Stores Total Crimes 7,180 943 Area (Acre) 32,572 494 Crimes Per Acre 0.22 1.91 Ratio to City 1.00 8.65 222 60 3.70 16.79 1/ Part 1 and Part 2 crime reported from July 1, 2002 through December 31,2002 Source: Chula Vista Police Department Why Redevelopment? Redevelopment of the Added Area can address the proliferation of liquor stores and bars in many ways. For example, the Plan enables the Agency to use tax increment financing to partner with local investment on redevelopment projects. Increased public and private sector investment in the Added Area would indirectly create a more desirable location over time. Consequently, a wider range of retail and service businesses would consider locating in the Added Area and eventually counteract the proliferation of marginal and detrimental businesses. High Crime Rates RSG analyzed Chula Vista Police Department crime reports from July through December 2002 for the entire City and the Added Area. Based on this data and interviews with Police Department officials, it is clear that the Added Area faces severe crime problems. High crime rates are a burden on the City because they generate calls for service and demand a disproportionate level of attention by the Police Department. According to data on all reported crimes provided by the Police Department, crime rates in the Added Area accounts for more than 8 times greater than the citywide average on a square mile basis as shown on Table B-12. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 5-30 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -4'L-5d CRIME RATES 11 TABLE B-12 ADDED AREA AND SELECT LOCATIONS Total Area Crimes Ratio to Crimes (Acre) Per Acre City City of Chula Vista 7,180 32,572 0.22 1.00 A 535 113 4.72 21.40 C-7 18 3 5.29 24.02 8 97 66 1.46 6.64 C 55 55 1.01 4.57 C-9 1 2 0.66 3.00 8-2 8 12 0.66 2.98 C-13 8 24 0.34 1.53 A-1 11 33 0.33 1.51 8-1 2 6 0.32 1.47 C-12 21 74 0.28 1.29 Entire Added Area 943 494 1.91 8.65 11 Part 1 and Part 2 crime reported from July 1, 2002 through December 31, 2002 Source: Chula Vista Police Department The types of crimes reported in the Added Area during this period include possession of illegal substance, robbery, assault, domestic violence, burglary, theft, and vandalism. Sergeant David Eisenberg with the Police Department provided a detailed description of the nature of criminal activity in the Added Area. According to Sergeant Eisenberg, properties along Broadway and Third Avenue are highly impacted with crimes, in large part because the general area is surrounded by high concentrations of parolees, sex crime registrants, and narcotics registrants. Approximately 1,100 of these individuals reside in Chula Vista, and Sergeant Eisenberg estimates that the vast majority resides in and around the Added Area. Added Area businesses and residents are also affected by the presence of two long- standing gangs, including the Otay and Barrio Chula Vista, who target Added Area properties and patrons. These gangs and other criminals also engage heavily in narcotics activity that occurs along these corridors in the Added Area, and the Police Department has found some businesses in the Added Area that operate as "fronts" for illicit activities. Why Redevelopment? The Plan can be either directly or indirectly effective in improving public safety by targeting specific "hot spots" to improve housing management, increasing property owner attention and maintenance, and removing abandoned and neglected buildings. The Agency can also help develop community facilities that serve the needs of the ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 6-31 - MERGED CHULA VISTA REOEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2-5"'~ Added Area and greater west Chula Vista area to provide more after school activities as positive option to gangs and narcotics. Properties Included for Redevelopment Purposes Conditions of blight predominate throughout the Added Area. If and to the extent that certain properties are not individually blighted, their inclusion in the Added Area is necessary for the following reasons and redevelopment purposes: (1) in order to effectively plan and carry out redevelopment of the entire Added Area; (2) because such properties are impacted by the conditions existing on adjacent properties, and correction of such conditions may require the imposition of design, development or use requirements on the standard properties in the event they are rehabilitated or redeveloped by their owners; (3) to impose uniform requirements over a geographically defined and identified area of the City; (4) because such properties will share in the physical and economic benefits that will accrue to the area through the elimination of substandard conditions, including the replacement or provision of new public improvements and facilities within or serving the Added Area; and (5) because such properties are part of a blighted area. E~tive Planning and Implemelltation of the Project The development potential of certain sites within the Added Area may be limited or infeasible because of the need for additional space, vehicular access, parking, setback requirements, and other similar planning factors. These limitations may be reduced or eliminated when adjacent properties are included in a proposed development site. In some instances, however, the adjacent properties may not evidence individual blighting conditions, but their inclusion in the Added Area is necessary in order to effectively plan and carry out redevelopment of the entire Added Area. Impact of Concitions on Adjacent Properties On occasion, a standard building or group of buildings can be adversely impacted by the blighting conditions existing on adjacent properties and the correction or alleviation of these conditions may involve analyzing and treating the blighted and standard properties as a whole. Imposition of Uniform Requiremellts over Geographically Defined Area It is good planning and economically sensible to impose uniform development and use provisions on all properties within a geographically definable area; it also conforms to the common notion of fair play. Properties Share in the Benefits of Redevelopment A very strong inducement to property owner cooperation in the redevelopment process is the potential of substantial public involvement in the form of public ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-32 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL --+ 2. - S~ improvements. If the condition precedent to obtaining such public improvements is for property owners to cooperate with the redevelopment agency in the rehabilitation, development, maintenance and use of their properties, then it is equitable that all properties sharing the public benefit from such improvements should be required to conform to the same conditions. P\~es are Part of a Blighted Area As reported, there are many physical and economic blighting conditions in the Added Area, the incidences of which vary from block to block, but when the sum effect is examined the combined impact characterizes the area as blighted. The success of the different programs and public improvements proposed is dependent on the inclusion of all properties that are an integral part of the whole Added Area. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REOEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-33 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2 -5"~ Photo Survey ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 8-34 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /f-2 -5 7- Unsafe and Unhealthy Buildings The following photographs depict examples of unsafe or unhealthy conditions among Added Area parcels. These conditions are evident throughout the Added Area, due to dilapidation, substandard building materials, inadequate setbacks and poor lot design. Photo 1: 200 block of Broadway. The distance between the mobile home units is less than the 20 feet required by the Fire Department when cars are parked on both sides. This condition can hamper emergency vehicle access into parts of the mobile home park. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE crrv OF CHULA VISTA B-36 MERGED CHULA VISTA REDEVELOPMENT PROJEGr REPORT TO THE CITY COUNCIL At-s-i Photo 2: 200 block of Broadway. The auto repair shop operators park their cars on the street or on the edge of the property line due to the lack of proper setbacks and off street parking. Vehicles must reverse out onto the street to leave the repair shop, but are often blindsided by parked cars on the street, blocking the views of passing vehicles. Broadway has a high accident rate due to the presence of these unsafe conditions. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE crry OF CHULA VISTA B-37 MERGED CHULA VISTA REDEVELOPMENT PRDJEcr REPORT TO THE CITY COUNCIL r1-2--~7 Photo 3: 300 block of Broadway. The windows on one side of the residential unit of this mobile home unit are completely boarded up. The Fire Department has stated that because mobile homes are generally constructed of lightweight materials, they are more susceptible to fire damage. This unit's plywood exterior is particularly vulnerable to fire damage. Photo 4: 400 block of Broadway. This residential unit suffers from serious deterioration to an exterior wall, with the wood siding peeling and coming apart. Part of the window frame is also deteriorating. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE crry OF CHULA VISTA B-38 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL ,1-1 -60 Photo 5: 1100 block of Broadway. The commercial building exhibits signs of deterioration to the fa9ade, roof, and exterior wall material. The framing support for the roof is exposed and unprotected, which is susceptible to water damage and dry rot. Photo 6: 100 N. Glover Avenue. The buildings on this lot are dilapidated and in need of repairs to the doors, windows, walls, and roofing material. The lot is also over parked. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE Cm' OF CHULA VISTA 8-39 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL 41-.-~/ Photo 7: 700 block of Third A venue. This residential unit suffers from deterioration to the roof to such an extent that a plastic sheet is used as a protection against rain. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-40 MERGED CHULA VISTA REDEVELOPMENT PROJEGr REPORT TO THE CITY COUNCIL /f ~ -(,2... Photo 8: gOO block of Third Avenue. The structure in the foreground is abandoned and completely boarded up. The building displays serious deterioration to the roof, exterior wall material, and foundation. The structure to the rear suffers from fire damage with large portions of the building burnt. Graffiti can also be seen, suggesting trespassing onto this unsafe and unhealthy property. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-41 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A 1- -fp..3 Photo g: Trousdale Drive at Press Lane. This structure behind the building to the right has fire damage (part of the exterior wali material and framing are burned). ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-42 MERGED CHULA VISTA REDEVELOPMENT PROJECf REPORT TO THE CITY COUNCIL A ;2..-'- ~ Factors That Prevent or Substantially Hinder Viable Use The following photos exhibit examples of factors that prevent or substantially hinder the viable use of buildings or lots, taken from the field survey in February 2003. RSG estimates that over 50% of the properties on Broadway, Third Avenue, and Trousdale Drive suffer from this blighting condition. Photo 10: Broadway at Mcintosh Street. The front setbacks of the buildings are so limited that cars are forced to park on the edge of the property line and on the sidewalk at times. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REOEVELOPMENT AGENCY OF THE crry OF CHULA VISTA 8-43 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A- 1- -~ S- Photo 11: 100 block of Broadway. This lot does not have sufficient parking as parked cars are blocking ingress/egress to the property. Photo 12: 400 block of Broadway. Most of the retail sites on Broadway have little or no setbacks, lacking onsite parking and relying solely on a limited amount of street parking, which not only creates a parking shortage as shown in the photo, but also hinders pedestrian and vehicle visibility. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE crry OF CHULA VISTA B-44 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL -4.1..-~r; Photo 13: 400 block of Broadway. Most of the mobile home park residents park their cars on both sides of the streets, limiting adequate space for traffic circulation and emergency vehicles to enter in the event of a fire. Photo 14: 600 block of Broadway. The parking of this repair shop is limited as cars are stacked next to each other, limiting the access of other vehicles. Note that a portion of the sidewalk is used for parking. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-45 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL At-C.?- Photo 15: 600 block of Broadway. Another set of retail stores that have no setback to each other or front setback to accommodate for onsite parking. The parking on the street serving these retail stores is also completely full. Photo 16: 800 block of Broadway. The lack of proper front setback creates a pedestrian danger when cars reverse to exit the store. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-46 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A :L-c. r' Photo 17: 300 block of E Street. This auto body shop use does not have sufficient parking for its inventory, so it parks the cars on the driveway blocking the ingress/egress to the property. Photo 18: First Avenue and C Street. The front setback of the site is so small that when a truck (as shown above) is parked, a third of the truck is on the sidewalk. Note the lack of space between the car and the front of the building. ROSENOW SPEVACEK GROUP, INC. MARCH g, 2004 REDEVELOPMENT AGENCY OF THE crry OF CHULA VISTA 8-47 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A1..-'7 Photo 19: 500 block of H Street. The retail strip in the photo above has no onsite parking, as the front setbacks of these buildings are approximately five feet from the sidewalks. Photo 20: 600 block of E. Manor Drive. The parking lot of this retail store is completely full. However, as the car (on the right) reverses to exit, the car crosses part of the pedestrian walkway and presents a threat to pedestrians. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-48 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A '2. -70 Photo 21: 1400 block of Orange Avenue. Lack of loading/unloading areas create a problem, where delivery trucks are forced to unload in the parking lot impeding vehicular movement within the site and limiting emergency vehicles ability to access buildings in the event of a fire. Photo 22: 200 Palomar Street. The steep slope of this property is challenging for cars to enter and exit the site. This restaurant also only provides four to five parking spaces. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-49 MERGED CHULA VISTA REDEVELOPMENT PROJECf REPORT TO THE CITY COUNCIL -42..- 7/ Photo 23: 200 block of Quintard Street. This furniture store uses the limited amount of on site parking for loading and unloading. When properties lack onsite parking and space for deliveries, customers and business operators are inconvenienced and local brokers indicate an associated detrimental affect on property values. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE crry OF CHULA VISTA 8-50 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A 1- -12.. Photo 24: 200 block of Quintard Street. Sidewalks, curbs and gutters are lacking on the south side of Quintard Street creating a safety hazard as cars are sharing the same right- of-way as pedestrians. The lack of curbs and gutters contribute to drainage problems in the event of rains. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REOEVELOPMENT AGENCY OF THE crrv OF CHULA VISTA 8-51 MERGEO CHULA VISTA REOEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A 2. -73 Photo 25: 600 block of Third Avenue. This lot not only lacks sufficient parking to support the commercial uses but also forces customers to reverse into oncoming traffic in order to exit from the property, presenting a threat to on-coming traffic and pedestrians. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-52 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A 2-71 Photo 26: 700 block of Third Avenue. The parking lot of this site is poorly configured requiring autos to back into the pedestrian right of way and into heavy traffic in order to exit, presenting a threat not only to oncoming traffic but pedestrians as well. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-53 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL /J 1. - 75" Photo 27: 700 block of Third Avenue. This buiiding was originally built for residential purposes but has since then been converted to a commercial use. Therefore the space exhibits inadequate parking and limited vehicular access required for commercial usage. These conditions also translate to a reduction in the economic well-being of the business and limits the highest and the best use of the property. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-54 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL /1 2 - 7(.. Photo 28: gOO Third Avenue. Due to the physic811imitation of the site and lack of proper setbacks, people are forced to parallel park their cars or park on the side setback as shown in the photo above. Photo 29: 900 block of Third Avenue. Cars from the adjoining commercial property are parked on this vacant land, as the commercial use does not have enough parking to accommodate the vehicles. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA B-55 MERGED CHULA VISTA REDEVELOPMENT PROJECf REPORT TO THE CITY COUNCIL A 2 -71 Photo 30: 1400 block of Third Avenue. This commercial store uses the limited amount of onsite parking for loading and unloading purposes. This inconveniences customers and business operators, which relates to detrimental affect on property values as indicated ~ local brokers. Photo 31: 300 block of Trousdale Drive. This lot lacks sufficient parking to support the commercial uses. The white vehicle on the left side of the photo is parked on part of the pedestrian right-of-way. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-56 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL -4 'L-75f Photo 32: 300 block of Trousdale Drive. Sidewalks are lacking on the south side of Trousdale Drive creating a safety hazard as cars are sharing the same right-of-way as pedestrians. Cars are also parked on pedestrian walkways. Photo 33: 300 block of Trousdale Drive. The trailer above is being stored in the public and pedestrian right of way indicating that the commercial center lacks sufficient parking and/or storage space. The trailer also creates a safety hazard for pedestrians and vehicular traffic. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-57 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL -1 2- 7'1 Incompatible Use As mentioned in Section B of the Report, many of the residential units are located next to and/or directly across from auto repair shops, gas gations, or on busy commercial streets, subjecting the sensitive residential uses to nuisances and impairing property values. Photo 34: Broadway at Casselman Street. A home is located next to an auto repair shop where excess auto parts are stored adjacent to the home's perimeter fence. The noise, fumes, and undesirable sight of the repair shop are a nuisance to the residents. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-58 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL r}2.- ro Photo 35: Broadway at Flower Street. The vacant residential unit shares a driveway with the neighboring auto repair shop. The house is located on a heavy retail concentrated street with a lack of buffers for noise and traffic. Photo 36: 200 block of Palomar Street. The residential unit is surrounded by a regional strip center. A chain link fence provides virtually no buffer between the commerciai use and the residence. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-59 MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /ft.-'i! Photo 37: 400 of Broadway. The wall of the auto parts shop adjoins a mobile park home. This portion of Broadway has one of the Hghest rates of traffic accidents and code violations in Chula Vista. Photo 38: 400 Block of Woodlawn Avenue. The residential unit on the left is situated next to a gas station where traffic and gasoline fumes are a nuisance. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8.60 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A 2.-fr1. Abnonnally High Business Vacancies and Abandoned Buildings The Added Area has an abundance of business vacancies and abandoned buildings, with a concEJ1tration in areas mentioned in Section B of the Report. The following photos exhibit some of the vacant and/or abandoned buildings. Photo 39: Broadway and Naples Street. The building is vacant and abandoned, and covered in graffiti. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-61 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL -"1 2.- '13 Photo 40: Broadway and Palomar Street. The industrial building next to the railroad tracks is vacant. The building is also deteriorating, as it remains vacant. Some of the windows are also boarded up. Photo 41: 100 block of Broadway. This building is abandoned and does not have the proper setbacks, sufficient lot size, or design for modern retail operation. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-62 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL ~ 2-'1 i Photo 42: 100 block of Broadway. The retail store is vacant. Photo 43: 200 block of Broadway. The former gas station is abandoned and vacant with the windows and doors completely boarded up. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-63 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A- 2-&') Photo 44: 300 block of Broadway. The building in the middle is completely boarded up with deterioration to the roof and framing. Graffiti can also be seen on the abandoned building. Photo 45: 300 block of Broadway. The building is vacant and blocked by the masonry wall, limiting its street visibility, essential for retail operation. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-64 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A 1.- gr, Photo 46: 400 block of Broadway. Another vacant retail store. The Winston Tires business has relocated to a larger site elsewhere. Photo 47: 400 block of Broadway, The building above is vacant and a target for graffiti. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-65 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL "1..-'17 Photo 48: 1100 block of Broadway. The retail center next to Costco is vacant and is a target for graffiti. Photo 49: 600 E Street. The retail store is vacant with parts of signs on the ground. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-66 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL 41-811 Photo 50: 700 E Street. The former gas station is vacant. Photo 51: Glover Avenue and E Street. The vacant retail store is completely boarded up. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-67 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL .4 2. -1 i Photo 52: Third Avenue and Glover Avenue. This building is marked with graffiti and part of it is boarded up. The building is also tucked away in the back of the lot and lacks street visibility. Photo 53: 600 block of Third Avenue. Another vacant building with graffiti. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-BB MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL .4 2 -10 Photo 54: 1000 block of Third Avenue. The vacant building has no windows for retail operation. The building is also covered in graffiti. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-69 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL ~ 1,- 'J! High Crime Rates Photo 55: Broadway and H Street. Another site covered in graffiti. Photo 56: 500 block of H Street. Graffiti marking in a residential neighborhood. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA B-70 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL -42-'12- Photo 57: 3300 Main Street. Another site covered in graffiti. Photo 58: 200 block of Quintard Street. Another building with graffiti. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 8-71 MERGED CHULA VISTA REDEVELOPMENT PROJECf REPORT TO THE CITY COUNCIL A- 2.. - 9.3 Photo 59: gOO block of Third Avenue. Abandoned building with boarded up windows with graffiti. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 6-72 MERGED CHULA VISTA REDEVELOPMENT PROJEcr REPORT TO THE CITY COUNCIL A2.-'11 Section Five-Year Implementation Plan This Section presents the Five-Year Implementation Plan ("Implementation Plan") for the proposed Added Area. If the Amendment were adopted by the City Council, this Implementation Plan would guide the Agency as it implements specific redevelopment projects in the Added Area. If the Amendment is adopted, this Implementation Plan will be in place for the next five years (fiscal years 2004-05 through 2008-00. Midway after its adoption, the Agency must seek community input, and review and update this Implementation Plan. The existing implementation plans adopted in the year 2000 for the existing Town Centre II, Otay Valley, and Southwest constituent areas are not affected by this Amendment. Those implementation plans are incorporated herein by reference. The Implementation Plan presented below thus addresses the Added Area constituent area of the Merged Project Area. The Agency anticipates consolidating the separate implementation plans into a new merged Implementation Plan during fiscal year 2004-05. This Implementation Plan is prepared pursuant to Sections 33352 and 33490 of the Law. Since 1994, every redevelopment agency is required to prepare an implementation plan that outlines the projects and expenditures the agency will undertake to address blight in a redevelopment project area. Implementation plans are initially formulated and subsequently updated through a legally mandated process that incorporates extensive public input. The purpose is to inject more public input into the programs a redevelopment agency implements to address blight in a redevelopment project area. Pursuant to Sections 33352(c) and 33490 of the Law, this Implementation Plan presents the following: . The major goals and objectives of the Agency for the Project Area. . The programs, projects, and estimated expenditures planned for the next five years. · An explanation of how the programs, projects and expenditures will achieve the goals of the Agency and eliminate blight in the Added Area. . An explanation of how the programs, projects, and expenditures will implement the affordable housing requirements of the Law and will increase, improve, and preserve the supply of housing affordable to very low, low, and moderate income households. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /12- -'IS- Plan Goals and Objectives Section 400 of the proposed amended and restated Redevelopment Plan delineates the Agency's redevelopment goals and objectives for the Added Area. These goals and objectives, which are listed below, were employed to formulate the overall strategy for this Implementation Plan and will serve as a guide for the Agency's activities during the next five years. Section 400 states the goals and objectives as follows: . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. . Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. . Stimulate investment of the private sector in the full development of the Project Area. . Promote pUblic improvement facilities, which are sensitive to the unique environment qualities of the Project Area. . Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. . Encourage cooperation and participation of property owners, businesspersons, public agencies and community organizations in the revitalization of the Project Area. . Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. . Expand the resource of developable land by making underutilized land available for development. . Renovate and restore sites characterized by deficiencies including, but without limitations, conditions of soil, which render private development infeasible or impractical. . Achieve an environment reflecting a high level of concem for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. . Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and piecemeal planning practices ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2- -1" · Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. Blighting Conditions The Added Area has been to address conditions of physical and economic blight. Sections 33030 and 33031 of the Law define physical and economic blight as: Physical blight includes the following: . Buildings in which it is unsafe or unhea~hy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. · Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. · Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area. · The existence of subdivided lots of irregular fonn and shape and inadequate size for proper usefulness and development that are in multiple ownership. Economic blight includes the following: . Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of Agency authority. . Abnonnally high business vacancies, abnonnally low lease rates, high tumover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. · A lack of necessary commercial facilities that are nonnally found in neighborhoods, including grocery stores, drug stores, and banks and other lending insmutions. . Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare. . A high crime rate that constitutes a serious threat to the public safety and welfare. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL .42....-1'1 The Law also provides that deficient public improvements may be identified as a blighting condition under circumstances including the presence of physical and economic blight. The Agency's goals and objectives and the programs and projects presented in this Implementation Plan are designed to alleviate and/or eliminate blight in the Added Area, as described in Section B of the Agency's Report to the City Council on the Amendment. In general, they include the following: 1) Unsafe/Unhealthy Buildings; 2) Factors Preventing Economically Viable Use; 3) Incompatible Uses; 4) Abandoned Buildings and Excess Vacant Lots/Low Lease Rates; 5) Excess of Businesses Catering Exclusively to Adults; and 6) High Crime Rates. Financial Resources The following presents a projection of revenues the Agency may have available over the next five years to fund the Implementation Plan activities. The projections are based on the financial analysis included in Section E of the Agency's Report to the City Council. The projections are based on the following assumptions: 1) 2003-04 Base Year Value for Added Area: Assuming the Agency adopts the Amendment as scheduled this Spring, the Added Area would receive tax increment revenue beginning in December 2005 based upon the incremental growth in assessed values above the 2003-04 base year value. On February 4, 2004, the County Auditor Controller provided the Agency a base year report indicating that the 2003-04 local secured and unsecured values for the Added Area totaled $433,932,779. On January 29, 2004, the State Board of Equalization reported to the Agency that the Added Area had no non unitary utility value in 2003-04. The base year values of the preexisting constituent areas of the Project Area are unaffected by the Amendment. 2) Assessed Value Growth Rates: RSG conservatively applied a 3% annual growth rate to secured assessed values, and no increase on unsecured or utility assessed values. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-4 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -42- -1<1 Table E-1 of the Agency's Report to the City Council presents the annual projected gross tax increment receipts, low and moderate housing set-aside requirement, statutory payments to affected taxing entities, and the remaining net revenues allocated to non-housing projects. Over the five years of the Implementation Plan (fiscal years 2004-05 through 2008-09), the Agency anticipates the Added Area itself could generate approximately $345,255 in housing fund revenue and $1,035,766 in non-housing fund revenue. Five-Year Programs and Expenditures During the five-year planning period, the Agency anticipates initiating several planning and implementation activities, contingent upon the availability of tax increment revenues. These activities, including the goals to be accomplished, blighting conditions targeted, and estimated expenditures, are described below. Commercial Revitalization and Economic Development The Agency will expand utilization of existing community development and redevelopment projects into the Added Area, such as its commercial rehabilitation program and entertaining site-specific redevelopment proposals from property owners and developers. Agency Goals and Objectives to be Achieved . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with the Redevelopment Plan and future Annual Work Programs. . Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. . Stimulate investment of the private sector in the full development of the Project Area. . Encourage cooperation and participation of property owners, businesspersons, public agencies and community organizations in the revitalization of the Project Area. . Expand the resource of developable land by making underutilized land available for development. . Renovate and restore sites characterized by deficiencies including, but without limitations, conditions of soil, which render private development infeasible or impractical. . Achieve an environment reflecting a high level of concem for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-5 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A- L - 9' . Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and piecemeal planning practices Blighting Conditions Alleviated or Removed by Program . Unsafe/Unhealthy Buildings; . Factors Preventing Economically Viable Use; . Incompatible Uses; . Abandoned Buildings and Excess Vacant Lots/Low Lease Rates; . Excess of Businesses Catering Exclusively to Adults; and . High Crime Rates. Estimated Expenditures: $500,000 Public Infrastructure and Facility Projects Provided that the Project Area has the resources available, the Agency may assist construction of public improvements in and around the Project Area. The Agency is in the process of prioritizing these improvements for the Added Area, and in consultation with the Added Area Project Area Committee, will begin implementation of needed improvements during the five-year planning period. Agency Goals and Objectives to be Achieved . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. . Stimulate investment of the private sector in the full development of the Project Area. . Promote public improvement facilities, which are sensitive to the unique environment qualities of the Project Area. . Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. . Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-B - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A L-ltJO Blighting Conditions Alleviated or Removed by Program . Factors Preventing Economically Viable Use Estimated Expenditures: $500,000 AfI"ordabIe Housing P1og1am During the first five years of the Implementation Plan, the Agency proposes to invest Added Area Housing Funds into existing citywide housing programs, since the majority of the Added Area is not zoned for residential use. Prior to adopting the Redevelopment Plan, the City Council and Agency will consider resolutions finding that such housing funds may be used outside the Added Area. Agency Goals and Objectives to be Achieved · Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. . Stimulate investment of the private sector in the full development of the Project Area. · Encourage cooperation and participation of property owners, businesspersons, public agencies and community organizations in the revitalization of the Project Area. . Achieve an environment reflecting a high level of concem for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. · Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. · Discourage "spot zoning" and piecemeal planning practices . Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. Blighting Conditions Alleviated or Removed by Program . Unsafe/Unhealthy Buildings . Incompatible Uses Estimated Expenditures: $350,000 ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-? - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /1L -/~I Affordable Housing Compliance Plan The provisions of Section 33413(b)(4) of the Law require the Agency to adopt and periodically update a plan to ensure compliance with the existing criteria of Section 33413 of the Law regarding the affordability mix of new or rehabilitated housing units ("Housing Compliance Plan"). This Housing Compliance Plan must be consistent with the jurisdiction's housing element and must also be reviewed and, if necessary, amended at least every five (5) years with either the housing element cycle or the implementation plan cycle. The Housing Compliance Plan is included within the Implementation Plan as the housing component. The following narrative addresses provisions of Section 33490(a)(2) (A) and (B) of the Law: 1. The amount of tax increment revenue that will be deposited in the Low and Moderate Income Housing Fund during each of the next five and ten years. Based on the projections contained in Table E-1 of the Agency's Report to the City Council, the Agency anticipates that the Housing Fund deposits from the Added Area could total $345,255 over the next 5 years, and $1,400,045 over the next 10 years. 2. Estimates of the number of new, rehabilitated, or price-restricted units to be assisted during each of the five years and estimates of the expenditures of moneys from the Low and Moderate Income Housing Fund during each of the five years and during the next ten years. Because the Added Area contains no vacant residentially zoned property, the Agency does not expect that any residential units may be developed in the Added Area during the next five years. During the next five years, the Agency projects that approximately $$345,255 could be available to spend on housing programs over the over the next 5 years, and $1,400,045 over the next 10 years; the annual forecast for these revenues is contained on Table E-1 of the Agency's Report to the City Council. 3. An estimate of the number of new; substantially rehabilitated or price-restricted residential units to be developed or purchased within the Project Area, over the next five years, ten years and 30 year duration of the Redevelopment Plan. Though no formal residential development plans have been submitted to the City, it is conceivable that residential uses could be developed in the Added Area in a manner consistent with the General Plan long term. Though none of these potential residential uses are anticipated to be developed in the next ten years, for the purposes of this Compliance Plan, the Agency has assumed that up to 200 housing units could be developed over the 3D-year duration of the Redevelopment Plan. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-8 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL t4 L -/0';" 4. An estimate of the number of units of very low, low- and moderate-income households required to be developed within the Project Area in order to meet the requirements of Section 33413(b)(2) of the Law, over the next five years, next ten years, and over the 30 year duration of the Redevelopment Plan. Assuming that 200 units are developed over the life of the Redevelopment Plan, a minimum of 15% of the units developed would need to be affordable (30 units). Of these affordable units, at least 12 units (40%) would need to be reserved for very low-income households, pursuant to Section 33413(b)(2) of the Law. Although the Agency does not anticipate that these units will be developed within the next ten years, it is possible that these units could be created during the 30- year duration of the Redevelopment Plan. 5. The number of units of very low, low-, and moderate-income households which have been developed within the Project Area which meet the requirements of Section 33413(b)(2) of the Law. This requirement only takes effect once the Amendment is adopted, and not applicable at this time. 6. An estimate of the number of Agency-developed residential units which will be developed during the next five years, if any, which will be governed by Section 33413(b)( 1) of the Law. The Agency itself does not anticipate developing or rehabilitating any residential units in the Added Area during the next five years. 7. An estimate of the number of units for very low, low-, and moderate-income households in the Added Area which will be developed by the Agency during the next five years to meet/he requirements of Section 33413(b)(1) of the Law. The Agency does not anticipate developing any residential units during the next five years. Therefore, the requirements of this section do not apply at this time. The following discussion contains the required components pursuant to Section 33490(a)(3) of the Law: Pursuant to Section 33490(a)(3) of the Law, if the Implementation Plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to Section 33413(a) of the Law, the Implementation Plan shall identify proposed locations suitable for those replacement dwelling units. The Agency does not anticipate any such destruction or removal of dwelling units in the period covered by the above implementation plan. In the event, however, that displacement of Added Area housing occurs, the Agency will provide replacement dwelling units in compliance with the requirements of Section 33413(a) of the Law. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - C-g - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL I'1L -/03 Means to Accomplish Requirements The Agency intends to use revenue in the Low and Moderate Income Housing Fund and any other appropriate funds available to the Agency under the amended and restated Redevelopment Plan, including, but not limited to, the Department of Housing and Urban Development funds. Where available, low-income housing tax credits and tax exempt financing mechanisms may also be used by the Agency. Policies and programs such as providing affordable housing incentives for developers, permitting manufactured housing, and inclusionary housing programs will be explored by the Agency. The Agency may also provide rehabilitation loans and grants. Housing Element Compliance The Amended and Restated Redevelopment Plan and the foregoing Implementation Plan, including the Housing Compliance Plan portion of the Implementation Plan, conform to the City General Plan and Housing Element. This housing portion of the Implementation Plan including the Housing Compliance Plan component, like the Housing Element in the City's General Plan, focuses on providing suitable housing for City residents including lower income households and has been prepared according to guidelines established in the programs and goals outlined in the Housing Element of the General Plan. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - Col0 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A-L -/Of An Explanation of Why the Elimination of Blight in the Added Area Cannot be Accomplished by Private Enterprise Acti~ Alone or Through Other Financing Alternatives Other Than Tax Increment Financing Section B of this Report described the precarious condition of the real estate market in the Added Area that discourages a wide scale redevelopment effort initiated by property owners. The majority of the Added Area (nearly 3/4 of all parcels) is commercially zoned properties that are smaller than the minimum lot requirements for by today's development standards according to the retail commercial development guide the Dollars and Sense of Shopping Centers. The small lot sizes of these properties, coupled with the fact that virtually all of them are developed create a difficult challenge for future redevelopment efforts in the Added Area. That is, to acquire multiple small parcels under different ownership that are developed in most cases with more building area than what would be built today. Because property owners expect to be compensated for more than just the value of the land, future redevelopers must contend with potentially extraordinary costs of redevelopment involving purchasing both the land and existing buildings, even though those structures do not meet today's standards. Table B-9 in Section B presented a hypothetical retail development pro forma for a small retail redevelopment project, developed at market standards (lot size of 1 acre and 25% lot coverage. Aside from acquis~ion costs, the cost to construct a building of approximately 10,890 square feet on this parcel would run approximately $1.535 million, or approximately $150 per square foot. Acquisition costs for the site are extraordinary, however, because a prospective redeveloper would need to purchase both land and improvements, which are likely to be at or near the cost of developing the new building. For example, based on actual commercial property sales in the Added Area over the past 12 months, the average price of acquiring improved property in the Added Area is $110 per building square foot. When adding this cost to the amount of the cost to develop a new building on the property pushes the cost near $260 per square foot, before developer's profits. RSG's experience with these types of small-scale retail development projects throughout Southern California leads us to expect a minimum developer profit of 10%, or $26 per square foot. Consequently, the total cost to acquire, develop and make a reasonable profit on Added Area property is approximately $286 per building square foot. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - D-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A-L-/OS' In an area where the average retail lease rate is approximately 43% lower than the City average, recouping these high costs is nearly impossible. The hypothetical pro fonna on Table 8-9 indicated that at a reasonable capitalization rate of 9%, the net operating income (assuming average Added Area rental income of $1.32 per square foot per month, less vacancy/collection losses, property management, reserves, and other typical rental charges) for a 10,890 square foot retail property in the Added Area would yield a building value of approximately $147 per square foot. Under nonnal development conditions, the building value should equal or exceed the cost of redevelopment in order for the private sector to have an incentive to do the project. In the case of the Added Area, however, there is a substantial disincentive to redevelop as this analysis demonstrates. The building value is nearly half of the costs of acquisition, construction and profit ($147 per square foot versus $286 per square foot), and there would be a shortfall of approximately $139 per square foot. Given the relatively stagnant nature of the Added Area, where little redevelopment has taken place over the past several decades, it is evident that little can be done by the private sector without economic subsidies for these type of necessary redevelopment projects. For example, if the private sector cut in half the profrt expectations, this would only reduce the development shortfall by less than 10% (down to approximately $134 per square foot). Also, it is infeasible to consider that a private sector investor would take on the risk to develop property at a lower profit than what could be realized in other parts of the City. Moreover, increasing rents to recoup the $147 per square foot development shortfall is also unlikely, because rent levels are greatly influenced by location and the type, use, and condition of surrounding properties. The Added Area is approximately 494 acres in size, and simply redeveloping 1 of the 494 acres would not likely result in a material change in average Added Area lease rates, because all of the remaining parcels in that area would be unaffected by the improvement of one parcel. Also, increasing the rents by more than 180%, from $1.32 to $3.70 per square foot (the amount needed to offset the entire gap between value and cost) is infeasible, because this would place Added Area rents higher than rents found anywhere else in the C~y, and not be marketable given the local factors cited above. Even a more modest scale private sector-initiated redevelopment program in the Added Area involving rehabilitation of existing buildings is not an effective means to redevelop the Added Area. Aside from the economic reality of not being able to make a significant change to the rental structure of the Added Area which precludes property owners from investing in their properties, these type of smaller scale redevelopment efforts do not address major Added Area issues such as a lack of parking and ons~e circulation, or design deficiencies of properties overbuilt with commercial buildings. Consequently, redevelopment and specifically tax increment financing will be needed to remove the blighting conditions in the Added Area. These unique tools provide the Agency the ability to more comprehensively redevelop the Added Area to achieve higher real estate market values, subsidize the redevelopment of quality retail and ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - D-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -4L-IO~ other commercial projects, and generally undertake the type of large-scale revitalization effort in the Added Area. Tax increment financing is an attractive option to both the Agency and the private sector, because it is one of the few means to obtain a dedicated funding source for a redevelopment effort the size that need in the Added Area without adding additional costs to property owners that otherwise cannot afford these costs. While there are other means to raise public funds without tax increment financing, these techniques would ultimately result in higher taxes or increased development costs, both of which are counterproductive to resolving the unique issues in the Added Area. For example, creating an assessment district could finance certain public improvements, but the property owners would probably not support creation of the district because many cannot afford the cost of additional taxes (two-thirds of the voters must approve formation of such a district). ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 0-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL rl'L ~/O} Method of Financing and Economic Feasibility of the Plan The Agency anticipates that redevelopment of the Added Area would be financed by the following resources: 1) Financial assistance from the City, County, State of California and/or Federal Government; 2) Tax increment revenue; 3) Bonded debt; 4) Proceeds from lease or sale of Agency-owned property; 5) Loans from private financial institutions; and 6) Any other legally available source. The more typical sources of redevelopment financing that may be employed with the Added Area are described below. Financial Assistance from the City, County, State, and/or the Federal Government The Agency may obtain loans and advances from the City for planning, construction, and operating capital for administration until such time that sufficient tax increment revenue is raised to repay loans and provide other means of operating capital. The City may also defer payments on Agency loans for land purchases, benefrting the Agency's cash flow. Such assistance is anticipated to be employed to meet short- term cash flow needs, as the City's General Fund cannot carry extensive levels of Agency debt at the risk of threatening the City's own cash balances. As available, other funds such as state-apportioned road funds and federal Community Development Block Grants will be appropriately used to pay the costs of Project implementation. The Agency and City will also pursue other available grants and loans; additionally, the City or other public agencies may issue bonds on behalf of the Agency and provide in-kind assistance. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2- -lOr Property Tax Increment The Agency may use property tax increment as provided for in Section 33670 of the Law, and is authorized in the Plan to employ tax increment financing to underwrite project costs. Tax increment revenue may only be used to pay indebtedness incurred by the Agency; indebtedness includes principal and interest on loans, monies advanced, or debts (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, redevelopment activities. Indebtedness may be incurred within time limits prescribed by the Plan. The Amendment does not a~er any time limits to incur debt for the preexisting constttuent areas of the Project Area (Town Centre II Original, Town Centre II Amendment, Otay Valley, Southwest Original, and Southwest Amendment. In fact, such time limits to incur debt applicable to the Town Centre II, (Original and Amended), Otay Valley, and Southwest, were eliminated pursuant to the S8211 amendments referred to earlier in this Report). As for the Added Area, the Agency may incur debt for a period of 20 years following adoption of the Amendment. Project Area tax increment revenues are statutorily required to meet specific statutory obligations, as well as discretionary projects. As required by the Law, not less than 20% of the annual gross tax increment revenue is set aside into the Agency's affordable housing fund for the purposes of increasing, improving, and preserving the community's supply of low and moderate-income housing. The remaining 80% of the tax increment revenue will be used to pay for taxing entity obligations (pursuant to fiscal mitigation agreements as applicable to the preexisting constituent areas of the Project Area, and separately, statutory taxing agency payments required by Section 33607.5 of the Law), debt service costs, and other program expenditures. Program expenditures include commercial favade programs, infrastructure, capital facility, and economic development programs throughout the Project Area. Tax increment revenue may be collected for a period of 45 years following adoption of the Amendment within the Added Area, and for a shorter time period for the various preexisting constituent areas of the Project Area. In addition, these preexisting constituent areas of the Project Area are also subject to a limit on the amount of tax increment revenue the Agency may collect; these tax increment limits remain unchanged by the Amendment. The chart below summarizes the various time and financial limits in the Plan affecting the collection of tax increment revenue: ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A '2- -II) i Constituent Area Time Limit to Time Limit to Cumulative Tax Incur Debt Collect Tax Increment Increment Revenue Limit Revenue (As Applicable) Otay Valley None 12129/2034 $115,000,000 No Time Limit Town Centre II Original None 8/15/2029 No Time Limit $100,000,000 Town Centre II Amended None No Time limit 7/19/2039 Southwest Original None 11/27/2041 No Time limit $150,000,000 ' Southwest Amended None 7/9/2042 No Time Limit Proposed Added Area 20 Years Following 45 Years Following Adoption of Adoption of Not Applicable 2 Amendment Amendment 1/ Adjusted annually by the consumers' price index. 21 No tax increment revenue limit required for amendments to Project Areas after January 1, 1994. Note: Time limits to incur debt for all but the Added Area were rescinded sUbsequently by the City Council in January 2004 pursuant to Section 33333.6 of the Law. Bonded Debt Under the Plan, the Agency would have a capacity to issue bonds and/or notes for any of its purposes, payable in whole or in part from tax increment revenue. Many redevelopment agencies in the state employ bond financing as an integral component of their overall redevelopment-financing program. The Amended and Restated Plan permits the Agency the ability to incur such bonded debt, and contains a $175 million limit on the amount of bonded debt principal which may be outstanding at anyone time. This limit is not a change from the limit currently applicable to the Merged Chula Vista Redevelopment Project. Lease or Sale of Agency-Owned Property The Agency may sell, lease, or otherwise encumber its property holdings to pay the costs of project implementation. Participation in Development If the Agency enters into agreements with property owners, tenants, and/or other developers that provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay project implementation costs. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ..-12.. - /10 other Available Sources Any other loans, grants, or financial assistance from the federal govemment, or any other public or private source will be utilized, as available and appropriate. The Agency will also consider use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Law to provide construction funds for appropriate projects. Where feasible and appropriate, the Agency may use assessment district and/or Mello-Roos bond financing to pay for the costs of public infrastructure, facilities, and operations. Projected Tax Increment Revenues The primary source of project financing is anticipated to be tax increment revenue. This Report contains a preliminary forecast of tax increment revenues from the Project Area, based on several assumptions noted below: Note: Because the Amendment does not affect the financial limits of the existing Otay Valley, Town Centre II, and Southwest constituent areas, this section only analyzes the tax increment revenues associated with the Added Area. 3) 2003-04 Base Year Value for Added Area: Assuming the Agency adopts the Amendment as scheduled this Spring, the Added Area would receive tax increment revenue beginning in December 2005 based upon the incremental growth in assessed values above the 2003-04 base year value. On February 4, 2004, the County Auditor Controller provided the Agency a base year report indicating that the 2003-04 local secured and unsecured values for the Added Area totaled $433,932,779. On January 29, 2004, the State Board of Equalization reported to the Agency that the Added Area had no nonunitary utility value in 2003-04. The base year values of the preexisting constituent areas of the Project Area are unaffected by the Amendment. 4) Assessed Value Growth Rates: RSG conservatively applied a 3% annual growth rate to secured assessed values, and no increase on unsecured or utility assessed values. If the Amendment were adopted, the Agency would collect gross tax increment revenue from the Added Area pursuant to Section 33670 of the Redevelopment Law for a 45-year period. The Law requires that the Agency deposit 20% of this gross tax increment revenue into the Agency's housing fund. In addition, the Agency would be required to share a portion of its nonhousing fund revenues with the affected taxing agencies pursuant to Sections 33607.5 of the Redevelopment Law ("Taxing Agency Payments"). These Taxing Agency Payments would start in the first fiscal year the Agency would receive tax increment revenue from the Added Area (assumed to be fiscal year 2005-06), and continue through fiscal year 2048-49. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-4 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /! 2. ~ "I According to Section 33607.5 of the Law, beginning in the first payment year, the Taxing Agency Payments are equal to 25% of the Added Area's annual nonhousing tax increment revenue. These Taxing Agency Payments are subject to two subsequent increases. The first increase in Taxing Agency Payments would take effect in the eleventh payment year, when the Agency would be required to pay 21% of the incremental increase in non housing tax increment revenues exceeding amounts in the tenth payment year. The Law further provides for a second increase in the Taxing Agency Payments that commences in the thirty-first payment year of 14% of the incremental increase in non housing tax increment revenues in excess of the thirtieth year. In total, the Agency will share approximately 34% of its gross tax increment revenues with the affected taxing agencies. Each taxing agency is entitled to their respective share of the Taxing Agency Payments. All agencies receive their share of the Statutory Payments, except for the City of Chula Vista, which, by Section 33607.5 of the Law, is only entitled to its share of the first 25% of the Taxing Agency Payments. The following is a list of affected taxing agencies in the Added Area, according to the County's base year report: 1) City of Chula Vista 2) San Diego County General Fund 3) Chula Vista Elementary School District 4) National City Elementary School District 5) Sweetwater Union High School District 6) Southwestem Community College District 7) San Diego County Superintendent of Schools 8) County Water Authority 9) Metropolitan Water District The actual amount of the Taxing Agency Payments will vary based on the amount of tax increment revenues collected by the Agency each year. A forecast of Taxing Agency Payments has been included on Table E-1. Should actual tax increment revenues exceed or fall below these projections, actual Taxing Agency Payments would be higher or lower. Between fiscal year 2005-06 and 2048-49, RSG estimates that the Added Area could generate approximately $199 million in gross tax increment revenue. After deducting the Taxing Agency Payments described above, approximately $92 million would be deposited to the Agency's nonhousing fund for redevelopment projects, and another $40 million could be deposited into the Agency's housing fund for affordable housing projects. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-5 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL 111-1/1. These projected Added Area revenues would augment Project Area revenues from the existing constituent areas and be available to fund projects throughout the Project Area. TAX INCREMENT REVENUE PROJECTIONS TABLE E-1 ADDED AREA Year Projected Assessed Values Incremental Gross Tax Housing Payments Net Secured Unsecuredl Total Value Increment Fund to Taxing Nonhousing Utility Revenue Agencies Revenue 3.0% 0.0% BASE 393,758,665 40,174,114 433,932,779 2004-05 405,571,425 40,174,114 445,745,539 11,812,760 2005-06 417,738,568 40,174,114 457,912,682 23,979,903 239,799 47,960 47.960 143.879 2006-07 430,270,725 40,174,114 470,444,839 36,512,060 365,121 73,024 73,024 219,072 2007-08 443,178.846 40,174,114 483,352,960 49,420,181 494,202 98,840 98,840 296,521 2008-09 456,474,212 40,174,114 496,648,326 62.715,547 627,155 125,431 125,431 376,293 2009-10 470,168,438 40,174,114 510,342,552 76,409,773 764,098 152,820 152,820 458,459 2010-11 484,273,491 40,174,114 524,447,605 90,514,826 905,148 181,030 181,030 543,089 2011-12 498,801,696 40,174,114 538,975,810 105,043,031 1,050,430 210,086 210,086 630,258 2012-13 513,765,747 40,174,114 553,939,861 120,007,082 1,200,071 240,014 240,014 720,042 2013-14 529,178,719 40,174,114 569,352,833 135,420,054 1,354,201 270,840 270,840 812,520 2014-15 545,054,081 40,174,114 585,228,195 151,295,416 1,512,954 302,591 302,591 907,772 2015-16 561,405,703 40,174,114 601,579,817 167,647,038 1,676,470 335,294 362,765 978,412 2016-17 578,247,875 40,174,114 618,421,989 184,489,210 1,844,892 368,978 424,744 1,051,170 2017-18 595,595,311 40,174,114 635,769,425 201,836,646 2,018,366 403,673 488,583 1,126,111 2018-19 613,463,170 40,174,114 653,637,284 219,704,505 2,197,045 439,409 554,336 1,203,300 2019-20 631,867,065 40,174,114 672,041,179 238,108,400 2,381,084 476,217 622,063 1,282,805 2020-21 650,823,077 40,174,114 690,997,191 257,064,412 2,570,644 514,129 691,821 1,364,695 2021-22 670,347,769 40,174,114 710,521,883 276,589,104 2,765,891 553,178 763,672 1,449,041 2022-23 690,458,203 40,174,114 730,632,317 296,699,538 2,966,995 593,399 837,678 1,535,918 2023-24 711,171,949 40,174,114 751,346,063 317,413,284 3,174,133 634,827 913,905 1,625,402 2024-25 732,507,107 40,174,114 772,681,221 338,748,442 3,387,484 677,497 992,418 1,717,570 2025-26 754,482,320 40,174,114 794,656,434 360,723,655 3,607,237 721,447 1,073,287 1,812,502 2026-27 777,116,790 40,174,114 817,290,904 383,358,125 3,833,581 766,716 1,156,582 1,910,283 2027-28 800,430,294 40,174,114 840,604,408 406,671,629 4,066,716 813,343 1,242,375 2,010,998 2028-29 824,443,202 40,174,114 864,617,316 430,684,537 4,306,845 861,369 1,330,743 2,114,734 2029-30 849,176,498 40,174,114 889,350,612 455,417,833 4,554,178 910,836 1,421,761 2,221,581 2030-31 874,651,793 40,174,114 914,825,907 480,893,128 4,808,931 961,786 1,515,510 2,331,635 2031-32 900,891,347 40,174,114 941,065,461 507,132,682 5,071,327 1,014,265 1,612,072 2,444,989 2032-33 927,918,088 40,174,114 968,092,202 534,159,423 5,341,594 1,068,319 1,711,530 2,561,745 2033-34 955,755,630 40,174,114 995,929,744 561,996,965 5,619,970 1,123,994 1,813,973 2,682,003 2034-35 984,428,299 40,174,114 1,024,602,413 590,669,634 5,906,696 1,181,339 1,919,488 2,805,869 2035.36 1,013,961,148 40,174,114 1,054,135,262 620,202,483 6,202,025 1,240,405 2,061,246 2,900,374 2036-37 1,044,379,983 40,174,114 1,084,554,097 650,621,318 6,506,213 1,301,243 2,207,256 2,997,715 2037-38 1,075,711,382 40,174,114 1,115,885,496 681,952,717 6,819,527 1,363,905 2,357,647 3,097,975 2038-39 1,107,982,724 40,174,114 1,148,156,838 714,224,059 7,142,241 1,428,448 2,512,549 3,201,243 2039-40 1,141,222,205 40,174,114 1,181,396,319 747,463,540 7,474,635 1,494,927 2,672,099 3,307,610 2040-41 1,175,458,871 40,174,114 1,215,632,985 781,700,206 7,817,002 1,563,400 2,836,435 3,417,167 2041-42 1,210,722,638 40,174,114 1,250,896,752 816,963,973 8,169,640 1,633,928 3,005,701 3,530,011 2042-43 1,247,044,317 40,174,114 1,287,218,431 853,285,652 8,532,857 1,706,571 3,180,045 3,646,240 2043-44 1,284,455,646 40,174,114 1,324,629,760 890,696,981 8,906,970 1,781,394 3,359,619 3,765,957 2044-45 1,322,989,316 40,174,114 1,363,163,430 929,230,651 9,292,307 1,858,461 3,544,581 3,889,264 2045-46 1,362,678,995 40,174,114 1,402,853,109 968,920,330 9,689,203 1,937,841 3,735,091 4,016,271 2046-47 1,403,559,365 40,174,114 1,443,733,479 1,009,800,700 10,098,007 2,019,601 3,931,317 4,147,089 2047-48 1,445,666,146 40,174,114 1,485,840,260 1,051,907,481 10,519,075 2,103,815 4,133,430 4,281,830 2048-49 1,489,036,130 40,174,114 1,529,210,244 1,095,277,465 10,952,775 2,190,555 4,341,606 4,420,614 Total 198,735,736 39,747,147 67,030,560 91,958,029 Net Present Value (at 6% Discount Rate) 39,303,784 7,860,757 11,852,289 19,590,738 ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-6 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /"1--2-j13 ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - E-? - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2..-L/ r The Method of Relocation Section I. Purpose and Intent This Method of Relocation ("Method") sets forth the general policies of the Redevelopment Agency of the City of Chula Vista ("Agency") that will guide the Agency if an Agency project causes any family, individual, business, or non-profit local community institution to be displaced. This document should be considered as only a general plan. As recommended in an October 1982 State Department of Housing and Community Development study entitled "A Study of Relocation and Housing Development in Califomia Redevelopment Agencies," a comprehensive and detailed plan need not be developed until relocation is imminent. At that time, a more specific analysis will be prepared, pursuant to Section 6038 of Title 25 of the Califomia Code of Regulations. Section II. Statutory Requirements As part of the Califomia Community Redevelopment Law, Health & Safety Code Section 33000 et sea. ("Law"), Health and Safety Code Section 33411 requires the Agency to prepare a feasible method or plan for relocation. In addition, Section 33352(f) requires that the Agency to include in its Report to the City Council a method or plan of relocation, which is defined in Section 33352(f) as: "A method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area, which method or plan shall include the provision required by Section 33411.1 of the Law that no persons or families of low- or moderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacements." The foregoing provision and the requirements thereof are incorporated into this Method of Relocation and made a part hereof. Section III. Analysis It should be noted at the outset that the Agency does not currently contemplate any relocation of any specific households or businesses. Furthermore, relocation will only be required by the Agency if it is reasonably necessary to affect an Agency project. ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - F-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1-- liS- The Agency would not commence any relocation until it has firm commitments from public or private funding sources that sufficient resources will be available to effect relocation consistent with applicable law if any such relocation is necessary for the Agency project being proposed. The Agency has established this Method for relocation of persons, families, businesses, and community organizations to be displaced in connection with an Agency project. This adopted Agency relocation Method is consistent with Sections 33411, 33352(f), and Section 33367(d) (7) of the Law, all of which require that redevelopment agencies have a feasible relocation method or plan if the Agency's plans for redevelopment are to resu~ in the displacement of any occupants of housing or businesses in an Agency redevelopment project area. If relocation becomes necessary, speCific relocation plans containing detailed household and housing availability surveys, will be prepared if, and as, required pursuant to Section 6038 of Title 25 of the Califomia Code of Regulations. Projects involving relocation will be authorized by the Agency only if any required meets the requirements of this Method, the State Relocation Law and State Relocation Guidelines incorporated herein, and any other applicable law or regulations. Section IV. Relocation Policies and Procedures To implement the State Relocation Law (Gov. Code 37260 et sea.) in the Merged Chula Vista Redevelopment Project Area, the Agency hereby adopts for local use the "State Relocation Guidelines," which are relocation guidelines issued by the State of Califomia, Department of Housing and Community Development, pursuant to Govemment Code Section 7260 et ~. and Health and Safety Code Section 50460. The State Relocation Guidelines are set forth in Title 25 of the Califomia Code of Regulations, Section 6000 et sea. The State Relocation Law and the State Relocation Guidelines, as now existing and as may be amended from time to time in the future, are incorporated fully herein by this reference. A copy of the State Relocation Law as existing on the date this Method is adopted by the Agency attached hereto as Exhibit "A." A copy of the State Relocation Guidelines as existing on the date this Method is adopted by the Agency is attached hereto as Exhibit "8." These copies are attached for informational purposes only as the applicable versions of the State Relocation Law and State Relocation Guidelines shall be those in effect at the time a person or business receives notice of possible displacement. Relocation of displaced persons, families, businesses, and community organizations within the Merged Chula Vista Redevelopment Project Area will be accomplished in full compliance with the State Relocation Law and State Relocation Guidelines as then in effect. Consistent with the State Relocation Law and State Relocation Guidelines, it is the policy of the City Council and the Agency that: 1. Uniform, fair, equitable treatments shall be afforded to persons, families, businesses, and community organizations displaced as a result of an Agency project. ROSENOW SPEVACEK GROUP, INC. MARCH g, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - F-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1... - /I (., 2. No persons or families of low- and moderate-income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such persons that is safe, decent and sanitary and available at comparable rents. 3. All displaced families and individuals will be afforded the opportunity to live in a decent, safe and san~ary dwelling without overcrowding. 4. The cost of such housing shall be reasonable relative to family income. 5. There will be no discrimination based upon race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry in relocation activities. 6. Displaced households will be offered the opportunity to occupy housing that is reasonably accessible to their places of employment, public transportation, shopping and public facilities. 7. Business concems and nonprofit organizations to be displaced will be provided assistance to aid in their reestablishment in the new location. 8. Each eligible person and business will be provided advanced notice conceming the possible displacement and relocation requirement, as well as pertinent information as mandated by the State Relocation Law and State Relocation Guidelines to assist in the relocation process. Representatives of the Agency will provide assistance, counseling, and referral services. Supplemental Relocation Policies Recommended by Staff: 9. Cover costs of new City of Chula Vista permits for the relocation site and facilitate the acquisition of such permits in a timely manner. 10. Agency to provide a reasonable number of relocation options for businesses and residential occupants, including providing a minimum of three relocation locations where feasible. 11. Inform affected occupants of their right to retain legal counsel at their own expense. In addition, at the time of adoption of the Amendment, the Agency may adopt rules that provide certain greater relocation benefits than provided under the State Relocation Law and State Relocation Guidelines. If the Agency does so, those additional rules will be made part of this Relocation Method. The rules and regulations detailing procedures for providing services and making relocation payments are set forth in the State Relocation Law and State Relocation Guidelines. Section V. Methods for Assuring Availability of Relocation Housing The State Relocation Law and State Relocation Guidelines set forth requirements the Agency must follow with respect to the provision of replacement housing, including ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - F-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /12- -/I) replacement affordable housing. In meeting those requirements, the Agency will work with local housing authorities and nonprofit sponsors of other subsidized housing to assist eligible persons in applying for priority placement in affordable housing within the City. Section VI. Relocation Payments Relocation payments will be made to all eligible displaced persons, businesses and nonprofit organizations in accordance with the State Relocation Law and State Relocation Guidelines. Section VII. Consistency with State Relocation Law and State Relocation Guidelines This Method has been prepared in accordance with, and is in compliance with, the requirements of the Law. In the event of any inconsistency between the terms of this Method, on the one hand, and the terms of the State Relocation Law and State Relocation Guidelines on the other hand, the latter shall control, except to the extent the Agency adopts rules that provide any greater relocation benefits to a displaced person than that provided under the State Relocation Law and State Relocation Guidelines. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - F-4 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2.-IIf! Exhibit A - State Relocation Law ROSENOW SPEVACEK GROUP, INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - F-5 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A'2-lLj W AIS Document Retrieval CALIFORNIA CODBS cxn,u------.a: CODI: SECTION 7260-7277 7260 . As used in this chapter: (a) "PubJ.ic entity" incJ.udes the state, the Regents of the OniverBity of CaJ.ifornia, a county, city, city and .county, diBtrict, pubJ.ic authority, public agency, and any other poHtical' subdivision or public corporation in the state or any entity acting on behalf of these agencieB when acquiring real property, or any interest therein, in any city or county for pUblic use, and any person who haB the.' authority to acquire property by eminent domain under state law. (b) "Person" means any individual, partnership, corporation, limited liability company, or association. . (c) (1) "Displaced person" means both of the foHewing: (A) Any person who moves from real property, or wp.o moveB hiB or her personal property from real property, ei.ther: (i) As a direct result of a written notice of intent to acquire, or the acquiBition of, the real property, in whole or in part, .for a program.or project undertaken by a public entity or by any.person having an agreement with, or acting on behalf of, a public entity. (ii) As a direct result of the rehabilitation, demolition, or other displacing activity, aB the public'entity'may preBcribe under a program or project undertaken by a public entity,of real property on.. which the person iB a residential tenant or conducts a busineBs or fann operation, if the public entity determines that the displacement is permanent. .For purposes of this subparagraph, "residentiaJ. tenant" includeB any occupant of a reBidential hotel unit, as defined in BubdiviBion' (b) of Section 50669 of the Health and Safety Code, and any occupant of e~loyee houBing, as defined in Section 17008 of the Health and Safety Code, but dosB not include any perBon who haB been determined to be in unlawful occupancy of the diBplacement dwelling. .' (B) Solely for the purpoBeB of Sections 7261 and 7262, any perBon who moveB from real property, or moveB his or her personal property from real property, either: . (i) As a direct reBult of a written notice of intent to acquire, or the acquiBition of, other real property, in whole or in part, on which the perBon conducts'a bUBinesB or farm operation for a program or project undertaken by a public entity: (ii) As a direct result of the rehabilitation, demolition, or other diBplacing activity aB the public entity may prescribe Under a program or project undertaken by a public entity, of other real property on which the perBon conducts a bUBineBB or farm operation, in any case in which the public entity determines that the displacement iB permanent. (2) ThiB BubdiviBion. BhaH be construed.BO thatperilons displaced aB a result of public actiOn receive relocation benefits.in caseB' where they are diBplaced as a result of an owner participation agreement or an acquisition carried out by a private person for, or in connection with, a public use where the public entity is otherwiBe empowered to acquire the property to carry out the public 'UBe. Except for persons or familieB of low and moderate income, as defined in Section 50093 of the Health and Safety Code, .who are occupants of houBing that was made available to them on a permanent basiB by a public agency and who are required to move frOlll t.he housing, a "diBplaced person" Bhall not include any of the foHowing: .$.{:. -,;J... 7 A2:-1 ~ 0 Page 1 of18 . W AIS Document Retrieval Page 2 of 18 (A) Any person who has been determined to be in unlawful occupancy of the displacement. dwellings. (B) Any person.whose right of possession at the time of moving arose after the date of the public entity's ac~i8ition of the real property. . (e) Any person who has occupied the real property for the pw:pose of obtaining assiatance under this chapter. (D) In any case in which the public entity ac~ires property for. a pr09T'lD or project (other than a per80n who was an occupant of the . property at the time it was ac~ired), .any person who occupies the property for a period subject. to termination when the property is needed for the program or project. (d) "Business" means any lawful activity, excePt a farm operation, conducted for any of the following, (1) Primarily for the purchase, sale, lease, or rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property. (2) Primarily for the sale of services to the. public. (3) primarily by a nonprofit organization. . (4) Solely for the purpose of Section 7262 'for assisting in the purchase, sale, resale, manufacture,' processing, or marketing of products, cOllmlodities, per80nal property, or s!i!'rvices by the erection and maintenance of an outdoor advertising display, whether or' not the display is located on. the premises on which any of the above activities are conducted. . (e) "Farm operation~ means any activity cODaucted solely or primarily for the production of one or more agricultural products or commOdities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient ~antity to be capable of contributing materially to the operator's support. (f) "Affected property" means any real property that actually declines in fair market value because of ac~isition by a public entity for public use of other real property and a change in the use of the real property ac~ired by the public entity. . (g) "Public use" means a use for which real property may be ac~ired by eminent domain. (h) "Mortgage" meanS classes of liens that arecollmlonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby. (i) "Comparable replacement dwelling" means any dwelling. that is all of the following: . (1) Decent, safe, and sanitary. (2) Adequate in size to accommodate the occupants. (3) In the case of a displaced person who is a. renter, within the financial means of the displaced person. A comparable replacement dwelling is within the financial means of a displaced person if the monthly rental cost. of the dwelling, including estimated average monthly utility costs, minus any replacement housing Pll,yment available. to the person, does not eXceed 30 percent of the person's average monthly income, unless the displaced person meets one or more of the following conditions, in whiCh case the payment of the monthly rental cost of the comparable replacement dwelling; including estimated average monthly utility costs, minus any replacement housing payment available to the person, shall not exceed 25 percent of the person's average 1llOnthly income, . . (A) Prior to January 1, 1998, the displaced.person received a notice to vacate from a public entity, or from a person having an agreement with a public entity. A 2.. - /2./ . un . 'l:hCl dilmla.ced QArJiQn .:z:e.sidAa em nrnnattv thar. .IllALJl"",drAtl bu. ... W AIS Document Retrieval a public entity, or by a person having an agreement with a public entity, prior to January 1, 1998. " (C) Prior to January 1, 1998,a' public entity, or a person having .an agreement .with a public entity, .initiated negotiations to acquire the property on which the displaced person resides. (D) Prior to January 1, 1998, a public entity, or a person having an agreement with a public entity, entered into an agreement to acquire the property on which the displaced person resides. (11) Prior to January 1, 1998; a public entity, or a person having an agreement with a public entity, gave written notice of intent to acquire the property on which the displaced person resides. (F) The displaced person is covered by, or resides. in an area or proj ect covered by, a' final relocation plan that was adopted by the legiBlative body prior to January 1, 1998, pursuant to thiB chapter and the regulationB adopted'purBuant to this chapter. (G) The displaced perBon iB covered by, or resides in an area or project covered by, a propoBed relocation plan that waB required to have been Bubmitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice waB required to have been provided to occupants of the property prior to January 1, 1998, PUrBuant.tO thiB chapter and the regulationB adopted purBuant to this chapter. (H) The diBplaced person is covered by, or resides .in an area or project covered by, a .proposed relocation plan that waB Bubmitted . prior to January 1, 1998, to the Department of HouBing and Community Development or to a local relocation committee, or for whiCh notice was provided to the public or to occupantB of the property prior to January 1, 1998, purBuant tothiB chapter and the regulations adopted pursuant to thiB chapter, and' the perBon iB eventually displaced by the project covered in the propoBed relocation plan.. (I) The diBplaced person reBideB on'property.for which a contract for acquiBition, rehabilitation, demolition, construction, or other diBplacing activity waB ~ntered 'into by a public entity, or by a person having an agreement with. a .public entity, prior to January 1998. (J) The displaced person reBid~B on property where an owner participation agreement, or other agreement between a public entity and a private party that will.reBult in the acquisition, rehabilitation, demolition, or development of the property or other diBplacement, waB entered into prior to January 1, 1998, and the diBplaced perBon reBideB in the proPerty at the time of the agreement, provideB information to the public entity, orperBon having an agreement with the public entity Bhowing that he or ~he did reBide in the property at the time of the agreement and iB eventually diBplaced by the project covered in the agreement. (4) Comparable with respect to the number of rooms, habitable Bpace, and type and quality of conBtruction. Comparability under thiB paragraph Bhall not require Btrict adherence to a detailed, f~ature-by-feature comparison. While a comparable replacement. dwelling need not pOBseBB every feature of the displacement dwelling, the principal featureB' Bhall be preBent. . - . (5) In an area not Bubject to unreaBonable adverBe environmental conditionB. (6) In a location generally not leBB deBirable than. the location of the diBplaced perBon'B dwelling with reBpect to public utilities, facilitieB, serviceB, and the displaced person's place of employment. (j) "Displacing agency.. lIIllanB any public entity or person carrying out a program or project which causes a person to be a displaced perBon for a public project. s- ~ l:.<j ,42 - / 22 Page3of18 W AIS Document Retrieval (k) 'Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of'an adequately des=ibed property as of a specific date, supported by the presentation and analysis of relevant market information. (1) .Small business" 'means a business as defined in Part 24 of Title 49 of the Coc!a of Federal Regulations. (m) 'Lead agency. means the Department of Housing and COIIII1W1ity Development. . 7260.5. (a) The Legislature finds and declares the following: (1) Displacement. as a direct result of progralllS or projects undertaken by a public entity is caused by a number of activities, including rehabilitation, demolition, coda enforcement, and acquisition. (2) Relocation assistance policies must provide for fair, uniform, and equitable treatment of all affected persons. (3) The displacement of businesses often results in -their closure. (4) Minimizing the adverse impact of displacement isessentiai to . maintaining the economic and social well-being of' communities. (5) Implementation of this chapter has resulted in burdensome, inefficient, and inconsistent comPliance requirements and procedures which may be improved by. establishing a lead agency. (b) This chapter establishes a uniform policy for the fair and equitable. treatment of._persons displaced as a direct result of programs or proj ects undertaken by a public' entity.' The primary purpose of this chapter is to ensure that. these persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on these persons. (c) The Legislature intends all of the follOWing: (l) Public. entities shall carry out this chapter in a manner wllich minimizes waste,. fraud, and mismanagement and reduces unnecessary administrative costs. . (2) Uniform procedures for the administration of relocation assistance shall, to the maximum extent feasible, assure that the unique circumstances of any displaced person are taken into account and that persons in essentially similar circumstances are accorded equal treatment under this chapter. (3) The improvement of housing conditions of economically disadvantaged persons under this chapter shall be undertaken, to the maximum extent feasible, in coordination with .existing federal, state, and local ~t programs t:or accomplishing these goals. (4) The policies and procedures of this. chapter shall be administered in a manner which is consistent with fair housing requirements and which assures all persons their rights under Title . VIII of that act of April 11, 1968 (Public Law 90-284), COlIIIIOnly known as the :Civil Rights Act of "1968 and Title VI of the Civil Rights Act of 1964. 7260.7. Notwithstaliding any other provision of law, in furtherance' of the goal set forth in paragraph (3) of subdivision (c) of Section 7260.5, nonprofit facilities subsidized pursuant to any federal or state program for the benefit of low-income' tenants that restrict rent increases based on operating cost increases, and that also ,....~....,~,.g. t;II"".r. fl',,,,,"-"',,, -F,.,~ ,?"._"'~!'O"'_{_,,,,,'!!v.'I,,,,,,,,,""..,Jo,..,1 'I...............l,_ .t ..,.=~"--_~.,._~ Page 4 of18 A 1- -113 W AIS Document Retrieval temporary relocation of those tenants, shall be exempt from any restrictions on rents imposed pursuant to this chapter. 7261. (a) Programs or projects undertaken by a public entity shall be planned in a manner that (1) recognizes, at an early stage in the planning of the progralll8 or projects and before the coamencement 'of any actions which will cause displacements" the'proble1ll8 associated with the displacement of individuals,. families, businessea, and farm operations, and (2) provides for the resolution of these proble1ll8 in order to minimize adverse impacts on displaced persons and to . expedite program or project advancement and completion. The head of the displacing. agency shall ensure the relocation assistance. advisory services described in subdivision (c) are made available to all persons displaced by the public entity. If the agency lSetermines that any person occupying property immediately adjacent to the property where the displacing activity occurs. is caused substantial economic injury as a result thereof, the agency may make the advisory services available to the person. (b) In giving this assistance, the public entity may establish local relocation advisory assistance offices. to assist in obtaining replacement facilities for persons, businesses, and farm operations which find that it is necessary to relocate because of the. acquisition of real property by the public entity. (c) This advisory assistance shall include those measures, facilities, or services which are necessary or appropriate to do all or the following: . (1) Determine and make timely recommendat.ions on the needs and preferences,_if any, of displaced persons for relocation assistance. (2) Provide current and continuing information on the availability, sales prices, and rentals of comparable replacement dwellings for displaced' homeowners and tenants, and suitable locations for businesses and farm operations. (3) Assure that, within. a reasonable time period prior to . displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced . persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal 8OVell:ZllMnt. (4) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of any of. the following: (A) A major disaster as defined in Section 102(2) of the federal Disaster Relief Act of 1974. (B) A'state of emergency declared by the President or Governor. (e) Any other e~rgency which requires. the person to lIIOVe immediately from the dwelling because Continued Occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person. . (5) Assist a person displaced from- a business or farm operation in obtaining and becoming established in a suitable replacement location. (6) . Supply information concerning other federal and state programsf '. ..sf; -.3J ~/:'- 2. -: / 2_ Page 5 afl8 W AIS Document Retrieval. Page 6 of1S which may be of assistance to those persons in applying for assistance .underthe program. . (7) Provide other advisory services to displaced persons in order to minimize hardships to those persOlls. (d) The head. of the displacing. agency shall coordinate its relocation assistance program with the project work necessitating the displacement and with other' planned or p"roposed activities of other public entities in thecQllllllmity or nearby areas which may affect the implementation of its relocation assistance program. . (e) NotwithstaDiling Subdivision (c) of Section 7260, in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a ahort term or a period subject to termination when the property is needed for the program or project, shall be eligible for advisory services to the extent determined by the displacing agency. 7261.5. In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, a public entity may enter into a contract with any individual, firm, association, or corporation for services in connection with such program, or may carry. out its'functions under tbis chapter tbrough any federal, state, or local governmental agency having an established organization for conducting' relocation assistance programs. Any public entity may, in carrying out its relocation assistance activities, utilize the services of state or local housing agencies or other agencies having experience in tbe administration or conduct of similar housing assistance activities. 7262.' (a) Whenever a program or project to be undertaken by a public entity will result in tbe displacement of any person, the displaced person is entitled to pa~nt for actual moving and related expenses as the pubiic entity determines to be reasonable and necessary, including expenses for all' of the following,: (1) .Actual and reasonable expenses in moving himself or berself, his or her family, business, or farm operation, or his or her, or his or her family's; personal property. . (2) Actual direct losses pf tangible personal property as a result of moving or discontinuing a business or farm operation; but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determin~ by the public entity. . (3) Actual and reasonable expenses in searching for a replacement business or farm, not to exceed one thousand dollars ($1,000), (4) Actual and reasonable expenses necessary to reestablisb a displaced farm, nonprofit organization, or smali business 'at its new site, but not to exceed ten thousand dollars ($10,000)." (b) Any displaced personelig1ble for payments under subdivision (a) who is displaced from a dwelling and who elects to accept the payments authorized by this sllbd,ivision in lieu of the payments authorized by subdivision (a) shall receive a moving expense and dislocation allowance which shall be determined according to a schedule established by the head of the lead agency. The schedule shall be consistent with the Residential Moving Expense and A 2 _ / 2 S- Dislocation Allowance PaYment Schedule established by Part 24 of "'.. +-,'.", 4Q ,."f=+-lut, ~.... ,..f! ,P_.d.~~....'~_.ft'!..._,_8."''''''''_'''''", W AIS Documemt Retrieval (c) Any displaced person who moves or discontinues his or her business or farm operation and elects to accept the payment authorized by this subdivision in lieu of the payment authorized by subdivision (al, shall receive a fixed relocation payment in an atDDUnt equal to the average annual net earnings of the business or farm operation, except that the payment shall not' be leBS than one thousand dollars ($1,000) nor more than twenty thousand dollars ($20,000) . In the case of a business, no payment shall be made under this subdivision, unleBB the public entity is satisfied that the business cannot be relocated without. substantial loss of patronage and is not part of a commercial enterprise having at least one other establishment not being acquired, engaged in the same or similar business.. For purposes of this subdivision, the term "average annual net earnings" means one-half of any net earnings of the business or farm operation before federal, state, and local income taxes during the two taxable years immediately preceding the taxable year in which the business or farm: operation moves from the real property being acquired, or during any other period as the public entity determines to be more eqUitable for establishing earnings, and. includes any compensation paid by the business or farm operation to the owner, his or her spouse, or his or her dependents during the two-year or. other period. To be eligible for the payment authorized by this subdivision, the business or farm operation shall' make available its state income tax records, financial statements, and accounting records, for confidential use pursuant to an audit to determine the payment pursuant to this subdivision. In regard to an outdoor advertising display, payment pursuant to this subdivision shall be limited to the amount necessary to. physically move, or replace that display.' Any displaced person eligible for payments under subdivision (a) who is displaced from the person's place of business or farm operation and who is eligible. under criteria established by the public entity, may elect to accept a fixed payment in lieu of the payment authorized by subdivision (a). The fixed payment sl1&ll not be less than.one thousand dollars ($1,000) nor more than twenty thousand dollars ($20, 000). A person whose sole business at the displacement dwelling is the rental of the property to others shall not qualify for a payment under this subdivision. (d) Whenever the acquisition of real property used for a business or farm operation causes the person conducting the business or farm operation to move from other real property, or to move his or her personal property from other. real property, the person shall receive : payments for moving arid related expenses under subdivision (a) or (b) and relocation advisory assistance under Section 7261 for moving from the other property. (e) Whenever a public entity must pay the cost of moving a displaced person under Paragraph (1) of Subdivision (a), or subdivision (d): ' . (1) The costs of the move shall be exempt from reglilation by the Public Utilities Commission. (2) The public entity may Bolicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to the solicitations shall be exempt from regulation by the Public Utilities Commission. . (f) No provision of this chapter shall be construed to require a public entity to provide any relocation .assistance to a lessee if the. property acquired for a program or project is subject to a lease for purposes of conducting farm operations and the public entity agrees to assume all of the terms of that lease. .:J c - ,3..3 ,-1 2 - / 2 ~ Page 7 of18 W AIS Docmnent Retrieval 7262.5. Notwithstanding Section 7265.3 or any other provision of law, tenants residing' in any rental project who are displaced from the project for a perioq of one year or less as part of a rehabilitation of that project, that is funded in whole or in part by a public entity, shall not be eligible for permanent housing assistance benefits pursuant to Sections 7264 and 7264.5 if all of the following criteria are satisfied: (a) The project is a "qualified affordable housing preservation project,. which means any complex of two or more units wl)ose owners enter into a recorded regulatory. agreement, having a term for the useful life of the project, with any entity for the provision of project rehabilitation financing. For this puzpose, the regulatory agreement shall require of' the owner and all successors and assigns of the owner, as long as the regulatory agreement is in effect, that at least 49 percent of the tenants in the project have, at the tilll!! of the recordation of the regulatory agreement, incomes not in excess of 60 percent of the area median income, adjusted by household size, as determined by the appropriate agency of the-state. In addition, a project is a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. . (b) The resident is offered the right to return to his or her original unit, or a comparable unit in the.Same complex if his or her original unit is not otherwise available due to the rehabilitation, with rent for the first 12 months subsequent to that return being the lower of the following: up to 5. percent. higher than. the . rent. at the time of displacement; or up to 30 percent of household income. (c) The estimated time of displacement is reasonable, and the temporary unit is not unreasonably impacted by the effects of the construction, taking into consideration the ages and physical conditions of the members of the displaced household. . (d) All other financial' benefits and services otherwise required under this chapter are' provided to the residents temporarily displaced from their units, including relocation' to a comparable replacement unit. Residents shall be temporarily relocated to a unit within the same complex, or to a unit located reasonably near the complex if that unit is in a location generally not less desirable than the location of the displaced person's dwelling with respect to' public utilities, services, and the displaced person's place of employment. 7263. (a);tn addition to the payments required by Section 7262, the public entity, as a part of the cost of acquisition, shall make a pa~ to the owner of real property acquired for public use which is improved with a dwelling actually owned and occupied by the owner as a permanent or customary and usual place of abode for not less than 180 days prior to the initiation of negotiation for the acquisition of that property. . (b) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), 'shall'be based on the following factors: (1) The amount, if any, which, when added to .the acquisition cost of the dwelling acquired by the public entity equals the reasonable cost of a comparable replacement dwelling. . (2) The . amount , if any, which will compensate the displaced owner for any increased interest costs which the owner is required' to pay for financing the acquisition of a comparable replacement dwelling. The. .lUllCunt .shall be naVI. only if t-".. II."'" Ji",., ."rmt......"., ..b.... Page 8 oft8 A 1- /27 W AIS Document Retrieval displacing agency was encumbered by a bona fide mOrtgage which was a valid lien on the dwelling' for not leu than. 180 day. illlllledi.ately prior to the initiation of negotiations for the acquisition of' the dwelling. All of the mortgages on the acquired dwelling shall be used to compute the payment. The amount shall be colllpUted using the lesser of the principal balance of the mortgage on the replacement dwelling or the outst..ntHng principal balance of the mortgage on the acquired dwelling and the lesser of the remaining term on the . acquired dwelling or the actual term of the new mortgage. The present value of the increased interest costs shall be 'cOl1lpUted based on the lesser of the prevailing interest rate or the actual interest rate on the replacement property. The IIDlOUnt shall also include other reasonable debt service costs incurred by the displaCed owner. For the purposes of this subdivision, if the replacement dwelling is a mobilehome, 'the term "mortgage,' as defined in subdivision (h) of Section 7260, . shall include those liens as are commonly given to secure advances on, or the' unpaid purchase price of, mobilehomes, together with the credit instruments, if any, secured thereby. (3) Reasonable expenses ineurred by the displaced owner for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. . (c) The additional payment authorized by this section shall be made only to a displaced owner who purchases and oceup.ies a decent, safe, and sanitary replacement dwelling within' one year from the later of the following: (I) The date the displaced person receives final payment for the displacement dwelling, or in the case of condemnation, the date the full amount of estimated just compen~sation is delPosited in court. (2) The date the displacing agency fulfulls .its obligation to. make available at least one. comparable replacement dwelling to the displaced person. However, the displacing agency may extend the period for good cause. Also, the displaced owner and the public entity. may agree in writing that the displaced owner may remain in occupancy of the acquired dwelling as a tenant of the public entity on the conditions that the displaced owner shall only be entitled to the payment authorized by this section on the date on which the owner moves from the acquired dwelling and that the payment shall be in an amount equal to that to which the owner would have been entitled if the . owner had purchased and occupied a replacement dwelling one year subsequent to the date on which final payment was received for the acquired dwelling from the public entity. (d) In implementing this chapter, it is the intent of the Legislature tbat special consideration be given to the financing and location of a comparable replacement dwelling for displacedpersoDs 62 years of age or older. 7263.5. For purposes of Section 7263, the leasing of a condominium for a 99-year period, or for a term which exceeds the life expectancy of the displaced person as determined from the most recent life tables in Vital Statistics of the united States, as published by the Public Health Service of the Department of Health, Education, ancI.~ Welfare, shall be deemed a purchase of.the condominium. - ,......-,. - -",-~ 1"12- /2f Page9of18 W AIS Document Retrieval Page 10 oftS 7264. (a) In addition to the payments required by Section 7262, as a part of the cost of acquisition, the public entity shall make a payment to any displaced person displaced from any dwelling not eligible .to receive a payment UDder Section 7263 which was actua1ly and lawfully occupied by the person as a permanent or customary and usual place of abode for not less than 90 days prior to the initiation of negotiation by the public entity for the acquisition of the dwelling, or. in any case in which displacement is . not a direct . result of acquisition, or any other event which the public entity shall prescribe. (b) '!'he payment,' not to exceed five thousand two hundred fifty dollars ($5,250), shall be the additional amount which is necessaxy to enable the person to lease or rent a comparable replacement dwelling for' a period not to exceed 42 months, unless the displaced . person meets one or more of the conditions set forth in paragraph (3) of subdivision (i) of Section 7260, in which case the payment, which shall not exceed five thousand two hundred fifty dollars ($5,250), shall .be the additional amount which is necellsary to enable the person to lease or rent a comparable replacement dwelling for'a period not to exceed 48 months. However, publicly funded transportation projects shall make payments enabling the person to lease or rent a comparable replacement dwelling for a period not to exceed 42 months, including compensation for utilities, as provided in subdivision (b) of Section 24.402 of Part 24 of Title 49.of the Code of Federal Regulations. Payments up to the maximum of five thousand two hundred fifty dollars ($5,250) shall be made in a lump sum. Should an agency pay pursuant to Section 7264 .5...an .&mount exceeding the maximum amount, paymerit may be made periodically. Computation of a payment under this subdivision to a low-income displaced person for a comparable replacement dwelling shall take into account the person's income. (c) Any person eligible for a payment under subdivision (a) may elect to apply the payment to a downpayment on,and other incidental expenses pursuant to, the purchase of a decent, safe,' and sanitaxy replacement dwelling. The person may, at the discretion of the public entity, be eligible UD4er this subdivision for the maximum payment allowed under sUbdivision (b), except that, in the case of a displaced homeowner who has owned aDd occupied the displacement dwelling 'for at least 90 days but nOt more than 180 days immediately prior to'tbe initiation of negotiations for the acquisition.of the dwelling, the payment shall not exceed the payment which the person would otherwise have received UDder subdivision (b) of Section 7263 had the person. owned and occupied the displacement dwelling 180 days immediately prior to the initiation of the negotiations. (d). In icmplementing this chapter, .itis the'intent of the Legislature that special consideration shall be given to assisting any displaced person 62 years of age or older to locate or lease or rent a comparable replacement dwelling. 7264.5. (a) If a program or project UDdertaken by the public entity cannot proceed on a timely basis because comparable replacement housing is not available and the public entity determines that comparable replacement housing cannot otherwise be made available, tbe public' entity shall take any action necessaxy or appropriate to provide the dwellings by use of funds authorized for. the proj ect . This section shall be construed to authorize the public entity to A 2. _/ ")""'l exceed the' maximum amounts which may be paid UDder Sections 7263 and ;'-f ,. I ""'!;4 "',., .lJIt1'!_~.a....l-vt,r..,.*_o...~t:!I,,~ '1ILf:....,,,. ~O~...'""~",o:'I..,. _...oiflllt.ka_.J ..a "'~."" ~_ W AIS Document Retrieval Page 11 oft8 accordance with rules and regulations adopted by the public entity. Where a displacing agency is undertaking a project with funds administered by a state agency or board, and where. 'the displacing agency has adopted rules and regulations in accordance with Section 7267.8 for the implementation of this chapter, the determination of payments to be made pursuant to this subdivision shall be pursuant to those rules and regulations. (b) No person shall be required to move from his or her dwelling because of its acquisition by a public entity, unless comparable replacement housing is available to the person. (c) For purposes of determining the applicability of subdivision (e), the public entity is hereby designated es a duly authorized administrative body of the state for the purposes of subdivision (c) of Section 408 of the Revenue and Taxation Coda. (d) Subdivision (b) shall not apply to a displaced owner whO agrees in writing with the public entity to remain in occupancy of the acquired dwelling as provided in subdivision (c) of Section 7263. 7265. (a) In addition to the payments required by Section 7262, as a cost of acquisition, the public entity shall make a payment to any affected property owner meeting the requirements of this section. (b) The affected property shall be immediately contiguous to property acquired for airport purposes and the owner shall have oWned the property affected by acquisition by the'pUblic entity not less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. (c) The payment, not to exceed twenty-two thousand five hundred dollars ($22,500), shall be the amount,. if any, which equals the actual decline in the fair market value of the property of the affected property owner caused by the acquisition by the public entity for airport purposes of other real property and a change in the use of the property. . (d) The amount, if any, of actual decline in fair market value of affected property shall be'determined according to rules and regulations adopted by the public entity pursuant to this chapter. The rules and regulations shall limit payment under this section only to those circumstances in which the decline in fair market value of affected property is reasonably related to objective physical change in the use of acquired property. 7265.3. (a) A public entity may make payments in the amounts it deems appropriate, and may provide advisory assist~ce under this chapter, to a person who moves from a dwelling, or who moves or discontinues his business, as a result of impending rehabilitation or demolition of a residential or commercial structure, or enforcement of building, housing, or health cO\ies by a public entity, or because of systematic enforcement pursuant to Section 37924.5 of the Health and 'Safety Code, or who moves from a dwelling or who moves or discontinues a business as a result of a rehabilitation or demolition program or enforcement of building codes by the public entity, or because of increased rents to result from such rehabilitation or code enforcement. Payments prescribed by subdivision (b) of Section 7264 may also be made to persons who remain in .a dwelling during rehabilitation. Payments authorized by. this section and made pursuant to subdivision (b) of Section 7264 may, at the option of the public entity, be computed and reviewed' annually based on actual 1/ .' ~ 'A 2. -/:1 r . '<IIti C- -_.:ccJ__ _ _ . W AIS Document Retrieval. rental increases, and may be paid1llClnthly or annually. A public entity may also give priority to a person who moves from a dwelling, or who remains in a dwelling during rehabilitation, in utilization of local, state, or federal rental assistance programs, either to enable the person to pay increased rents or to move to other suitable housing . A public entity assisting in tbe financing of rehabilitation may provide some or all of the payments authorized by this section as part of the loan for rehabilitation costs, provided that the. public entity makes payments directly to the person who moves or who remains in the dwelling during rehabilitation. (b) A public entity shall make payments in the a1llClunts prescribed by this chapter, and shall provide adviSory assistance un4er this chapter, to persons and families of low or moderate income,as defined in Section 50093 of the Health and safety Coda, whose .rent, within one year after the rehabilitation of their dwelling is completed, is increased to an amount exceeding 25 percent of their gross income, or who move. from their dwelling, as the result of a rehabilitation program in which the rehabilitation work is wholly or partially financed or assisted with public funds provided by or through the public entity. (c) A public entity shall provide temporary housing for up to 90 days to persons displaced by rehabilitation work which is wholly or partially financed'or assisted with public funds provided by or through the public entity. (d) A person displaced by rehabilitation work which is wholly or partially financed.or assisted with public funds provided bY or through the public entity shall, as a condition of the financing or assistance, be given the option of relocating, after' rehabilitation, in the dwelling from which the person was displaced. (e) A public entity may limit the amounts of' payments .made pursuant to Subdivision (b), otherwise cal'cuiated pursuant to subdivision (b) of Section 7264, to the lesser of: .(i) the difference between the increased rent and 25 percent of gross 'income; or (ii) the difference between the' increased rent and the rent immediately before the rehabilitation which was greater than 25 percent of gross income. - (f) The payments and advisory assistance as required in this section shall be mandatory only if federal or state funds are available. However, nothing shall preclude the public entity from using local funds. 7265.4. In addition to the payments required by Section 7262, as a cost of acquisition, the public entity, as soon as practicable after the date of payment o'f the purchase price or the date of deposit in court of funds to satisfy the aWard of compenSation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent. the public.entity deems fair and reasonable, for expenses the.owner necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the public entity. . 7266. (a) if a relocation appeals board has been established pursuant to Section 334~7.5 of the Health and Safety'Coda, a city by ordinance may designate the board to hear appeals from all public entiti'!'s. exc~t ~ose Btat\!l.. .~encin "'~ 1:i&Y.e _lIn. anneal ..n.-""........ Page 12 of18 A2.~/')...CJ W AlS' Document Retrieval Page13of18 . on the eligibility for, Or the amount of, a payment authorized by this chapter. Cb) Any person aggrieved by a determination as .to eligibility for, or the amount of, a payment authorized by thi.s chapter may have the application reviewed by the public entity or by the relocation appeaJ.s board if authorized under subdivision' Ca). The review of a determination by a cClllllllUDity redevelopment agency may only be made by a relocation appeals board established pursuant to Section 33417.5 of the BeaJ. th and safety Code. 7267. In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the public programs, and to promote public confidence in public land acquisition practices, public entities shall, to the greatest extent practicable, be guided by the provisions of Sections 7267.1 to 7267.7, inclusive, except that the provisions of. subdivision Cb) of Section 7267.1 and Section 7267.2 shall not apply to the acquisition of any easement, right-of-way, covenant, or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface. sewers, waterlines or appurtenances, drains, septic tanks, or storm water drains. 7267.1. Ca) The publi~ entity shall make every reasonable effort to acquire expeditiously real property by negotiation. (b) Real property shall be appraised before the initiation of negotiations, and the-owner, or the owner's designated representative, shall be given an opportunity to accompany the appraiser during his or her inspection of the property.. However, the public entity may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. 7267.2. (a) Prior to adopting a resolution of necessity pursuant to Section 1245.230 of the Code of Civil Procedure and initiating negotiations for the acquisition of real property, the public entity shall establish an amount which it believes to be just compensation therefor, and shall make an offer to the owner or owners of record to acquire the property for the full amount so established, unless the owner cannot be located with reasonable diligence. The offer may be conditioned upon the legislative body'S ratification of the offer by execution of a contract of acquisition or adoption of a resolution of necessity or both. In no event shall the amount be less than the public entity'S approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property to be acquired prior to the date of valuation caused by the public improvement for which the property'is acquired, or by the likelihood that the property would be acquired for' the improvement, other than that due to physical deterioration within 'the reasonable . control of the owner or occupant, shall be disregarded in detetmining the compensation for the property. (b) The public entity shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation. The written statement and summary shall contain detail sufficient to indicate At -/30 ~..:-- - W AIS Document Retrieval clearly the basis for the offer,including, but not limited to, all of the following information: (1) The date of valuation, highest and best use, and applicable zoning of property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. (3) Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations &.rid narrative explanation supporting the compensation, including any offsetting benefits. (c) Where the property involved is owner occupied residential property and contains no more than four residential units" the homeowner shall, upon request, be allowed to review a copy of the appraisal upon which the offer iEI based. The public entity may, but is not required to, satisfy the written statement, summary, and review requirements of this section by providing the owner a copy of the appraisal on which the offer ,is based. ' (d) Notwithstanding subdivision (a), a public entity may make an offer to the owner or owners of record to acquire real property for less than an amount which it believes to be just compensation therefor if (1) the real property is offered for sale by the owner at a specified price less than the amount the public entity believes to be just compensation therefor, (2) the public entity offers a price which is equal to the specified price for which the property is being offered by the landowner; and (3) no fed.eJ:a.l funds are involved in the acquisition, ,construction, or project development. (e) As used in subdivision (d), .offered for sale" means any of the following: (~) Directly offered by the landowner to the public entity for a specified'price in advance of negotiations by the public entity. (2) Offered for sale to the general public at an advertiEled or published, specified price set no more than six months prior to and still available at the time the public, entity initiates contact with the landowner regarding the public en~ity's possible acquisition of the property. 7267.3. The construction or development of a public improvement shall be so'scheduied that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm ,operation, without at least 90 days' written notice from the public entity of the date by which such move is required, 7267.4. If the public entity permits an owner or tenant to' occupy the real property acquired on a rental basis for a short term, or for a period subject to t4!rminatlon by the public entity on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. 7257.5. In no event' shall the public entity either advance the time ofC:;~M~!!!<1,~tJon, C;>:r;' c;t~, u!lID;lt,i;ltiQllJl, c;>r, con",......."ti nn ..n"'. the Page 14 of1S A1...-/3/ W AJ$ Document Retrieval deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. 7267.6. If any interest in real property is to be acquired by exercise of the power of eminent domain, the public entity shall institute formal condemnation proceedings. 1110 public entity shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. 7267.7. (a) If the acquisition of only a portion of a property would leave the remaining portion in such a shape or Condition as to constitute an uneconomic remnant, the public entity shall offer to acquire the entire property if the owner so desires. (b) A person whose real property is being acquired' in accordance' with this chapter may, after the person has been fully informed of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any compensation paid therefor to a public entity determined by the person. 7267.8. (a) All public entities shall_adopt rules and regulations to implement payments and to administer relocation assistance under this chapter. These rules and regulations shall be in accordance ,with the rules and regulations adopted by the Department of Housing and connnunity Development. (b) Notwithstanding subdivision (a)i with respect to a federally funded project, a public entity shall make relocation assistance paYments and provide relocation advisory assistance as required under federal law. 7267.9. (a) Prior to the initiation of negotiations for acquisition by a public entity or public utility of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, the acquiring public entity or public utility shall make every reasonable effort to seek alternative property which is other than nonprofit, special use property. HOwever, this requirement shall not apply to properties acquired by public entities for transportation purposes, including, but not limited to, the construction, expansion, or improvement of streets, highways, or railways. (b) This section does not, apply to actions or proceedings commenced by a public entity or public utility to acquire real property or any interest in real property for the use of water, sewer, electricity, telephone, natural gas, or flood control facilities or rightS-Of-way where those acquisitions neither require removal or destruction of existing improvements, nor render the property unfit for the owner's present or proposed use. 5 Co - '11 A 1... - /.3 'L Page IS of1S W AIS Document Retrieval 7269. (a) No payment received 'by any person under this chapter or as tenant relocation aBBiBtance required by any Btate statute or local ordinance shall be considered as income for the pu%pOses of the Personal Income' Tax Law, Part 10 (COIlIIIIe11cing with Section 17001) of Division 2 of the Revenue and Taxation CocSe, or the Bank and Corporation Tax Law, ,Part 11 (COlllllenCing with Section 23001) of DiviBion 2 of the Revenue and Taxation Code. (b) No payment received by any perBon under thiB chapter shall be considered as income or resources to any recipient of public ,aBBiBtance and Buchpayments shall not be deducted from the amount of , aid to which the recipient would otherwise be entit1ed under any other provisions of law:. 7269.1. Where a recipient of relocation benefits payments under federal or state law iB also a general assistance recipient under Part 5 (commencing with Section 17000) of DiviBion 9 of the Welfare and Institutions Cod. and two or more rent schedules apply to the, recipient, the highest shall prevail and any exceBs amount over lower rent Bchedule shall not be counted aB income or reBources for general aBsiBtance purposes under Part 5 (commencing with Section 17000) of DiviBion 9 of the Welfare and Institutions Code. 7270. Nothing coittained in this chapter Bhall be conBtrued aB creating in any condemnation proceedingB brought under the power of eminent domain any element of damages not in existence on the date of enactment of this chapter. ' 7271. If any proviBion of this chapter or the application thereof to any person or circumstanceB iB held invalid, such invalidity shall not affect other proviBions or applications of this chapter which can be given ~ffect without the invalid proviBion or application. and to thiB end the provisions of this chapter are ....verable. 7272. If under any other provision of law of thiB Btate the owner or occupant of real property acquired by a public entity for public use is given greater protection than iB provided by Sections 7265.3 to 7267.8, incluBive, the public entity Bhall also comply with Buch other proviBion of law. 7272.3. It iB the intent. of the Legislature, by this chapter, to eBtablish minimum requirementB for relocation assistance payments by public entitieB. This chapter Bhall not be construed to limit any other authority which a public entity may have to make other relocation aSBistance payments, or to make any relocation aBsistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter. . .' 1tr1y pub1ic entity may, alBo, make any other relocation assiBtance payment, or may make any relocation assistance payment in an amount which exceeds the maximum amount for Buch payment authorized by this chapter, if the making of Buch payment, or the payment in such 3n'1OUJ'tt- -, ~ ~_rp.lTui .,.,.,Ii ',ndp:r, '!!!d4rl!il 1..111' t't"\ 9AM.n:.....f-A___' 1u.ftAa... Page 16 of18 A 2. -/a3 W AIS Document Retrieval Page 17of18 72 72 . 5 . Nothing contained in this article shall be CODBtrued .. creating in lIl1y condemnation proceeding brought under the powe~ of eminent domain, any element of damages not in existence on the date the public entity c:ommences to make payments under the provisions of ,this article as amended by the act which enacted this section at the 1971 Regular Session of the Legislature. 7273. Fui,as received pursuant to Sections 2106 and ,2107 of the Streets and Highways Coc!e may be expended by lIl1y city to provide relocation advisory assistance, and to make relocation assistance payments, to displaced persons displaced because of the construction of city highways or streets. 7274. Sections 7267 to 7267.7, inclusive, create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation. 7275. Whenever any public entity acquires real property by eminent domain, purchase, or exchange, the "pur,c:ha.se ptic.e and other consideration paid by such entity is public information and shall be made available upon request from the entity concerned. 7276. (a) If a resolution is adopted under Section 1245.330 of the Code of Civil Procedure consenting to the acquisition of property by eminent domain and the person authorized by the resolution to acquire the property by eminent domain acquires the property by purchase, eminent domain, or otherwise, that person' shall provide relocation advisory assistance and shall make any of the payments required to be made by public entities pursuant to the provisions of this chapter in conformity with this chapter and the guidelines adopted by the Commission of Housing and Community Development pursuant to Section 7268. (b) This section does not apply to public utilities which are subject to the provisions of Article 6 (commencing with Section 600) of Chapter 3 of Part 1 of Division 1 of the Public Utilities CocSe or to public entities which are subject to this chapter. 7277. (a) The requirement to provide relocation assistance and benefits imposed by this chapter shall not apply to a purchase of property which is offered for sale by the owner, property being sold at execution or foreclosure sale" or property being sold pursuant to court order or under court supervision if the property in any of the foregoing situations is either occupied by the owner or is unoccupied, and if the offer for sale is not induced by public entity disposition, planned condemnation, or redevelopment of surrounding lands, ana if the sales price is fair market value or less, as L/ 5"l --'{3, ~ 2..-/.3 T <;;: -,-_. -.,,' W AIS Document Retrieval determined by a qualified appraiaer, and if no federal fUllds are involved in the acquisition, construction, or project development. 'Offered for sale" means either advertised for sale in a pub1.ication of genera1., circu1.ation published at least once a week or listed with a licensed real estate broker and published in a multiple listing, pursuant to Section 1087 of the Civil Code. . (b), At the time of making an offer to acquire property under subdivision (a), pub1.ic entities shal1. notify the property owner in writing, of the following: (1) The public entity's plllI1s for de-ve1.oping the property to be acquired or the su=ounding property. (2) Any relocation assistance and benefits provided pursuant to state 1.aw which the property owner may be forgoing. A 2-/c3~ ..l .L-..._ Page 18 of1S Exhibit B - State Relocation Guidelines ROSENOW SPEVACEK GROUP. INC, MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - F-6 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /1 1..-13(p 'I1lIe'25 · , ~arBu 'ladC.-.. It)DL: 1..",..._ .'* ~.. . i . .'....._....,ID_~ ".I>.. If . 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IICpIIm- iDl:caIWjeI.;......~-IIIil~'lbeJlIIIIIllIIIbeCllll- . (I)Pwtbe.-. .uIe,~CII'laaIol~IIliIRII,.......;II. mieit...lbDrt..,:otlJer;a..lt)cir......".....WJdcb.pabIIc~1III.Y __IWdie" . I 1.,~prv-I..........-.....ol~_. . bne...IW'ldI,.....~I....~...JII)'lIIeilIL . .iIidII,arlll)'..,.....~.. ' :, (e) '11IeA,i:tad tbcO-,~.II, ._1_ ~ fCII'1bebeallfttof "-iJ I (2) Pw tbe ..ol.....lO.tbe pdIIIc; . --10... ---t..:.-.lU....-.. I.... -. (3)-..........._..-A IL .Gr. '". . ~to.....~~.peIIDIIl.AiiIm~um-..uSllf I .1,-'" .4.~ -I . .... do _ ...~..,..1~ Iqjariea _lIth.1Ik af ............. (4) SoIeI7 far IIil JIaIP* of. ___ ooq-- ......_ <_1eCIiClIl Iiped ilr1be beaeIk aftbe pulIIIc'.. ..... 'Jbe Aiit, ~ mI Ci09O), far 8IIiIIID& ill die..... . uIe, .... . I '..... pnIllCII- , . 811.......It.~.I9'~GI!wblchfrH. f I~"-b!acd""',be ...ar.~._l-""I..af~r. 1 ...a-..... .,j.......~l)....... . _...4lDllllilcubl.ltDaL. ..;' , . . . Yic:elbytbecncdlllllld"-' . 1'ol. 0 ...... 1Jr....~cI1I*j.. , .....,.. ...1lIII_ cIIIpIay IIlacalDdiID 1be ,;. . till w!ddJ ., ol .1beIlblne~......_u . b.-l (e)~"'. r' ' aDiNllla&.. , ,. ~ A dweIIIaa wIIIcb.....1IICb aftbe faIIowIDI ~.... 0 . (1) 0... _ad -m.y (II ~ iII..A ,1~ 6008(c\));1IId 1\' , .. , ".It. lD tbe IIlqU\md dwtlI1Iaa WIt/J ......,.-........ of s-. ~ y hAhIt~Ii~~~~~qaBlllyaf.....-uCIIuu,_~",.r' ' It. Ch8ptef &..O"";"b....nt Of HouSIng end . 'Commu"" Develc........nt. Programs . , . , Subchilplei" 1. Relocation. _"'nce ...d , . Real property Acqulsltion.Guldell... , Article 1. Gen8nll . I eOoc.. ApfiIa_... sliperwckn. .' , , (I) EtIcepl. adieiwioe IIIllIld ill 1bIa.........1be n......1I.. , oitllppil- C:able1P1I!"''P'-mJ"''I','oI,lqa. .l.........afterlbeir~ d1lecllle,'-1'I.I977. ' . : . (b) Tbeie t1nI.......... OMJA..doIbole adapIOd by 1be ........,......... af HouIiD&IIIIIn.-n.:-...1!7DL..A.,. -....0=.-17.1973. '11Ill..... af ..;""'11 by Iawfal_ 16081 BARaAYS ~RNU COD!tOPUGDI.A'l"IOMl' TIlle 25 . ',' j iDl'OOIIII"'Ihiia~1b8D.tfv JJ.~~. Jf'" tha 111.1....:' (e)~b...4.~I.~ ~~~ ~ _..IIiId~ 11~'DewrkIp-.. ~ID""" ., Ii>- ~ liiI .... -. ...a.a. IIlwnh..& ..m; nrap..sP...aL ~",-,rIKi";"..~ Jk~, or ... AI...... "- eI!bor __ ar .... _ad.........,. .... __ bit JI'II..t JIftIlIIIl:7;fmIII_ JIRIIIIIlr.GIIIIjir: laa....-... die.......... dweDDI wIIb IIIplICllDpIbIIc~, (1) "'..-1111. ~....al~lD""",.pabIIc llIIIity publk:ad_..III1flcllltieal!lll~l'- ""~.I :e" . ;..-*IIIbe"'~ I .." at:___~.fIl.arla~ .elloolllllll L lj~ .w., _ JUI-,-:;'; 11114tt4 .. ~ llIIIity arbrlll7 ~ 1InIaI- __ . ~ f't!.I* Ilr icIiD& 'pI8ced ...-'i"-Ilr~ p-.. i....... ..u. lbII lIII ~of.~flIIIlIJ.Ilr.1!Ie-*a€.""-*tfialia.~ .~I""II~_~_be"lDaDfydle. .n. llIIIil)'lO___JIIIllIIII1....pabIIc-;ar,'. '! ity.e.r~ -dif1lle"'P' "pcaoD~'. .. . (2)~..lDiuJtof..~....I, A~.."'...,.~.. t..ac-. 'lb!I AcIaad ~I,o.tl..... do _ requiIe lbIIlbell'lJl'- c!wdIaI liYlty~by.publicClllilJorby.,.JIIIIIlIi~IIl.~ be ...,...lly . ......... Ibe --"04 cIweIIIaa wIlb IeIJIIlClIO 11M- wIIb or ICIIaa CIII bebIIf' lI.puI!Iic eadl)'a€'" j."";'il/I- .. wbich Ibe ,-..ftWI!IMJ ~ I' I__.~" "'91--' penaa doeI _1Iaft to ."" ~ ill IiwfaI "e" I ' J" ,,'" lOt,. ~ .d'. _die: diIJUDe.. ....~..~llIeIlD....: ......-~OU.b. .... '.Icaadl_ , -.....pmldedil!Oo.......-ClDde....'l262.5,1aIIs1llllg- 1iDas"1IIlilher1l.pabliclllllil)''''l'da,,dllldqpl~....1>.' ,.t=-_ cirll.-illOdIiJa., " " . '. i '.' . IICUlriIIlcI, lUCbillllellic ~ ....pRIlImiI)' to \be oc;llIII!.labI,'r1wn, : TbiI~ IbaIJ 1iI>_...d IDlbII,...dI....__...-It f_....OIba'IiaIOnd~~ ..' ": ' .ofpabllc.i:llo.IIIlC1;i..."".-..ro.-.&lIIaClllil.......tbeylledll- If 1be cfuIpllnd pelallO JriIbeI.'IlWlI)" ...-"1e e/l'GI\ obaU be pIIced ...-It of IIlllWiler pII1IcIpI!IIaD.... " ~ iii ICljulIIIiDII 1IIIIdetordllClllelllCb"Jlll'lOll w1ihin._lobilexlldllcndpb.:..b.ucI. ainled CIIIl by. JlIi- ponGl for ar ID ..L... Wlib.. pabIIc!lle ~.. " ...." Ibe replace- dwelllDa.1biD be iaIOaabIy wbere\bepubliclllllityitlllbirwie 1 __.4I11I1lq11i1iiIbe..ui--IY c1,,1D n:bdi..... frieIIdI, aeniceI CII' ~ wIlb wbom.1beIe it ID can)' lIlIllIIe public -. , . " ,. . .:, . sa aIIlias'-'. ~ ~.o'-"lp '. . " (3)f!aceplJlllllCllllCll'famIIIoaaflowaD4l1JDl1eft1elDcaile.liadormod (3) A..u.bIecillJbe pd_1IlIIl<et 10 Ibe...'f'-....... ~ 1IId&ftil. ID Secdcio SOO93 of die HeaIIb oid '$afeI)' Cade, wIID_ 0....,,-... or able 111111 pcriau...... ofrace. Color. -. maJjW....... reIipIiI, houIiII& wIdch .... DIllIe lmiIIbIe III lIaR.. . .-~ baIIa by . or lllllilllllll Oriatn ill . 11IIIIIIII: CDIIIiIIeal wIlb 11IIe VJII, of.1be ad' pubIlc .....". oid wIlD alequind to ... faD _ """"" . dis- Ri8bU AcI ofl96ll Cli" III)' Olberappticable.... orfederallllli-4ilcriml- ,pIIced peI!Iim 1bI1I_ ~ III)' \If Ibe ~, " " IIlIIioa Jaw. . " , " ,".',. ' (A)AaYpcI'IllIIwbjlbIIbOlll" ..Ji...dlDbela.........diIIO"'i,,-y (4), To \be _ JDCIl~ mid wbeoe .......-1 wIlb JlInFIpb ,oflbe c&opI~ .........11' ..' deIIIIIid iii, .. . ,,- . , (j(108(y).' . (eXI)oftbls IIlClIoa, lImcdoiillllyeqill....IlldIllbollmllUj__ (B) Any pcI'IllII wbo la i1.. .1 ........... .-... I. .. oflbe""'P'....... as !he aOqu\Jed dweIIiq, lllIlIiot,~'" -Iy Cll.-uaed....... -.dweIIIo&.upuvlded IUlledllli Ci034(b);. . ' . (S)(A) WIdIiD Ibe fiDIocIaI meiIIIof'\beclllplaoed pOnlIII, A ~ (C) Any pcI'IllII wbo 0:' . ."'-' IIie ..+1;)' for 1be.-l-- of' obIaiD-, _dwelliDalawilblo~lI~oIl1l1lia1of.clilplac;edpCnoalflbe iDaJeloecloolbeDefiullll!! ", ..: . , f. " . JIIOIIIhIy~...(lDcIudIDa udIIIioI adellb......... ..... J'!lCiInIDa...- (0) Any)ierloD wllDla iii c 1~.4 or. "<P'llflad 011"-. . '- bouIiDa: paIIeI) mbmaaDy''''P'''''''- bouIiIIaJ*)obodlllYli'lable.llilbe JIlDRI ...-.......piojecI" IIId .Ih..q"b~ Iifo... .. Code IIltIicm (u!'";'.Jd04i1111lC1iaa6104)...lIIitlllcelldtbirtypen:elll(30lJWof '7262Jllellllll;or" " '. :' I..., ,',. tbepeI'DI'i,IftIIIIlDD1lblyiacaime(..'~ID...'-"...6l108(1)). ' , '(B)Aay.pcI'IllII_ziD&pdWIIO~'(DiIl=.' , ~IO (B)Forhcill.ol.__a;al"l"~~lIwilbiD!bI!,""""'.1 1"1~beadIu.',.-Itafll! . 1._.' Cll'demoII- _of.dI.....~'JIIlIIllIIIfIbe....~priceoflbeclwelliDalliclu6- \loa JII'ClInI1ll wIID'lI requbed 10...... Iia...... ,Ibe iIIap1ao1aa inI n=iIIed b.. 0(' iIIlIRIt coila ad olber.........o\oIp~P""""'1DcIud- ..,acy'alOUlille...........-II-....". iIoaaIDaCll'~~ mdIla inI cIoIIaa....(.de~albed ill IIlClioI! (102)'" iIcIll:lClllllllbellllal ' Ibe cOde ear...~ia IIIldenIi.eaflll;lbepuqlOlllalca..m. "'opI""'" oflbe _ afloat ClIIOJlIlIIt8IIoa JlIOYided Carlbe ~ acquired ~ iD ......;......... wIIb 1Ii.....n.l~ ,....~._-..cIioa, CII' IIIId 1be."""~booliD&pay1IIIlII1.nillbletolbe~(.)IIO- .......-'""'-JII'OI!IIIIlCl'JlIV.Ieca. ". I .' .' YidediD....,(102)... '(1')AJIIlIIllIIWbOlallllllllqUlredlDlIIIWi. '':JCII'~-Dy , If.dweIIIIIi wbIcb lIIiIfi""lbeIe IIIndInIa it _.vailable Ibe public as. -.Jtaf\beprilject" .......Ibey lIeaod&ed Ibey 'lim_ftqIIired llIIIity mar CCIIIIider.d1Ir:IUoa wbIcb ~ lIaR. ' ' , ID _ ad'1be pIIlject dOlllllOI impoIe III , cIIIDF ID \be (eI) Deceat, Safe mid SIaiIaIy." c:iuaa!:ta' Cli" _ lllbe~. '. ',' . (I)HoaaiD&lalllll!ld.cIelIIladwaJberdgblClllldill"!'omllJlldtepialr , (GJAIi_ D~~'I 'wIlo__'..~'a€.. ...meet- sad IIlIeq.-iy Nliob.IloL.d, iD ......r....-c.. w11b Ibe 1ppII~-_aad IDa Ibe ..."u....- of 00......- ClDde.... 'm7, ' 1ocaI.......... J~" d..... eIecIrlcaI, IIoUIIDa mid (on I:" "")'aICIeI CII' C&>.~Tlle~IIl-_CII' . J lIIIII1abod'e , IlmIbr a.d1 -. . C1C"'I"t.tIftoo ~ wbicII_1be folJowiD&mIzIl:.: Of. pcnm,~. ~"dweIIbI&.. , _ iD , 1iIma........... ...' . .~dweIIIDa.""'~.CII" Alt-...- a_of' (A)llacbl. ...J"'....ualtobaUfDcIDde.kill::tieDwiIIJ.faDy... .{>o.~ 'l.d~...or[DlijI ....on;.......Jinjeql,. ....~,. ."..._ 1IDk.._....1 ...vmfar.~......ad "'.', ':"11""'..-. . -. .n..........,1d*Ia.. ~. ......ta IkiI1dI _ Safety , bot IIIId ooId n\IIIIioa _ iD licIIb ......- mid Id1cbea, III .....r'.. COde seed. iBolo. CII',"', lIIiI!o"-'" .oi.. -,fI:: -,=, ......11. cOmid-, -_ widD&'IJIIIlDICarllabliDlad.....e1~ ...mc.ad.. ;.....,lDbe..~IIIIIIerSllle!ft'CII'_be wiIboat.. IDa .'III..,dbjclfJlllllc -...,. ad.... oodea. . 1IIIDIiI\.... 111'," .;. , "I .. A '!'"'. :rbe decal, , (B)Badl~.'" ,d .._lIIIIIbela...4""_wlda_mld. --lIIIiIII7lDbe.~ .... ". ' '. . . 10caI oode~'" Car boIrcIIq IIoa-. boIeII ad olber dwdIiDp Car A 1OCOIIll"'1baII be .......0410 tlIl.4.... Carlbe par- d , CIlI!&RI*IhIa&.... . :,' . poIIlaf-hII.....~I'arJIIJ_far__..~ItiIaIedIllt- '2.p (2) WIleD die lam decoat,.are ad illlllalyia iDIeIpnled, llliderlocat; Pa- (. pvvIded iuecliaD 6O!lO). . . ' , \ 7 _"'M...llaw,,,"",IoH",,,,,,.bfPerlllliidanl,"~--lIfllllil. (h)"S: .-<GkReaL The_II...1ilaIIIt~~;"'; wiIiiId', t..... ~lImIIIiInl.wblchl:lClllllllbepoolablofl4...,.lI>(1)oflbll~ baftlDPlYCar.~IImiIIrIioIbe'acqai!edd,. -...ID. . -, r' ~'ll!J,IIeID..o..... '.....Aaallwblchil' ,..Io-'byllO_ hie.... . . ,':' ...... 1hID Ibe .._.I'"-~...1RiIDbCII'IIJieopIeI\lllWed ~die.Stare~ '(I)JlIdedyF--"oIcI A ""'oehaiiIlawblcblbe.....arbP'...' ~4or , ,.....""....-n.k o...:!. .fU.Li......_IftJ._...&I,,~.witb..tllfu'----.JlIiftvL,. ~..,.,-.....ftIMp . , . 'l1tIe 25 ., Ileputmem atBaailllc ... c....-..Jt). ~..:...:. "llIC J'nIp_ 1'012 , Q)fIimII7.TMiarmaieiMldl-'- '.wbol>ybioad, ."....... -1IIIt~fw1bc;u.,-<l"""""'" ...L Iltii- iilII. ar............1iYe ....... .fImII71111b. . ~ . . . (t)PlllllOI-....Aay~.. ~ ~IDIIIyCl'~fw1be , .~. .af_arilae.....' . , IJIIIIlIIcIIar, '''''''''iIIUd- 1...........-1D1IIei:dlodo.......a.; Clalk_ iDl1Ida.far..~~~~ .....~~~ ~J(A)"""'CI),"""""""",..--: '_"pdarlO - ar', -"",,* ",.., ... ...---"ID "".....--.. --,.__ _, J, 1-... _." .. .... ....bel ~ ........~) 111'.... IIIIIl1lriiIIylD1Iaiut-........1IIpplIIt. '.................,--.' .(. , ,.,' (I) ar.1Dcome. ~ iIIcIlme _1bc 1lIUI ~ lDcome of... NQII: AoIIaII.Y dliot...... 5048),........, eaJ. .. . ..... 'iDdMdUOI. arwblre. Jamilylo """~ ~... ~ Iaoame of1bc,.... "''I2fII(b),(c)CZXA).0Xl'ad'l277.0. 00lIo;_ f1\IOO,C- .... arlllah.u<ll L ~ "'1bc~ " h....:.. ~........IIllII7.I....IIDIO..U..3.lIeIIIbadSlfllly (I)A'-L..A. 1L...afS500far-z il.1 .... .t1a_ar1bne. . . _.' 1IImJIy. .". . (2)A."-1 .L..ilftalplll=a(lo.)ofaallaoameforallelded7ar ,I.' . ,af~ad""Nonl""&-~;......,..n....,(Ieiio. ...._IC .1~ lh I ~ . -~.Na.3J). _ . ",:.". ..: . (3) " """'-'-a for IeclIIIfDa, ......-cIiW7l11lld1C11 lOlpellllli, ~ ' 2.. . .~ . 'ad . ' <I.....'. L_ (0)(5).. 1 ~(. fiDed for tbII p,apDie 10 meaD mrldic.hlli' 00111_ of line per_ . (0)(5)('\)-(8)"" - , or' . (1)(2) _ (1)(3)(D) IIIocI CCIIlOr"'iDc:ilmo,w\IllrellDlC--', -fwaranaedbyh-...... ' lo-,.,.........II+!IP~".ND.41j; , -'- ....... -......-..- lilno. .PrIor' D~'rm.' ..-- '1&. ar~Miurcea,~u..-...... -cr_,JCC6....,i..... ... ......... (4)A~of,..-' ~oblc -JIIld for1bc_orc:hildnlllar (D) DUr'- No publlcClllil:y~'pncaed wI1hq p.e Or. licl<ariDCapodllliedr..aoy...4QIoM...... ~tobel :t ' plUjectll1'ClCberKliYlty.wbic:llwmlalltill1bc......~. ..aronyper. 10 ........)_ Df1bc bcI<l ar IIpOUIie, except1bal tbe,_ ~,CIelJ -. ~ arfarin l1IIlII il.....1bc faIIowIn&~: ' , 1blll1IOI-=d.. IIIe aiDaunl oflDcome RClhed by IIIe per-.IIIUI 1&-. (I) M_ ...... .-4.... "'''-loa ~ wID beplooldellloellJi- ICl!Ill4 ,"',;., ' ..' bIc peIICIIII ill RIqI1ired lit Anlcld DftlJe (InI~ "_. .' . GnlIi iDcaaic I. dMded by lwei_ 10 IICeIllIbt tbe..... -"Iy (2) A I"'< ..i,,'D -...... JlIOPIit lIIfafDa the ienb. dcocribed 10, iDl:ume.ReIooalIoaandpuJlo!l,ocqaialtIc!II~_lICIllObe......,ArtIcIe2DfIben..LLII_wDlbe""'1W-I, ,i.',' sidoredu ~ farllledulo.. . "lOuor6Dailciol1liellll.. (3) EIIi1b1e peIIOIII wDlbe "" ,.. l) L4<..,..d oftbe _......... , (m) ~.............., HDlI!IdJaId A ~,.... DId 10 which'lIIY member II bcnelitI, poIIc:IeI, prIClia:o' aDd pi~ Iac1I1lllDa pieYaDce Jnce-, "~ar,d1..1.w , ,', .., '. " dara,]lI'DvIdodforill__~ '" , .. ' (n) In11~'... ofN~ Thelnldal wriIIen DfferI1llde by lbelll- (4) ~ upcII!lIlCzaJ IDnCJ 1IId,IIIIIJIIa af bJdtlbe bcinIiJI&.-II quirina endtY JOllie OwaciofRII.._11tn be pun:bued, artlJe owD- ofpellOlll wbo wDl be d1'1"......1IIlI aaIIobIe""l"~' _or bnaIiJJc and ...........:...dlolI..... ' , , '. , " , f'" " be co.......m.o -~ for _ ""'""'a. .,.4-obIe n:pIace- , (0) ~_.. . od HIJIIIC ar hfnhlWooono AIlnIc:Inno cIeoat'bed 10" .menJdwelllapwD1 be.niIabIe,arpnMded,lf ~~. ,. witblnue.- ", , HcIIth IIIlI Sorely Code 1llClinnI18007 IIId 1 BOOB. '" IIlIIIbIe Jieriod of tUnc prior 10 d1op1,_ ~ '" 1IIIIIIbOr. IIize .' '(P)Mcrtpae.,Sucbu-ofliem..ue".wuODly&iWIDtn_ lIIlI_for1bcell&illle. .peIIOIIIwbo~. 1bem.....j,' , ,ad'_OII,arthellllpllid]lllll:llaepli:eor.RIIJ111lP01lY.fDFIh<rwil1t . (5)"~ Jll'lI'iIioaIbne -.1IIIlIc ID pnMde cmIcdy. tIaieIy. tIJe aedlthNb"";"'" Ihny. ooc:ared 1bcnby. . : , ' Inrd eIfIc:Ient ~""ri0ll of eIf&ibIe pOnnao ID ___.... '"'P'- (q) 0Wnllnbip. HoJdiDa,IIIY or the foI1owIna lmerau In . dwdIIna. bOIIIinB noiIabIewithautqlrdlD..,e,caJar.n:IIJian,.....1IID/I1I11la- ar. ~ to pun:buo aae oftbe firIt ~ in1aaIa: , ,1111; Dr IlIliaoIJ IIri&In wiI1t I I........ boniobIp 1IO ...1Irected. ,(I) A r... _ ' . . " ,(6) A ~ pIIa -=a the lo.,..h........... of ~ fi038 baa . ~.~::loac. ., ,",' '... , " ,-:;=---N~_Clllil:y...;yrRcDodwlthllllY.~of. (4) A ~ wIth.1aIt 2Ol'CCIIOrnn liDm Ibe ilote oflCqllillljnn of . ~ ar..,y ~ ICIiYlty wbidt wDllalltla tbe ocQuioIlinn ar_ thC~.. ..., JIIIlI*l1I11d It cIelamIDeo tbIIt wiI1tn=lpeCl 10 SDdlllcqulllllcm and 10 . (S) A pmprielal')' InraiIJ In . conpen1I~ housina pmject which In- the... - P'"""""""'.. " : c1udoa the riplto CCCDJI)'.dWel1Ina. ,', ' ' (I) Adoqaarc JIIO'IIioaa bne '- 1IIIlIc iii be pidItI by IIIe puVI_ (6) A ~ inIa10It ilia mobI1ebome. . ' 1i0lll of ItJdcIe 6 of the l1nloW"- IIIlI . ' . , . , . m A, '---~'lPkIln1aeIt with all op1Icm to pwcIwe. (2)1!IIaIbIe penctIIwDlbeh4\.-4oftllc ....tlu...lleDefitt.poIIdeo " IIItbec:ueot_.wbobull'l'. fed!Dqofthcfcft&olnainlClelto ,1IIlI.~~<ltlJel1nl"'_ "-J" ,', bydevlle,boqueot.iIIIlra......ll1'Op.;.aa...<lIaw.Jbc_ofo...._ .' '. .' HImlRY' " . lbIp;'butllCll~., ,_._y;attlJe... ""'._lboI1iDdnde1bc_ 1.1.-' 'of.' '1IIi(l>)_II-5-76..., .,-........OIreC- or thC llCCdInj& -. -. . , ," . dft 1141-76 tReIia' 76, No. 44); ." ' . (r)~AllJiDdi*ra.itDy.~...;......~1bnitedB_ .2.~oI"'. .. _~I~71OtiPlor77;No.~ ' ,11IIII!;J~adou~_ 1 'L~:" ,... .11012. .CIIIIM.....II~.. '. , I CI) PublIc EalIlJ.1DcIudl:I the -. tbe Rqems oftlJe Ulli.-.oIll of. . (D) AD~ wbo wDl be "~....j;.I I ,~ aad Dr ' Cllllfaadi.acollllly.cit)'.~IIIlI~.dlatticl,plbllc:IIIlbarItr.paI>>- rei I clliciG 0:........... J.n'~ F.-. .......ludItJ.., IIInaid be;-- 1Ic "IlIJC1; aad ony oCber paIIIicIl,lUbcIMaIoa or pIbIIc _......otiuu I1J -..,.4 t'uIJy IlII! I. :. I ""'"'11J ill ....1il:Ii- m Rl...;.....1be nloca- . tbe.-when'-"'I.dr.b.&IIII1J1l11111l11j.arlllY__1IIcnIn,aronloliD& Iicm]llaa II1II "I(,olh L,,1bc~""__ JI>,,-,-," ' 1baI......Lod..._17 ~.... btlllYdtyar"~forpabllc__. . (b)Wbcn. ......_.,.,Jallberaf~wII1 be....,; .,JiiODtlbdr CI) PublIc Uoe. A_~wbIc:b JIIUPl!Il11l1a1be acqaIred by ~ ' dweIIinp.the piJbllclditylblll_...Ibe. ". _ "'_....__.lty . ~. ...' .'... '. '. . . . UII.~.dl.A~iD1be,s'Pl... .....lOfcxm.rr1.~u!"...."I~ {u) Tcaaat. A pcntllI Wha JaIlI aria clIbcrwile.lu JawI'aI po I :nUt of . The <<J .,i,,~ IbIIJ iDcIude, WbcIt llI'll'L-'" ~ .... .1... 0.- oem- . ' ..dweIJiDa, lDcIudi>.& a..... ~ wblcl110 DWIJed bY, --.. pIIIII, J'l'OL.....I~ III1IIIII, ___ peapIe. ad ___.J . af ciIIdaa ar- . Co) UDlawfid 0ccupIacy .ApcntllIiallCllllidcnld!Dbeilll1lllawlid _.......1,,00. wIdU Ibe... JaJleu, <I, .........L..rCri prtICllII 01 cIIlzea ,:uplDcylftlJeper-.habeiloanlentllO_by.cautoli, ,'" .1 '.pank:ipItIon-,pab!IC.....wI1Idt!lbcl,...~ .. 'ar_h." II..... ,juolllllc:;1ioaorlf1bcpcnali..t-.cy.... -.lawfuDyla11lllloredbytbe cIt&cn ~ ~ Iii ptofinCldltlias-.,.a., .~d pI..._ ' ........far_ tIJe _bu WCIIIldJbc JIIIIIIiIa. aad1be1&lrm!notlaa 1lII)' IIIbI1Iture Il1dt ~ Ifltllliltica Jbc.j....,.h........oftbla llllCtioa. ' , . Sc..-l%...,.A2.#/.3i . 6014 ' BARaAYSCALD'ORNJACODE OPRBGtlLATIOJiIs' '~2S' Article 2. ReIoCetIOnAU......AdvIaory Program ancI~riihce of COmparable " RepIa~ent ..ou..~ '.. .... I'urpa&. " " " . '!'be Jiarpooe of1llla ,.,~..._bth I......~ wilhRljiac:t lIi'tbe. ~1 .~-~ 1JIId:, I. .<l-"'L.,. _ a. J......~ ....~ .~ propam faclbe pI\lriIIiIa ol.p..i..... asvicet ..r...P-=dIIe lbeobll. . pIiaD Of. pabIic Gitt IKIt ID ~ 1lI".,..1I!e "'..... .. . of my ~flumbladweDia&wIdaladolll_Illlllce-'__......-.obIe ""Ii . - iIoo.i.w la aftdJ8bIL" . . ~ RtIa 'lkIn.i. i 1 >1 ~ric. AdvI80rr Prognin.. .PubIic"'Ibdl~1II1 t~ ."'11.4>-:' ...~....-Id- , 'YiaoI7 JlI'OiI!m wbIcb IliialielIbe .~~.of"'" mdcIe -.I or 'I1de VI oftbeCvll Ri&llallaorl\l64, TIde VJD orilla OftlRlibla Jv:t or i!l68, the UDiub avu RIpIs Acl,tbe Rmafanl At:$. -.I wv..hl~ _aadfeda'81 ~lawa. SacbJXo,.._.IbaIIbe'adridn- iIlInd 10. 10 ~ advIIlIIy IenIcaa wIIIaII oller .....1....... .... _......I..I..A_IbeJ..nllldpor...' "...lIidia~Iba(a)a11 .....-. dIap1ac..d lium Ibelrclwe11bap .. nIoc:IIed bo ~_- IDaIbe ai1ala fex~"""","""""'~ aod (b) all penaDI , dl.,......&am lbeIr...of~ IlI"fmD'ilp..;lldi-...lIIaiIIOd In _oloHohl..,Witba ...l.A....... afile1a, aadlaoa af~ ,NarE: AIiIalt;, daod: SaoIioa -. HooIib... SafIiJ Cade. ~ Iiae 7261, CA....._ 0Dd0.., .'. ',' . .. " "HJm:ay . . l.~- " 'al-"'-NonlIll!olI-J2..97;~*l-ll~(IlqiI- 18CI1B.Reme4I-. , . ...l17,No.33). . , ..' ,,' (a)If1bePubIic~bUDOlrUumedlll"lIncillubalm-.!allyf\dfi11lnc 11Ili34. E1IgIbIIIiy. , '..'. " iu.ft1oc:oli0Jllapaaan,mdel, it 1IbI1I..... d/""~ .mllllli1ll1Ch IIaiIe (a) ........... __ aad bOaefilI aba11 be ~ Ill: .ita.., ~_MfiIIed. WboalllpplUJlMlepojectlmplemea-.' (I) Aa)'pDoa wbo ~ ""~~ faoin wbk:b.. wD1 be c1i.. 'laIiallbo1lbe..ap .....<<.... I 'f,' " .:.' 'pIaced.... _" . .. , ,(b) EIiP\iIe jIi:Iua who moVe wiIboal oIfen or --- aad beao- , (2) Aa)'...... Wbo wllhaio...rmm real JIIUIIOIiJIlI"wIII1IIOWihla per. fit&; aftor die pabIlc eialily -- RljIIRd ... aIrl:r -~ Ill" -..... 'IIIIIO! JIlOIIi:n7liomreol propoal)'. beCIaae be wID be ~ fram oJb. sbaJI be..,mded IIII:h .-<- aDd payIIlOIIIi'aal. wbeIl ~ uJal JII'CIPCIIY 011 wbicbbe .............baaiaoii Ill" r.,m ............... ' "". .. lIi1a for-.....'.~ inc:umd. '!be iii........... CIIIliI)i IbaII (3) Ai!ypellClllwbolDllWlifnlllllal......;..tt...-Ilofl..acqalaI. mab ever, eftWtw Ideadfy aDd IocIIC IUdI penclIIL , lioa by . PullHc eaIity wbclber Ibe IIicmlIl ~T CII' 1awhiiIIary. (c) A PubHcadity aiay 1IIf. .........-.IIIIIGnIey.1 feea aDdCOlll (4) AD7pe11Cl1l wbo, foIIOWiII& Ibe _....,;; of......1 I...... by.JIIIb- aud la' 0ac......,..A to CimaIdor.....1O wbOa · -.-.pI....... ~ · lie eDIity. _ illbe ftlIIiIt of 1be)lOlldlDa ""9"~. , "~~appeal...judlcialacIIco. " ',' ' ~AilypellClllwbcJ.......Ibereali1t..JIllIIlIID&8aJlllal1iaD,~ (d).......--"-'-~-~-~-iII.....--..-la_lnteDdod...dis- ' """--'-'---'--' ................... on ............ ..... ........ h.llto"oa or -tIoa by . public eaIIlJ"liIbw ......._.... '-'" '" . c:ouraac'" pIIlCIude Ibe - of Clllluri:meclii. COIIIiaIem wiIb Ibe im= NOIice of Im= ... Dlap1ace (_1IIlllIka CiOI6) 1lI". a reali1t of Induce- of~ActllDllnn;.;..HftH Ratberapubllceadtylleacouraged...coasId-' _...-... .., 'bylbepabllcCllllil)i;' . u IIIIIi odopt 0Ib0r...-'" '. (b)(I) ~ -. Iboae wbD 1awfiaiIy oc:cupJ JIlOllOIiy ClIIIy aftIt. pabUc_ ocqaiIa It, arwho Iawtia11y OCCIIP)' ...,.,.Jt) aI. " .. Law Ia'Ibe pri-1l:qi.IaIdaas af ..~ bi a pllP.Ia wIlb".,ma..... 16011. Prlorll;Of..... . " '. ". '-_......-w:..-~.Ibe...........ofR J.,.................OI'do- If.publlceml1JlIIIlIenaba.plDjectwilbfedonl~.hool- -...... ____ow r-r- _ _ .__ '-dIla' aDd baaefiJa ~ of Ibe papCnJ. lie J!Dl'e1faIb1li for..;....;.. .. aad ._t' aad~IIIIIIItJllO'idl'~ .. " , .... -"-~.................n K.~-tbe._..... ~:, P-lbe.. d1~ quindbyfedcril.....lbt;prarialaaaoflbeJv:taDdnnv II 1baII,IIlIl ...... .....-.-,-- - _ _ _ v, IppIy;batlflD~IoJl(OYidenl I~ _.t.r.L_v 8llllbeaefitI..-cJ'. .,_ .:....". . ..' II DIll lmpoud by ledaa1.....!be pmliIoia or Ibe Act aacI tw.." .... . - A pabIic calIl)' aba11,iDfaim p nA ).1 IIL.,..-. _ ..... tbe . ~"'olMr" _nl_pad,",..-ft)'ilbau14~.-.-. '""9"~'~ol_""'1D1IIIa.. ...IL.. ' '..... " . (2)Y!beatbeAi / .. "aI.~ l . ....L_.......-.bIrd- .18CI2ll. SewrBIIitr. " ,lbIpfor1bll'-"~af.cIiJbI""""",,, .-""'P. ,itBll)'~lI.""'lIfIbeOl'IIW;-II'Ibe.Ww.w.lbeIlloI'labeldfD. hdhi.dtT.lactaf-'_IlI"CIIIiIlr "":'" I., ~, die dI~..... wIid,'lIICIIlaM1lditJ aIIaD IIlIlafrea(OIborJlRl'ialcilllirW~ of . .ealitylballpmldejO<lo ~Iua 1IIMIuay"~I"., .. ....lD)'lDlIadilcle- die ~""'"' wbIda c:aD be'.he. deat WIibaat Ibe laYa1id JlIII'IIlaaI IIoa. pnMde aIber_oI ~1NOOIInOr bialfIJa. Jaa IDCIa ~..... II' ~;,Il,,.ioa, aadI01IIIaeadlbe~liaioo.aflbet1nloWl-aae__ JiaaI.,pabIIc aIIIIty Ia IllClllll'BllXllO,pnIride adYD'y...A... -.I able. . . . .. ,. . .., . ~forlllllftD&"'r' .. '_ A2-)~O., If ...~... ,.a.11IIimber of ~ wm _...11..' ... flam ... dwe1IlaIa tbe]lllblic eadty ..... IeaIIl ~. aDd abIlIiaa diead- . vXcof~_'8_". [')'~. I "'l.o_..sIlllb,dlel"'- ..101 ., plaD.......IDc:Ia,...-__..1 I'" ..s......IO_.1_.AII1..Jt.. Ibe JaplId'Wll!1ll1ifac oIj),.oI>lBI. (See __ Sl3I.).. , . (e)At..I; ..diedl~IlIIIIlyIba1l"",,"""lbefallDwlal:, u)'nmoIy.,.lliJlI_IDaII '" "~lDtbeJ"" ...,.\ pm..- A piIbIic ~ ID)' ......., .-ict _ ... -W when: i1>.. ..R ....I~ 1lty II )imIecled-by.... IlI"lIacllaclcllunl ia ............. by~' .' ,.' The ~1-.t:IItl11,.... __ tbIt Ibe L4..~ In -...-" tbe JB1IOioIoAolwblcb -.Id~iIi.l'~ L...5oflbeldoDdlyof.... ' hie pea-. II pmridcd In . -"""Ir-' ... a'IIid -..:b .s;~ TIai.obIipdaIalli.wIdh,.;aui-"L '<Ie..uballlKltaft'a;t tberiptof \be JICIIGIlIo wbicb tbe Infu.......... ......(.....,. CIIIic:r pcncIII...... rized In wriJIns by aucb pcr-.)io blIpect iuab ~ --",.' . , ", (2) 'IbiI JIftI...... or 'to" I.. ..... ~ ,~ i ...lIIIeI]lftt eJo. _ or Ibe R'1ocatioa pi"!" BIld CIIIIu peniDeat IIlIIaIaIa. (3) ~ ript 10 oabmIt WIkiea or ana1,~"" --. -.I ~, ;,;. cludiDs the risbllO .abmlt wri_, [ .~ .... llIIlbe ,..-'-oolftn p1an0lid 10 bM'lbeIe _ --1iI1be p1anwbc:D k II forwmdedlO Ibe. local JePIadvc body Ill" \be bead Oflbe _ apa:y for 1IpIIIImI.' ' (4) I'nla1pt, wriUeIt aaponae ... any wri_ objeclilllll or criIk:i-. t 6014. 'p............ 10 DI'8pIalleai1en , N!l jJenua IbaII be dlopl--' uiIl1lbe pub1Ic~1J bu IIIIfiIled Ibe. IipJiona impc.od by the Act -.I Guldelhaes. ' , . ~1IJlI:'I>'. '. See- . , '11IIe 25 , o...-to-illllBI . J....O.......,..~n....... IPI~_ ... i3>WIIere.PobIk;~.ar.._l.1li_Il....~...... libIe ... .. . .... 1I;t.J1 .' ......... wbO ....... ..... .. '~lIf. WJiIIm..framllle pallllcllllllJlD_iidl&tittan. ,JocdJi' " - -IIIIS b-*III if1be....1II 1ICiIIIl III"'" ID. pia '10 ~ ,.,-"""- ar ....lIIe_ fIllIICbllllilL Nllm ~. _. cIIod: _ 5lM6O.1Iooid!'" SdoIJ Code. D . ..... . liai 7J6O(c), Oa, .. [)Ida. -, ,.. , . ... . "'. .L''--I. . . I.h . ar...........NomIlodI-12-97;......!l-U47C101it- IId7.No.D~' . t IlOII. ~...Ln.... Deulllon. If. pabIlc eaIllJ'1IDlIorlaba. pMIoo~ ar"'m ~;''''' JIIllIIlIIIl mi. .lIlIIIIt . peI*m ar }>...I -fa "IIIpI- m.m ~ DWIIIId JXlllII!Il1....pIbIle eallt,y lIb8D pvvidc,' ' IIIlI beaefila.lh per- ICII ar busiDeIa Ia di1p18Ilild by IIICh -lIIIlIenIIdaa ftom .......1.11l> quinod by. \l!IbIiceDtlty. file public eaIllJlbaII pnwide ""_,1IIlI beaefila. . Nom: ~ _: Secdaa -.lIooIIhad -,.CIldo.R,( dclII72liII{c). 00._--" Cado. , " " HJsroRY I."'; I .ol'ioociIci..-....___Ncmfllodl-l2-97l_ ' 1iwe!l-II47~1I7.No.33). " IllOlII. R.lcllllllonPWI. ." (a) AI ioGo II p..aible fo1Jowlua lIIe I.,;liotlm ar aerl"liOlll ... priorJo 11'. :..."... wItb my pbIe of. pnIjel:tilrCllbei l!CIhity 1l1li wID rcIu1till.......~ ... . pubIlcClllit7Ibo11)11e1111e' R~"""""" PIIII mI , IIIbmlt hlilr ......u...r IOlIIelacalleilialaiwbody. arID lIIe -ar:._ ll8l'DC7.lhe beadoflbe.".:y. ~ lIIe pubtic:CIIlily'. ai:lloD wID cIIIIy remit ill.. ~~ IIIK1IIDl ofDDD-fFa"" ~J~1 M~.. - ........ pIa:iIIJ IlIIIity lIb8D ~ II requiIaI by IIIae GuIdoIlDoio !IIII , - R~ Uw wiIbwt"""'lpH_ willa JbilIOCliaD, ParRlidoa- ."1lI1pm,jec11f1l15 arl"''''''''''' o1olo,lIIefidJ 1IIlI1llCUIaIe' .,a..!lIIIof me Model Jl.~ PIaII HCJ>.-&3':{_), wbic:b iI m......-1IlId by .......- IIlfllltfanbillf1llJ.lIb8D bel"'*'-41O belD """",H-wiIIa , tbOpl-"'a ~'of1bla, oecdaa. CopIa oflhe Model aa-- , 1iaD..PIaII' ~2(6419!1) ......u . lhe h.r... ........ Nodce H(D..&(6/8I9!I), _hid! iI iIIcaIpanIed by refenlIIceiu If lilt bib ill fuD, 1IIII1\1li.~ fI1Iai lIIe n..,..&>...a'11I\IGiIet web IiIe . www'-'-pv.'I1da rGIID'~ ~~.. J ~fflam the n..,-tu-4 by ..I?......... '1~323-'12111. '., . . ': (b) A Rei -tIoa PIaIIIbaII iDclude lhe foJJowiDa: , (I) A ....~... ......1keIdI of lIIe pnIjel:t .... (2) P,ojo.;k.d __: ar oll...l",",- , (3) A wriaen lDa!yJia of !be ...~pre ~1""'1km IIOlldI of all perIoaa . to be d1op'_ (II ~ by IeClioq 6048) aDd. deIalJed"""I....,;...' ..1O~~IlIioida_lDbe_, '. ' . (4) A wdaai 1Da!7Iia of.e~CIII boaa:iD&- (uRllplind by 1IlClicaaSlS2): '. . (5) A deIalJed ......liAiao arlbe~OOI ad-ftIar7..me.. JIIIlImIII, , "-:1..,,,"1 eplcillc JlI~.lbo: 1oc:a:liDi 1III!I.4e.do.s eIlIibk pea-. 10 ........~ 1'1"'---......... . , , (6)A~oflhe,oI., .<i":-peyaaulObellllldl;(punuaut1O ArilcIe3)Dd.pIalilr4ll"~"'. '. '. , (7) A,ilaat....I....,'" liIr~ _!be pia IIId lNNlfI-<onarlhe _af~. '~faaiIa.. , ' .' . - (8) A deIalJed pia by wbIcb my _.- boaIIac (u ......."hed ill . 1ec:doiI6lIS411111 AI1IcIe.4) fa .. be baI1t IIII!I- . " . , (9) A~h4\....iidIw ..., -~.IO be IlIItIO aII_ .wlJJ be.....~ ~l.v" Ad (..........ct bylOClillll~. . . (10) T~-7. p.......w.pIaa, if"'. . . , (II) A -.1~.ar,~ Itwo allIce ".....a... jlt.......... . .' (l2)l'Iaaal'w~'...,.~;...!.ia' . . " . , (I~) All ................ aflbe CCIQo<fl "'QIlIClfrillei liIIlIeniar (pur_ _iO__fOS2): " . .04)11Ie~._. .J11t.~"pW.tI_'........' tUv.ffllDJ"(pur.-.atIO" IIicdaa liOl2). A 2 - / i I '..... '(l5)A__: '.-... .by-pabllc_1batlbe~ .................. I ,. i ...d.... . (C)A.......~''''.lacaJpalIIIcllllil7l11111bll.. . I.. 'wiIla1be 1DcII.....~ . " '. , (d)Ia..-afdaJayaf....__JeWiDiIIe 1'.,1..: ..... ... ar_:ooI< lIiimpapllD.-plaaoloallbellJld*d)lliar1D1.." ._ 1iaII af", JII1IInI!L . . '. . ," (C)(J)Capioaal1bepIDlbaII be -~...~.a.w ID1II",,'" ...LID ..~....J",,,, 30"" prblD. jnhnIo.;...!OlIIe IDa1letfab1hc body or bead ar_ fIIlIIC1li1r......... CopIa oloaII be lMillIbJclD 1bcpallllc 1IJlI8..... A CllJ'1 ar!bellaii,... ..L.. JII!Il_ Dc r..w..tod 10 1be...."-awblcb....act..CIIIIaI.......7.' , " (2) 0eaaaI1IliIkic fIl!be pIab oloaII be Jkudd04. NClIkc IbaD be II&- " 1iped..1adi lhe -".,a of !be ........~. illbaD be ID _oJ.- wltb"lIIeJku.w...afJl'o..oJlbli046(a)(3)mI..J"';"IL .6046(b);IIiIII. il abaII be I"u,idod 30 da)oa pdlII'lO....... ID Ibe locallqpalalM body ... bead of -1llC&C7 liIr......... ' . . (f).AayMIlp'-'pelldaCll'IIII ~_. J ~L ....,.....tiaathe di..-"-ID nMcw lhe IllL ,,1-, plaal1lqliin4 10 blllllbmlUed by lhe ~ 1pIICJ. Tbe &"-'&>...a IbaIItmcw Ibe)llm iii acciIrdIlIIco wI1b _lime OO"'&>......1IId dIe'Jll~.. ...W1.- iIIAnk:1c 5.' NoTE: AIIIiIIkY cIIod: sicdoa 504liO,~, ad SaIolJ' Cado...... ' -.: Sec- -'77iliO.S"'726I.o.._ CWo.. '. , .. . lIIn'aaY _ , . .1.~-' lof. L~(C)"'J477.... L..1"'~; i:IJoaho_ _~T1.He.5). , . . 2.~-" of' . (i)...(c)-(.)(I)._..... I'. (I) __NDI1! 6Iod1-12-lI7;..,...!l-lJ47~1I7.No. 33). ' ., 3.~' . I ar .,' '_ (0). (b~ IIIIl (o)(1)tIIod ID-7-W: ~ .11-+f9,(bplor"'.No.'1). , ' , .' .' , . 1&040. . M1nlmuni ~ of Ilela ..lioi:i AnIatarice , Ael\;teDry 1"nlDl- , (II) &cb ~ .on" oOt IIIhlacxy JlI'l&o....11IIIII:rIIItcI pnual 1D,1bIaArllde aIIIII iDc1ude,.1 ...w........1l1eh n' ..... facllitica or ..me.. .l1li\)' ~ -.y ar lIpIIlOJIUc'ID tmlerto;, . ' (I) PaI1y iDroriD eIIiIbJc penllIII1IIIlIerddl ArticIc wIIJiiu liO l\a7I faI- IowiDI 1bc>/oItIotlci!I of............ ___dim lIIe cbe ofCllClOW , ... - JIIIIPCI'IY. far I _ u ..lhe P1IOaIIlUIy af '*-I... beDe:Ii1a ' IIII!I '!'"'''n. N mllhe e1lpbIJity r ~.j;:""";'" diercIiir. II weI1 .. tbi:, ~faroblalDiDalllCb beDelilallllll............ iIIacco.~ with, !be ....olL..-.- of 1eCIIoIl6046. Par~ by ~ partIea wI1b l1li ' ..._willa.)lIIiIIIc: CIIIlty.lhe ""dol"...;!JC DOiDd"~ IbaIl be tbi: Wa-ofdle dale of""'l"'oItIna arlllcdlricllflbe WdIIca "'--4 be- - lhe,piWtc CIIIlty mldIe public emit)' fir JIIIIl'C*I of lCquiriDg ardcwlapia&tbcJIIIIPCI'IYliIrlhe)lmjecl, ,.' ",',' (2) Det:........lhe exIIlIII ofdle Deed of e,aeh 811Ch eIlIibIC ponaIi for , ...~ __ID _dau... WiIh !be "")0 L~ of IllCtioI! 6048. '. ' (3) ^- eIlIibk ,........ lIIil wIlIdIl .;,;.- 001... period of lime , prior lO,dl~---'lbeae wID be aftIWiIc.. . '.L.ro<J>I- .hnn..... .-lD& lIIe i:tlloria ~ ia __ fiOOI(c), onf'l;ioI- ill IIIIIIIlia-IIId ~ liIr IIId PaIIaIlIe IDIIICb eliIIbIe ,..... (4) Pnmdi CUDeIt IDd .41 .~...c E..' -AlftR aD the avaDIbilit:J. jl!bI,lIIdiablaarwll.,-A...IIId...... 1..,lIII!IafClllllJla"' , nbIc ~..w .......do. 1IiIII-.1IIlI -IDIllaIlllJ cIepaeIta. daaiDc..... t1JIIcaI doWII ~..... __-. __liIrla!- ~~iIIlhe_. " , . (5) Allllteacll eIfaib!e JICIIIlIi ............, ~ flir jloo~......dlo " ' mI beaIIilL" . . . (6) Allllteacll eII&fhIi. "~pcIIlaIDalUlD__IO.c:om-:' . palIie -[' '.1IwdJIDc. ' . . . 0Iil)' ~_I., IIou wDJ --...._~1IIIit_1IIiI itlIIllIanL If. "~J. ~ pam 0CClIpiea ..10 Wdcb Dc fa nfc:nd by 1hcpabllceaI!tJ 1III!I!be1lllltdoelllCtllldlr7l11e...............""fl~ ' cIweIHDa IIIIIdaId, tbi: pIblIc eDIt)' __ faIIIDcd iIa oNlptIM 10 ... U Ibe""" I plnIIIIlDobudD lIIChactwcIIiDs- ~1Ida_ lIIe~~CIffcnl'-eIllCb.dwelllDafai1be~JlOI7. . &:" ....L~... . ~- 16042 , lWtCLAYS CAi..nroRNIA CODBOI'ItBGDL4TIONS ' 'I1IIe 25 , lID 8Dd ID Ja7 ... d IDDViIIJ ..d..... -.-- Ifllli: ""rw Pallllc:lIIIIIIII~'IIIIIIfyIlll:bWldlW _ill be ..".-.d. wd1, ' p:raI~IIItIDDI"eflllllidlellllltlllabe~ .J...'t'lIIIowIIIa.. ....OW"'"'-. · ,('J'II!lIe~ . BiD "u.... iolllDllo . fmII1,lI!e'pabllclllllit)'lbd___belo~'~ID~RIiD' ., liDlOCIiIm'li04O_li04&..t, t.' '. adiia' IIIdbcudlla...dIe....of...aaIl'.r.o-lD..wy (e)w.hw." ". .',. "I tile , ","..,a.. .,.." d.... ~ ' . 'lkftl/ll'i>--aID..1 '....(a>lbDveillj..WIIi1IDdGDlfw...lm- (7)AIIIIlllll:bellilblepelDldlofl~liambla~lI'liImap- 1IIII!IiIIc... . .. afialpl\lliluJ.infClllCta1........i-..II1II by_ .......~.::l 11.._"- ... .~I...-'iD.lIIiIIIbJe~ . N af1beAA..._..~. ..4 F. '. '. - ,:.' 1- , .' (1)WbaI~~ ..iI_........by...dI.-K...deIiaed (I)Pamde-.y....... ieqUaea IDlaaamlbatlleRloJ ....._,paceD . ill SecIioa 102(2) uribe 1fIzInI !liRIIr"-'IIIlI'Jlelo "Iool.'-'''- doea IIlitlllllllllDlIII'L....or~....b-....CII_af..-.ClIlar. Aclof 1m (42 U.s.t:. 51%J)~1be CaBrcnIa~ ~". . nUpoa,1IIIlaaaI CJri&Ia; -. mariIal-.lamIIilI1....llI'-.y... __lid. ' ...Ao.cIIedby_llI'fildenIl'~1 I .L_:lawa,llI'III)'ClCI\I!i'adII- (2)DuriDaporiadaofclllclare!llllllaiai1 111'-'__""3' . l!W)'.I' ,:' ,', ~ :-. '\lodllit.....SMflI,HoaIdlIlll....,Cede.' r ,.... (9)SIIpp1ylDlllc:luoJl"lile~IDf;."""'-'_o<hcfalan1ad-'72lID.$, 7261_'1264.5,0.. --' ClI& " '--'- ....---- ~ adlllbeo' ;.., d' 'lllI' HanlJay., :;ae1be~;~IIId~=llI''''pnl-I.~ . fII' ..OO...II)(l)ODd....NcIIB_...D-97;..... ......~IIIIIaiance'ID"'""'-...Pea-. . .... -"'Il,.97~".No.S3)." ,', . , (10) PIovIde CI!ber advilaly _01"""0"11) oIiJIble peIIOIII ill anler ID 11044. TlmpciIwy IleM. minimize Ibeir bircIabIpa. h is; , """"_ U IlllIded. auCb..... (a) 0eaenI. ", " , tonCe 1DcIade, ~....IIIII...remlll..l1ll1e..l'd'" """""'" 1iI~ . (1) A public CI'lIilJ obIIl be n:quired ",..' I I '" tbe....-c..wm. emp1e)<moai, IIIIIaIDa. bIIIIIh ad 'IIOIIfR, . wdI u ocher.......... ' feIIibIe tbe_ ofr..,;;,...~1 ~' -...... (u defiDlllI iD IICIIOI'I (11) 1Drorm all JIIlI1Ciua ..ho .... "'P"'1lllIlObe ~aced about tbe' 6042) bul, wIIlII . JIIO:iect plan II'I!id1*ea iDlMa' bicIi: IDto mup!.t"'(l , evicliaa poIIdea lD be punUed ill ClII'I)iDa CllIIIbe pqjecI, wbIcb poIlclea prqjeca -"',riJ ~1IIiOIII, "-t-..i ..-...... P-....~_ may be ~ Iball beID -..~ wi1h lbcpnlYialaaaofllClioa ~B. '.. tbe dl"'--' penilII'. eJeiIioa rara1lmlilldplliad0f1lme. . (b)P~OlIice. ..' ..... (2)n-.--,,~doea_~.....~ ....IWHtyofthc Wbea..""'"""".ll'IUIIIberofpc:nGaaWlDbediapJ.....,lII'llItbeieJoca.. ' pubic eadIy lilJl'oYide ~.14I".I........... _ beDaII1a de- 1ion_.olI1cei.lIOl.uy ~ID ~penaIII, ....,...., 'aipidUl~...._rek .....of..~.......iDIOl:DDIpa- ~. ilaaaarapd '" -"Noh.... _1pJII'ClIlI!aIe~ lite robIe, r'~ , "1IWeDIDtL. ,... . ...." ' . afticewlllcbil-.lblelDiI11lbc_lIIIdoaIawllomaybe"''I''.'~ (b)~_. , ' , . IIJId illIIl&d wiIb lrIiDedar -.-i........hDlai:odcia penoIIIId. OI1ice(l)n-.-..,...p~ - '...haUaiaamayDixbe~..u..d...;:..if......._ boun aboaId be ...w,1e6 UI .. . . D~1Ie penanallllllble UI Ylait tbe nbIe""1'l~ - '" brJuaI1ta will DQt be '~ID' tile ""',aCed penon ", Dffi!:e cIiIriq__ t.- II - Jxaa; .,' lIriIbiD 1211'11'dba of.tIIe.uflbe ...........3 -. ' , . , . (e).... diapIIciaa OIIIitj 1IIaI1......HIilIll'lll_....." a formaJ pieY- (2) PriarID tbe _lbe ~ll!8hY abaII_",-..d'...;dad baYe ionce p......do..c far DIe by "'.,.-... penoaa aeekiu& odmIril""'lliwe ..' pnrrided wrillel'l- _11i..a dia)lI...s \l.CIDI1IuII: . , Yiewoflbecait7'ldeIo;. ~. "'loa. '1beprocedureaballbeiD............ (A) ~.1T1l' .~'1IciaaIDa wID be...., ~ lit lbc ' , .' ..ilh tbe .....m~ of AIilcIe 5.' . CIIItieal JIQIIIbIe lime ball1i III)' _110 1IIIr~ 12 maaIba ftom tbe Niml: AI60dlY clIod:SecIIaD 5044iO, HooIIb IIId Sd:r)' ClI& R.4-.... dlleoftbe_IDt.4-"1 bcUrJa. 'l"ciu.a-.d1y hoaIaedpa.- may aioaa 72liO;5m1 7261.,01.:_ "ClI&.' . . ;', ' , ....lOexadCJae.12~limillliaabol;lflbeYcI!l-.tbepiblicCllli~, ,Hill....... .,. abaIl__1bot ~oIbIo'<:f! . ," dweIJIQp are amdIabIe 1....-.. 'fllLA ""'nll\XI)IIIdI.xB)IIId_Nanlflledl-1U7;op- wi1blDtbe121'11l11'11bJlll!l1d. " " ' . -"""...g'7~S17.HD:SS). .' , '. ' (B) eo............ r<p'_L ~'''''''''..m~ ~ IIYaiWIIe, 011. pioriIy bIIia, 10 lbe ~w,Iua1 or {amI1)'.wbo -llMD .....;.......ny rO- f so42.: ~Rt HcUingPrlor to Dieplac..Mnt, ' boualllI. . ' " NotI_to D1lpl.Nd Pe._...' (C)Ti,,;_IDIwI,-~,""""wlDlIIlIl!l'Iiict. ...."'-...eII..- ' , (a)Noell..."ble..........aballbezeqairlllllD_fi'ombiadwel1iDa1lll- blII1yfor ."",,1" .... boaa!Iia ~ _dIphe 111m ollbc..me ... ..-- . , c:bobof..".-.-t........ard1adlla~_~...Pan_ Jeaa wilbiD ............ period ofdme prior 1O<Ii<r'-.-t CI'IIIlpIrabIe '1bIe bad... te.4......, _lIIlIbcea II'IIIIeIlid tbeciaiau or. """""'-3 ' "",l__clweJJiDp (a ddiliedill .,h'.clloa'601l8(c)) lit, iD tbe ClIO . ...... wID IIllt be ClII'IIidenld a ill ai. ~ of Ibe 'nlIo ~lIklD ~..-t. ' of a.., " ...... (. ddiliedla IICIIciD li044),.......-"'P'.. .' ID wbIcJa. """..... JIIIIIIII iI'lIIiided.. ;.' . . . '. '1 dwclJiD&a(udeliaedlaav--(b)beIow)arelYlilablelOauCbpllf. . (D)If.jlIo,jec:tp1aa-'ll~m6wabD_""",~ .~....... . ~) 'I1Iec:rilaia 1<<"""''''' ~---' dweII!DIa arelD.u 1ilIpecII' ''''L~ Ia 1be jliqjedarJllllllllll"" tbepeo.- wIIohu..' Idr:aIbIID ""-..... "-t-"'l"~ _ - _,-" ' ~.dJy ....,.--- wUI be Ihm'pdaday ""' ,._A~.1 ~ abIaIIllDCb -- II-.-ona -.. -.----...-.-.--I"'~- ........___ rO, _t~. . '. . . ""eQu4 'ppI..c. ..... dweIJIa&' wIdI !wpect ID 1be IIIIII'Iber of -. (B) '1be~eadIy wUI Jia1ai!.. iD <" _ ..~ ....tih IlieIilDYe 10 ' hfhhobIe BYitia &jIlli:e IIId ~ of 0IIIIIInICIi0a, I'IIlid be oaly """"'~ ,'"--..I........ I ~ 1 11...1._ .. ...... __ ' - "'-i-...... ' .' '. (e) II .At OII'eroflkt# .... JIaaai1lB.llIlMI. IIlf1oi... r~i... ...._... . . Tbc.....m_af:ddaaecdaa.......deemlllIlO.....1IIiItied (a)BaicR.~~_ , . , 1f.pa-...6lllIad-..wI1baaIj...."''''''''0II1f'.....w. Cbabs '1be"'.,........ ..,.obIIllilllllilila~lIIIIaII*.. 214.......aioap-o- \ ..f'2 of"l'.~~.I17I1'~.IR.,<I..N"'"'....loqo1.;.. "'dweIIIap..hlc:ll1I1I1y .pIIIII-JIIlI'idIlaftJr'tbelllllowllal: . ":. I\~ Illiatjlbei:dlalaactfqiiblDtlleOlJloJ,.ll......1beo1linoblllbeiDwdI. (1)r._.dwIild~ ofla#- :"'1IJ oaJ,,-.-LoI..eady'u b. '" q.iltll.... yLudl.~bJ........,......,peIICII. '1belllllllberolof., .JIP".L....lOcacb. l' of1beJlllPlllJ. 'J1ia I.l'ab.ulie~ r., faa \<' . ...1liDbe~"" ....L abpaIdbilDlllIl!aa1baa~ ., triboIedwitbln60dQa.foIIoWiaclbe--of.....-c.oloM(iee~ (d)Nodae. . '. , , ...li04O(a)(l))I!IlIIIllt....~!iO.iD__ orAlMpl~ ... No eJiiIbIepenoallCCllfJ1ll'l&paperr;y1llal1 belllqllired lDmr-ftom. """"" for lboae .1. "'-I ~ iD ~A""""'".INl.lIOC2(e). Wbcre IIJI:, . -~~._-,_.-.-........_~~ ~_,'-.tM ,-";;p6.a. - . -- .. -'.,_~'o,',...,--.... JL~_._.J TIIIli2S . , . ~ GIll"" ad C----..a-Al)'Jk. 'L,' n&4'''",_ 'lflIS2 ' (2)1'\- ~ 1I...pw.~r ~~__... -d r........ClCII8I:II . (C)A]lll:BcIlilfl7Ib1D~..aiaia"fallcRriDat II. :~.L~ . wid" " af1be.....-tjlD1be ....... -J ""::;'" -:wIIedIIr......Jaeldad;y...u: - ...-4,_CIfflmllr.. .' ' (3)~''''-41....._,_ .-.~,... -' J..... 11l. -lacIdmtGfjablBl__liIIIIIIIa,., -~.-afJDo 1ocII.....naDlllle1DI1I,....,.......~ I'" aI6e..4'-l.) fr:aadJal...1i. _1Jpe~1IIIIIj;;......s.J._ ","'~ .. . . ,.... II: hdI..-AI.... .. .'..-.u:'11IIla:ltalaolilr-~ ..,.......... 1IIlIllI1ilr...... IBIpJb11c..........iciM!ialllIId......_..:-, , . ,..~_lbdllelben..llhnnclafallllllJy ..&....~..bd'liu- ,~IilrJdllldr....,. ....BlWIIII....._D_..- tialIlOIacla.--LeplV""~ kII..JepJadllnlocalA. ..jli...af ~""".dIe&p-""'a(lluoool>"""''''''''CIf' ....... ~ ..hlmlJar - wldclllIIIJ ...~ .L...... 1!XIIIlI1II1I1l..4_Ibe__afI.ol' '''&' ........-t. ~__ doomed..be'.....". ... . . , a1f1101anlDoi.........CIlIIenpoilllc1lilHllll,pIIIIc...~.JaI (b) I ""I"Y hA. ' .;,'-1 -.rial, abeaId be ~.d In Ibe - fadIIIIca 6-0' "................ 1CbaaII>-1DI ~VI .Io.ud __ . 1JIIIC(.)lIIIIiIllIIIiIy.............-lldbylbe". ~~ la....-_. .dI1laaI.(iol.......... n_ L~~ IInbI). 0lIir ......._. wblie lhn IIIe IiIaIficant ~ ... af~ wIlodp iIat.-;' ... . ~ .. 1II ........ .._.. "J.., ,......... IbaaId '. be ill- wriie, ...IIIIdonIaadJlDltiah~.Ibe-m""'of1bepellllle dudad.' . . ,,' , .. " ", ,,' IbaaId be-.llllid IIIl b4.. .... .oI1IIIImiaI abeaId be JllII>.1dod la Ibe ,(II) A..wriIIDa aiJ1Ila afpl.-lo.or liaaiiaa __lbIIIlbe ....-.d. Dalift '"'II .' (I) - JlDjjIIaIL ,', . h IbaII be JIftlpnl1In _Ill. ....~ liIIaIIlD 1lIlIIIIe' . I ...L .' af Ibe (c) McdiadofDclhay; To_mcelptl1llbe bd"... '....a1~. mdIaIIIHtylilr III p.~IIIIi.I""I' 'CIf............. _.llie.... a1.1be kic.hFDCY ~......1O hne Ibe DlIIlcri.hllber bo, .' de 'danlll.Uanb III IiledollahililJ af -..-.ob& '~I" '. ...... '11IIl lioered lOeacb~. 'I~" uribe .....-11 wiIb.teqIJIIt mr. wriIIDa.. iafClllllldou llw-..m.1tame (0___I11III illIIIIIlIIIIIa I11III lie JDo', ccipt. ... - by cetIIfIed mall, -- recelpll""ll.....-d - ,YideclIllpInldy, '1'II1UIDmber Cifllllba IIIlidad ibaU lie Id. '11M by_ (II) CloDenlIlDd Specific Ial'IlIIIIIIIian. III IddlliciD,lO diL.....L.... foreacb_~. The_lIfeldetiyiaJ~'" 1~1il\ L""I. .........IDI"....... oflbe l7Pc,~ III 1bI11OC1ion.Ibe dIapIaclaa. obaD be lbawalllplllllely IIDd IIlIIIJ IacIlIde Jar............ OII,Ibe IIIIIiIbcr ' c:mIIy obaD a110 pnwIcIe IIdI per-. wilbladiYidual. WriIleliIllllillcalloD oflllCh "'\..ooIv,Jdll....m~ IpllCia]fKllltiinlld lite_of IDCII faci- a 100II . hlI..Jfalh11ll1- ... beea -.hI1...... 1iIiea."'. " . ", '" , (e)CaUmofLL....-llI.. .-. ,A.""""-AUIontlRelIbe ''11IIl,';'''ilf~hcllillaaileedllli.nlaclude.'''''' ........ ~ ofiDfllnDlllaarequlred iii bahdododlll ...."""?"" disIributed ID Oflbe ............. ~ aflile.......~ .. _ ROW I I [ I ~ .-:.-l~ ~.ar1be".~..n.flprelilla...m.;"..-~~11ae _.~-t "...ID1be....&~of~~.I.. :..~ ,<Ii""I....... aIIIlJibauId IiIcIado; IIIIy addIIIcl!W, iDfcirmllliCIIIIbIII k,be- Jnfo.......obaD be]llllYlded ~1lIK1 ~......dIWt). lDpl'IIIIIllllllJ:llc>1' IieftllWaaldllehelpfttL(See....LI "A.),." .' ,--'medIcaIlBliec...4kIl,.d~'pIIIb._oMty__ Nll'Ill: A~ cIIod: Secdaa~HooIlb"'~Codo.Il~".".Soc> 1al,1ItappiDa.t................IIDdIdltiok.I>4I:a~;.'" .,h.]lRIIl- -'1260, '72lID..5"'T.I6I~ac.. Code. ',' ImiIy..CIlbOr'............,. Nldv' ... rk' ". 'lD--"!a1blt , , . , HIImlRY " DDtaideat"_'" I h"-'by,Ibe~..chlldtiuf._ "'.;..aIIO', ' 1. ~ . orM' I (.xlllllod 1I-S-76.1D_....,._........or_ IbaaId be provided. , '. , : . '" ' .' _1I47-76(Re1101or76.''''''lI4]. ' " ',' , ..' i~or..............lIIodz..l6-77~;,.N..I).' ' Ie.; FaIIIftlD-COilcIuctTlmelrIlllllEIfWh,.,Buwy." " ,.' 3. ..,; , " - . or_. <.xi) __Non. &led1-l2-97; opinIIw WbeaulIl'oeyilllDl-'CledIll.liaielylllJdellilc:d....-.tbe ' ,- P-1l""'~97.No.33), .' , 'pabllcllllil1lb11lbeoblipledlll....n1oydl'oltllllacellll.eII&IbIe , penllDI wbabaVeJlllMd IOdtil1ltelraeedl_ be I. "'''''''''1II1i1e1llMy , lllO48. S~.ncI~DrRaloCation~lIDdlbebilpectClilIbe~~In~..;; 'IT-iIe__,, (0) (I) ~"".......... I..., ...... ....'Y foIIawIu& Ibe lnItlOlf... af ~ I'IIIdy dol ..w..L 'J'!Ie pabIIc eaIIJj ..... olIllr Adt ~ IIIl niaca- IllitmIDlinlew all ojiaible peIIICIIII, buoiDeu _.... ;".,hvII"I_ ' 11011....... '-lIIIdbeaelllafilr1r.1aldt_CIlbenirt.eqaollfJlIIII.llll1dd1_ poll. arpnl'-"'" IIIld fana iJpenIioao 10 ablaln iDfllnaatiaD DJlCIII tIoa. 1IboII'''~" . '1IICb plftciDo for 1111 ClOIII u ....-, by lite wblch ID plaaforlDlliDalllld Olber... . .......oIIIIiCIII... Well. "",-,. eatily'l Mare 10 JIIimde dmeIy ,1lDllce ... all'en CIf nolacaIilIII .... ' iDa..,t ...1","-, aeeda. ' " , ' " 1IIDCe I11III ~. ' ' (2) COo.db.dloa wIIh 00- AFac/eL 0Iher ........- IIIIJ aIIo be. ' ~"~"IIDIYeyi'1II 1iIe....Ubc_Ii....CoardItwioawDlbeaec- 16DllZ. ......, 10 '.wid "''I'" ....... IIDd ta ....... IbIII DeCeIIIII'y itd'............ ill 1I'IIIiIIiIIIe.1iIe~Iime.'SlineyoUdJized 10 plberdllllforlOCia] ICIYice nie:nlll1IaaaId be pIIIIDd in -...... wIIh 1OCia]'lII'Vice ............1IIIII..J1.ren.h~ IIaaaId be~--., ' . (3) h41lo~ ID PenaaI ta lie D1op1-f'l'be IacaIIpIIi:y IbIII c:mfuJIye"p....uiad diICIIu fDDJ wllhG.cb ~ Ibll;o .10.,...4 lilt pai-_. pille utlbe -...y:IlllllIbe__ _of"~IdoaP.;7~ IIIid ......-lbIIIwlllbe IIIIde DIiIIl*. AD ~1baII.be IIIhUid IIDd _.,;.110 ~ IiIe ,........- aIIlce tar Iidb.....&.; I11III_. ~ (4)Dl'lcJ ".-RecaalLIIIIIIIlI..~ .....L_~.AlI ;..".IdltdDi.... vey - CIlbOr ---. "t1Iii-~ Ibe 1acIIllllDC1'IbIIIl JIIIIIi!e IIIid ',~l""'''1D __ Ida ..~.. RCaIiIIlIr IIdI JlIIMm 10 lie aII~ Tho.-d aIIoIi.......... deewiJAk- ~Ibe ....ib...4 ch.. . ,~... or. lIteperlllDllObadlopl-flllid1be--lkleiJII!dlDba. 1- ' (b)Tho-.ey IbaII ba bJdIia:t, pnmI _..lew, allIlpt wblie. pe_ietrOruiDlllcalbltllillltp '-10. Wbea.~_~.. , .YiewJd...lIteL....__~prudacelilehdl_ ''''''lD~.~. ,....... -..... ell'adl1IlIIII be IIIIde III alllIiq die L41loiilooolluuby lIIIIIir . -'.1lIi&IbIe Jll!llllll!l'1ItDidc\ be &.01: rd ID llIina.,yc:lJaaee m , Ihr:lU-"'k1Ibe""-af~ alfidala. 'JIaeMWy'1bIIIl be.up- d8d._-uy. A 2 -1'/3 .Sur'wy.ftci AnaIYaI8 of Avallllble Rele allllon , 'R..a~'i . . . (.)(I)T.eaaIiie.pabllcClllit7~...., 1_~IIlIIIIbeI'llpli"' 1ileca....-AlIe..".~. .... '4weIIIaj wlIIbe......lbepabllccall- IJ. wi1lda liO.1'atIawIai Ibe -~ af :.: .1.~-.1IlIIIl1tddIIIe .asuneylDllllllbdae(lYIIIa!IIe 1 J.lt. ~.._~.~~ " Jf.nicear.~IIta~'IiIeiu&.~!,II' ~1-1II1b1a __ , lioaillDD!A"VIIIIaWe, dJi~ cDIt1lba11-""'- aaan#8ad1llllll7U _ utdte......~.Jf._IIIr'ftlJJa~...ltdaa 1lDlze." lIec:tlllllril-.~..ilL_~iabaitola8____.lIte 1lllne71b111l1!eePdlledcirlliblllllDlliellllildupaa; '. . . ',-. ...)..... . '" " . . ro.Wbea IJIlilIlIllllD 15 bIl . -..... wD1 be M.~. .-.ey remIII, lblllbe _J".~1lwI i\Il'mIew~1Ocaihaullita.__...-1IIII pI..-.. ' ..........IIIIII~ be , . ~ lD.i:lberIlillia&J>4. ...Llll... baaIIac ~. .. . , (3)'I'Iii~lbaIIbeapclaid._-n,... . , (b) 'I'II....ir..,......... fIIi.' '17 ,..Ii,ct'lD1Iae 1I..~~ . "':' " -I11III111 Ibe ~ 1IIIII~~"""';af,1iIe ..~ 1D.1!e ......-, . iJvII -.~ III Ibe__ ""~~lDlIClCliaJIli048. Tho eune7 _IIJaI], bne 1IIeYIIIl oh..;,' . '-' (_ ..,~ 11.4 liOlI8(c)), wbicb equoI cr...... ilaeaflile -laP I D is Er=t wIddt.--._ lD be,...........' '.' . ' . .~ ,,-':) 1 fiI54 BAltCLAYS CALIlI'OItNIA OODEOFltBGllLA'nONS '11IIe 25 (c) Ii.... '..,.. ,g.. ..... ~j__ ai.n tie.... pind . _.11; ........ to tmIbIe . . ~L~ ol1l!e aYIIIIIIiIIbr far" lIIl....-'"l..'V ar......... wIddl,_Ibe........ IItfanbill die ~R"'L_,~~~... , ........Tbeh4u.~..... , lllnIiDa. t ,.-Adp mI:.-J .... .... . pvridcd - I ..."". 1be Il1IIiIlIor i1IlIIIb ftIIiJIb1a .... . 1d...;'11U '" IlOIt tar... _ ' CIIep)'. · _ nailaIIlIe 10 1IIlllIl1be IIllllda ar'llldeIlJ IIIlI .... CIIpIllIiIIr.od~.... be 1blnril..........,.IIIlI.... iacIade LA.~ 11011.1111 * lIIIIIIbwarllllill WIda JPllCW fIciJltia IIIlI ~ _ aC IUdI f-IIltIoo , "Jbelllll,llaaCl__lbIIJiDdude.. 'llAk-oflbe~.' ..1 c:I..o.-.....aC1beImWl7..~_, tl'.IOIbe~ ,..:.~ r4 .bIe ~~ ... "' hoaIiIw- Wl.~- abIII be ,- -~ . ....~('.. .J... prlIIdmi1ylO~......,_ __ (willa Ibe =-'aClbe "'To I~.r-'-I""""""g IIIIJbr--.....~ medicllllIIlI~ ~. p&Ib, ( ~ '-'~':r~1bappiDa. 1IUIIpOI1IIioD 1IIlI1ChooII. lDf~_'" JlIVldmIIJ to 0lIIl:r reI_~IIlII""-'aIMI.'."""'n1lO-matba1aideala1ll:_ ; "t h...d by Ibe 1llI00000oa ~ 1Udl1ofi...........IbouJd_ be l'"'" ~ .' . r.211'1M11>l. 1": (d)(I)Uidllwblclldo...U.Ilsf.ylbellllDdanllaC__.....~, (I) AdI~ponaa _1O.,..........."""'I'lI>'~ _. dwduDI ~ ~~udiD&!be ~ crileria, IhaIlIlOt be.Cl1UDIId a. and ftlllOiWlIlIIl ~'-e 1IIlI~ 10 wlddlbe is eatIlIed. (2) u. ~.. ".led"'" CDIIIIn1CIiail, . " or pohnhIIl'~alllballllOt be lD- (b) The oRopI"""C! PenmmoVea IO,..J ....!o d bon"" .. '18IlIa rea: IIIIUIbIo ,oII'en aC -....&1 ....- ill DDVIna 10 alleceal, life iIIId, eluded Inlbi lPDII fi&me..-1bere ia~ ..d........I.1 Hk.JIhnnd Iballbe. IIIIiIarY PP.pI........ chieIIID& rind JIlCdwoallll ~_IO wIddI be iI unillwlllbehllllilblewbenllilededllllllllllinliaa","IaIIaICI1III1ritblD 'llDII1Ie4.' ..'. ' , Ibc liDIDGIaI_ar1be jIl"......."iheo CO ,_... '.... ' ,(.)AD....-....efTorlIlO........ponaabawofllled. ToelllDietbat (3) IiIldd1danto ibeCll\ler........~ orlbillCClion, Ibe.....fi&me 1be &cIIoa of. pubIlc einltr daelnotreducio1be .....................illcdIlcaI ,......~*1IIIIIIberot:....nallablelballbecll--:--"'lOn:fIecI _......., both_di1op1~ ....1IIlI1beCli1cDl1I!-Whicb_1a11lplO- .........or ~,1Ii .... _--oIId eA'arIa 10 aace . p.nIcuIar iii.. IllIlIeiI.Concum:ntdl"P'~ ......., bylbefedenl JOWI'IIDIllIIIIIIlIIlaIpll- :~~ notleuelllbe nh1ip"-lOpnMde Iatni-t houa- cIea,';........ fadoraDl-f'........ JIRllecII, a1lie1l u d1"P'~ ,... by (d)1bebuliDiuCOllClllDorfarmllpC!mlllllb...eceiWdllll_.."""" ' Olber~~.... be....,ImD---:~lalbeclyDamlc 1IIId~ 10 wbIch It IIllIIIItIecI and bu beaJ II ~ reIocaIed npeniloo by wbicIIGCCllpacy~ DCCI1l'wiIbIn.1lmI!!iI'I bmlatO- , . r,y~.p:riodatlimean4Ib.w~I;aUIdDCCl1l'InIh,e..-,~lllIe. 'or_Ceaed IlJo'lo4lolllL . _ aC........ 011 . peIIlIIIlD)IInlIII baIa.,'J)e _ of 1II:lliu_ for (c) A poIIlIII cIIIIp1--' Iiombil dwe1IIDa. ~...r.m1e!illel_ reloc:a1ioDlI1llIlJllll""'-'hIP TboMopl~llIIIirllball""""lbalfaar' IllIIIbIe Offen' of _-. ~1IIId __.ohio. ..".- ~ii1beIallalIllldCIIICpelCllIIlor1beOWllllllldpanlllwbicb1lllllll ~ .' .: - ' ..' , . '" Ibc lllIIDIIInIIaC'I'-I-tlblcnpl__dwelllnp(_lCCdantiOllll(c)) 1IOIL' E\.1elIaI.. , ............... -. The cIIIpIala endty 1ball1IIO. bi&ber pe:nz:IIIap (I) ~II pe.imlalblCODiY a .lutl'llllXl. hln... way aft'ecII ibe ligme If IlICh fipre II mare ~ "1lle .&"P'....... endIy IIIIJ _. . eIiJlbIIItY ofeolcled cIiIpIaced.......... forreloaUan ~..- RIiIoca. lower lipoe If ii, ......IOh... tbat Ibe Iowct Iipre II . more IICCI1IIIe .. Illlll mcanlI ~ be ........-... to reflect Ibe ...,icUlc cirt-n..- IUII1pIion; . " , , I1IIIIllI1IdiD& _ eYbIaoi. , '. . (4) PllbHcly IUblidized boli.m,.lncIudinapub1ichouaiDa.lbaII DOt be ' (b) BYiclioiubll1 be IIIldertaI:eD lIIII7 forllllConnare ot1beflilloWlng COUIIIed . . -.u....1DIkiII it _lbIy CIlII be .,.,-..... lIIlII: 1CIIOOi:, ' , (A) '/be'" will be ImIIIable wIieD,lIllelIed; . , (1) FaIIute '10 pay Ienl.llGOpt iD !boIe'_ wbere !be fadJUIe 10 pay (B) TIle 10.....-:&11 bOcIy ~""Ibe 1Ubildy,_ made, ill writ- II _,101be leaor'itfallarc1D tecp.,..,.......In-- ~. iDg,..11l ''''~)bIndIoa. ..11,,-"ar~"---.:1IIlI , lllbelSllton.,.__or~....lirll_.-Itardllcaali- , (C)'/beDDill~beealmlH"""',lIIlIjj.o. ....,lObedecenl,.1Ife nudonor_d.......~"blt............a!'~. .. ' . , and unIlIIy &ad !be iDcome cciJinP, ft!Ol.....lIIlI.. .-iaioua.lf . (2) p,.(.. .. ar.. _ _11IIP1 let iIIlbe IIIIit. ' . &DY,'Jiave _ ,...., d .' .' . ,.,. . (3) ..... boeolcla ~ * 1aIIaI.._ 1IIId' f.n1im 10 amd (D)'l)eilllniliia'oflllllt.....lll1b1eill1be............rty--.!be1llllll- InIl:I\ wllbln30d.,ynf1llllb. . , .' . . bel' of"""MI -.ld. ~.-I oflbe IIIIiII. 'lbilA......~......UIl.7 be wahecI (4)~I."r ... ar.....--_&lbaelOabDwIIbiD.~e' '" 1be dep..'b-Iflbepnbllc CDIil7 - --ohlballUdl anIII wIII_ lime foJJowlDa IIIllice.. . ~'" Ialraillt houIiIII wi1IIIn twO JaIL To.... . ..1Ith 1IiIl1ut.~ (S) ReIlIiiaIIO .ccept"_ of a,. ~ ... lllllllberor G&n or~ lICIrt.......wllJb8A.~al1lfPd1edibepub1lcendty__bae. _dwdIInp., . , . coDInII wIIb pllIIlIiaheZII!IiDI...~ plana IIIlI ~11oIlal cnm- (6) '!be evlcdillla NqDimd '" "llI' I!K:a1Iaw aDd _ be pre- ',.J DIIimea11forlllbald)'lIIlI'R.. _.I..orlbeequi"'1be~llIIIIty WlIled"',....-.bleclblllll1be.paIt.of1beJllllllic CDlIl7., IIf ' aIIoDllllt,k!eDIf7~' ," IICIIO. ..Ewlulllonofl1a111allori. ". . '.' " ' . (e) \1ft....1WW - ~1.aIoo llI'.reIIablIltldioJ wlddllI IDW- . 00 ApallIicendtyll~ IOlmInaIailldJ ...L ft II...;...., A ;- dized bypabilcll1ndl~be~a."'" '~"---"'1III1ca -""fllllB Ibeqllall1y ,ndqDl\llllyof-w. pmIdllIIa wnlldlapla- . =::-&nI~:'~~~~~",:" _,,'I.r"~~lfI.lO~ ~Ibe"'.r ,llfpi~p1-.._1O ' 1iaaa721ods..:t' '1261 o...~OIdo. -, :See- -lldIowlillber&IIJpIl'ICIIIhnebeaJdenledlbel'd1be11111111l11l1__. . '. YJnnpv ~JO~dlwareIllltltW n.e~ln";rift""""."'1 --nnnftatl__. - t.... laIllllllal'Hlaul"" . , OONodillblepenicalllallbe..........4IO_faa...d.. - .. be- .... ar Ibe __ of. pIIIIIc .., ......... . .... ......11.. - ....IDIDL., . (b)Ifllll~..ofi1l.n, &Dd""of~ ~14,.,-'-IIId~ - . palIIlc lIIIIty _ ... I lbIl~""" .,.. , , IIauIina wII1 be awIWIIe. a mqabaI, die pallIIe tIIIIIy IIII\J- praceed . wIIb &llJp.. aC.pnIject orlllberchity wIIicIlwllJ1.-ltilltll'f'''' - nnIeIIlt ........II1CiI........ (See AdicIe 4.) '(c)Jflbe&clloaar.pallIIe-*7_~nriI_""'iII 0; " . IDllIl1liad_......J~,. -laanaIncllnot...ollllo..IIIiedDd;!be ' pabiIc 1IIIIl.)'~ _,lIalinlll,llI'fiandI-~1 UIllt1bepnljectlOpm- WIe 1UdI....... (ICe AnicIe 4), at aIaaII ~........ ... apead fnnber 1....,1...... ,....- oflllejlllljectlClhltyill_........ wllbibepl1lYillana . or IDCIima liOlL ' (d) n..;......IllIor'.."'" '''''''-IIIIJ be,adIed npim iIIlbe inlsIm llIII, Iflbe ~oflllCllllllllOO4 _ __, '18GliI. Terml~ of Ral11lll.~on AuIIIIa-.: A public 1IIIi1J'. reI...-.., abIiPdani CllIICnDder tbdollowin&cIr- . . ''DlIe 25 ne,... , 'II rI JJ--.., ... c IJ,~". . I Prap_ ."" l......aaddLI.. .... '.. widlloali..ld4.Gl__. I ~~t. faiadiIw wIda rekicoll_,-- A ...... w.' ....1Iadd lie pepad..... . ,(b) ~ filellIId __ af"'~' '~ 'pInD IIId pllpatJ cnD.I IIIiaId 1Ie1lllec:lal.rmdam. 1be __ ihliaId.... 811)'-- wereL.LlrnMIbJ........Mlw.. fttJ&_J .. . ;...~'t"G.*..... 1Ibidd_ thepablicalllll;J'IJIIUIm8lDlUlaal:ou..odftiialaD.lIalh ' ~ IIId -q..a- .aI.1tit. ll__li. c:irftnl by.. mIBw.. (l)1beJd .1J..,UII!Pe........ladade_.fn..dlllll~__ ArtIc183." RelocatJoi, Pay~j~' hneb=lCODll'~.__iaWbldlthepna"b=l""" I '.' , bauD 1'1)-6 bne _7<< b=l aaIe. 1be IIIIiple IIlaaId p.u'fdn . 11lIIlI.. Purpciea. . bulafwthemiewetto....-1IllClllly wbIdIerjlly';"'" -~ 1beJllllJlllllaldlilAnldeilio'lIllfdtllelftlllior.lDlIsjJec/fiCeHcl- ' - jnpa:I, illldlll8de pI1IlIIpiJ;.liaUIso wbedIer..'IJ"~.... ponaus bIIIt1cri11r1a far. """ .... ~_ID oil." < ....... BuIc..u,l. ........,4 pmperlllllic:eofthe fioII nIII\O ur,..t-loa .... , .... lOr. '~mndldou aellllfllllblD secdaa6Cl84;lIpoc:IIlcCllllllldoaln:l.alDi vIcea to wbIcb lIIey ae cudIIed. Priadty --!ftq IhoaId lie P- ID . to pri:odsr'''.''UIe ~h ~!D _~ ' , -- ia. wbIcb.. piCv~ IIa b=l ftIed ar Ibe ....., 1Ia..- ~ IiIll2. fllll allllll'l --1118, .... PuIIIlc, ......... 1ha.~b~fartelcicoliaD-" ,,' , ....... _.. _._ ' (2) 1be ecqubIliaa iuaJik 1bOuId, be buod llIl_ ia wbIch IIllIIr>- A pubHcClllitylllllll....1eIocsIkm..y......lDarOllllebolfurellli. , . ble dlopl--')lCIIlIIII1u _...... wlda ....1Ii1be fbII_)leI'IIIIlIaI _bubeeu__~ .-.., H__.lf~lDpnMde....._ by IhiI Aniclc.1be CI\IIIpIiana ~ Iia 1bia Ardcle _ ia.lddItion ' li>eaqllell"'Cqllilldliuc:dwldel.lbe___lbauldluclude~ IDIbclIeIuAnlcle6." , , pIete ~_ID wbleb ......I..~ ba>ebeim mI~.."!l . (c)Allertllela:llnlllndfilelba>ebeeinevkwocl,tlleimeweflbould IllOI4. ~EIlglbll~ cOnciIito.... . '.' . seIect_ for runbereYIIIllilloil dnu&b pa-.I ~ willi dII- A~-"""" ....eIliI!lIHlJfar..-.....JIlQmealliflle.. pllCedponausllldlarowacnlllillbehospecdailaClxJusilJclDWbich,. JsIles die .........~ deIi:dbed 1D.aaG fi034. A ~ wbo........ Illlla"ba...1DlIwci. 'DIe iaa:nIewI-1IouIbis Inop-t~ IhoaId lane fiomreslJll!lllCllJarwhcl_b1spenGaal,.~ hill.. JIIOIlllItY ,bcithlDipotcliedtthe ~-I oflb6l1l1'......oIioDlllaIDedlDlbeciumf.. ""*-... win be "'opI-ed IRa ~.resI.._l) CIIl wbleb be_ IIIIIoa 1IClberriaJidl dfilellllld Ii'" die tnJewer. beaerPw.,....ll~~ dlicII a~ ...farm.........,..j "-".....I!!~ciD 1b.1IaiI cil oa.IIpIicy'lpoIfarmarlcC.' , ,... ~,-,lr1a'::, IIICh.CllberJll1lPllli7.llIlIyfar..,~lDIIIIepllnllalllto , :Jbe IlIIIilber _ type of cues far wbIdI r.... .ins_ hcIusiDa fi>. ' . Ipccli.... -~ 1O-be'.cairied 1lU1-1boWd IIlfIect tllercolewer'l Jl"'r-' IlllIII. NoIIce of InIItnt ill DlapM. , . hued _the i1dbraIlIIIClII be bu j~ reriewed.'Oea!nDy, an IDierriew A publicenlltymay u-a wriaeo! Nadoeof~ ID' Dlsplai:e at l1li1 .'. am m~ Iicm IbouId lie carrledOlit farata._ofevery.lhe. cues time aftorbmlDc.a ",".~"',Io-. -,..-11 ~llIIlIC -..d>.hc resI prcperlJ. flll'witi IbeIilOs IIIId JeconIIhow: II-. ~ QaI)' w...... tlle'1IDIII- Sucb Iillllllce. by -.hIlohhta eIi&Ib!BlJllI!<<lD IICqliIIIdClll, will euabiO' . llerofpcoiaDo 011",,'--"10 lelnhllll251bll1l1d the '!"IIIberoflDlcnlen . publlcemJty ID I1lIpllIld 1D1ianIsIIIP_ Cllber oftn_, ' 1IId1.'~~I"""beleathanlo.IDIIl":_lIIllla1dtllelllllllberof__ 1_ FIII';"ofC_I~~_T~~mL, vIeWs _,~ be Iowerlban tile __alii... _Ibe lI1IIII1iciof ... peIIOIII dI~ To ibe _ poaIbIe,the Imeniewi s!lllu1d _. AD cIIimt filed willi lbe JIlIbIIc CIIIiIy Iba1I be ............,., wIlbin dJb- ' .."..-Al4I.... _ oecdllll uribe lJpeI al _In die 1pIICy'1 wudt. teeDlllClldhloftlle4ale lII~Ibe~l8Cd_.flnaI ~ far. load: e.a.. ~ __ iImIMn& _1IeI alYlliolll u.. well.. lbe ~arlbe_llIl wbicllbe IIIOnI, wbIch.._II_. 1be dII- iDdMdui!s _~ CCllICeIIl& r~ blitIl_ _ _). '. pi..... eadty may exumd ddI JIlldc!d ,lIplIIa pI"CIIIr% IIIowlDa ur aoocI ::;r~nnacli"" !"VIlIYiDa ,--.., ClllllllleldllIIIIlIID- ~;....... opo:'AcalJy Pnnlded~.n..:. . r'......... oba1I D..t lie , (Ii) III addition io t!ie1bo.....1be foIIoWIaa racun lire 1IIIIIlIIB~' ,requirrdIDIllbmltICllflYofblo__lnlUpparlal.daimfar~ which sbwid be lXIDIicIrRd: . " cidlla Jl&)-, (I) Tboi elfecdveue.. ofefforlllD pnIYide reIocsIilII ~ ID dII- f 6OllO. AcIuoII R..ullllblo.lIG\IIlIlI Expellt) . ' ' p111Clld ponGlII, lDcludiD& Ii"""...... oflllllille 1IIId~ ofell8lbD-, . (a)GeacnI;A publlcCllllilJIbaIJ lIIIIba~ ID a"llplllClldpenoll ,. ityddl...I...L.., ". . . wbolll!doflalbep.."'-t~J....dl~aloecdoali084_ (2) 1be .............. of Jdcx:alod' famIHes. iDdMduaIs - ~ !be.e~-A.ofddl aeedllIl,farlClllal~"'V"'... "I 111M ct,. ...ia.iliiairaewJo,lIIi-.'" .' . " beIowllldsubjec:JlDtlIell..JI"~"'lIllfllllblD';.,,' ~""..(c)alddl_ . (3)1be_lDwbIcb...u:..:mo-ID;...... i~dhlll1slaaline.-. dllllfarlllllriDa~ bIo~.W-. '-!mGplll1llillll..."oIbet ,in/n1nohM,. '. ' . . .' ~JIIIl(IeIt)'.lIIaJJ_Ibe._lIC.p.p.lUbiDDDlexc.d (4) 'Ibedrecti_aleffClllltopruviderel~-IlI.III.1'Y1ces IDbuII. . !be . n ...4t. -.llf """""'P'.......lbe aCtiYiI;J ia.!.....~ ",;.,., wIdI" ... '.. ....InrJn.lh>a "'- ~ N... seniceI_ SBA 1_1D.u! In. wbicb.clalmlla b=llllod.. .' ..,. .' . tboIr. '.LI'.,."".,...' . ".. 1beimwb.c_ndaled,r..:.',;.farwlddlC::i.....I!J8Y'befiledllulll ,.. (S)'1be.. 1"-'all-~claimllllldlbelllllkiDlalpaymalll. iDcIadc:: ....-....,.,. ' . ' '"..' '. '. iDdudiDa lhe......... deIiftI7. _.- al mIocadllll Jla)- ' .(l)na....,.;.il6u al)lllicas &II!i piapen, _10 aceed. dIsIance of '(6)'1beIllllllber_.......JI.~urianiDc. IfiIIIcnrIDc--rolllllll' :SOmlles6aaIbe.u-wbldI~.i. '.Ullllpl"benlJ~-'oa1io- . IIIIddl..~~ - . , yoad-......alSO_iII~. '... , (7) '1be eftidl........ af meIbcIciII"'" to taioM dlfticaJIIea ~ (2)PI!iiDJ. Czidaa. 1..1'" II ......lIIIlIIIiDa plnllIlaI' ~+-l). ' .C!Il*Ib.1. 1;.....,.... . '., . '. '. '. '(3)Sadllllll.ur~JIIIli*\)'.far.pc:rfodaeaemD7D11llDelt. . (8) '1be eftidl....... af Ib6 pabIIc CIIIity'I srfevlllCe )lIIICll&a... ., Ceed12I1111l1l111.."""'..m..dbyrliilpdlllctlllllc:,' IDI!e . , ".....yIDCXlII- (9)1be_allelldcptbmll_lDpI""""'aIbe,..l..........pro- DeClicawllb~1!: ~'41..Ja; .. , . , . .' . . panL,: .' . ..... : ". . (4)ldab.~!ifpenllllalJlllli*\)'wblJeillllanll=arlllilsil;_ ' '(IO)1beclfecilWlieitlDlll\lllDlequalopjlO;lluliI)'far~-'.._ (S)'Ibe..... now.. " . -. ~af..ui-t)!aIl. "'ardsm- , lICU.lllldlDmIIIl:IIIapmlallllafmiDadl)'-".'!"P.........;....A i _/ ~~(JIIII~lbefiuJtar'~.~ af1be dlopl~....-. bis , . . <'" ',II!:=d-[L ,,' ~,_, , , '. (11) 11Ie cAdI. -of~.d"ILT .iD ..'-......~'.....-.I ~.lUIh. ~..t. -.I'?,:af...... .,..1.... 1 (12)11i..llwr~..Aoal""lIIIlia1..,.r"O._" idl..._ saIiDI.....1a ~poI' ........ L-1DlI ill beIpIaa .....Id... "II1II-- 4bIL.-'. ' . ~~ . . (13) 11aim.-1II!lae~. ......i. urtlle...... ~ ionIDI tile '-plllpl'a. ~' . ", " , , I fiIIJO .' ". '.- ". n"~'cf, . BAltaAYSCALD'ORNIA. CODE OJ'RBGlJLA'J'IO!II- 'l1tIe 25 .. . _. H....,.".;,... '-':"';,<'S,,-,: "'CIf~)Ial!.p-oflllllriiaa. wllaio-........_... ..-\IilpIIdIllllliDi.blI1l1l..__..sthepdl1ic_1III)' ,lIIChlail,lbII\arllllllillllellml..... ...a~...o.J& ," . ..,tbB_~..",.".",.", ',' '(6)TIIe_d~'- -"""1. M., _A..,. '_'b..1 U" (2)1 . "adl'mD."'~. "''''"'fi,Sl.oooflli- , .~ ",..ad~ ...~Il .,"r'l A ....Olbor..... tbB-iIaItnldby.~'P'--'....b~bIa arlmD io.......l:r (j..l......podI8II!Ib..........,..far_)mlaaqalndbJ _....lbaI1bb.w.wk.dbJ. ~1Ii...bidalalllC1l .n IIIe public.. I_vii... (-..~ c1JarFI mv.- bJpabliclllill- ~ Jfdlepdllic~' . . dill . .... ,_bid.... des fiIr.....lIIIIiIJ..mce:. .,.a.-a h..p..cIwJ cd.... Ia.. _d.....Sl,llOO . (b)Ac:cIIa1llu... .."U'MDYiD&~B 1-.CcJa._~..c:lalmDlli1be-;';';-k.dbJ''''- " 1a.IlaaWbidL':. ,_IIIIIPacmPlA...... '. '. , , (II)~.Jl'!bIIcIlidr.j..,.,the8lllill_arm!mai.cIiI- 111 addIlioa 10.... --ip-- """"- III filIlb Ia --'lD (l).plaoed....lhe_oflDCb '!I"ft1llll1 be......liom............. by oCtldUllCdClII, .""P'--' ho.._ CIIIICllCll,ar farm CIpOIlIIiaallll1fi1e die PublIc UtIIIda ().~ 1.lkJag ..v..... by..... ~ll) oC1be ' .c:I8im b1befallawlDauicma,adtelaled ~. 'Aa.. TIle pabIic llIIIii.y DIa)' ~ ..,~I"", bldaflaoli ....lIfteclbld- ' (1) TIIe-';cIIreclIyrdatedlOdI<ipI~ oClIIlllIifyIaatbBmacbiD- drn r...paf..._ oflbe.... BidI-~ ........1 ill.... .~ 1D IIicb II>- ,..,..~... ~.I...oiberpeniJaal........,.lOadlptltlOlbe""'~ ._.~, 11... '.1baII bee:lUllllplliam"'ll,I_byIbePubllcUdlllic:sCalil- IClCMlClCI"'101IIlIIdea.~aI-lbe"'P'-1acoIiaa...1IICIdIfyIaa miiIiiiL' , ' .' , :. .'. . i ' . IIIe pawerlClpJliy., ' " . (l)(1)ReeoaabIim-B><P""'CIIaIdilidaaIOIIIIIriD&""JIllIIICpa)'- (2)Clalmlf...paymecII UlldcrIblJ ..-..IClClIlIlIIlbeaubject ICidlefoJ..-.,. raim, naiIpnIfi1__.hA..... amaQ ~ afilOt men than ,loWma~:, .'., , , SOOlllllplayees,lbaI1beeall1ledtoacaWlIIII...... ....Jo-~ (A)~ _ shall be reuanabIe ill -.. ""pc:aa, _IOClIC:elld Slo,oooJlll. ~_' 'II L_ . ~ sbIIl be (8) Tbc..... CllIIId _be.mded...111bsIanliaIIy nduced II... aIIer.. aaIy Ibose ""poIIICO Ihat are "'M..~I. ad ..... . 8IIlI1Ddade. but. IIIIe.YBillblullll,IUiW>lesllelClwbichlbebuliDeawun:ifllllCld. __lIl11h1llllo: '"'..';" ' '.: i.,', (3)'IbeCClll ofllD)lllceasc. pa1iIit CJt cenlfIc:IIdaa zequirecI by. di... (A)Rcpain arl.....v.tIIIllI..IO~"'P'- pOupooJuRllpIired pIaoced '"'"'- ClICII:llCCIID tbe_llICb.....a aec:euacy 10 Ibe....... by ~ Slale ...Iac:aIIaw, cade... ..~ : ' III>U'''''''':''ofllallplllllllcmal._'~... , . ,(B)~oiIsiotbcl""li'L '. )lRipeny1Cl_"",*tbe . (4)Tbc.........I"".....afln)l piAc..AllDII savbs (IDcIw!iDabul_ ,!lua-lIpQlmoa...lIIIIIre np-ICI.-..lIIiIIIbIcfor caaduc:t-, Iimlled 1CI, ~~', altamc1I' ... izai-' feel. ... ........1_'. ,iD& Ibe bamiea. . ,.'. ,!" c:b8rpi) -..yr"'i>1mmia& lhe - ofpe:nciDII.JllOllllllJ, JDOYiDi " . (C)Caallrucdan8llll-.nfCl........flIrciXlcriarslpiflllOadvoidsc chepenaaaJJIIIlIllI1J,...Ins1aIIIIi...ofrelocalcdpenaaalpcapenyallbe lhe'-'- ' , . . repl'"'-lIile, , ' ..' (0) I'!avllia!loCiaiIitIei tiamripL of ..., to ~vn..'l....;u Cl)llIIc . (5) ~ III iIem oC petICII18I pICIpCIIJ wblchis lIIllcIla ".',":1100 ....,.~ wi..' .... ' . , , with IID)I busiaes( or farm apcndaa Ia - JDOYCd bulla 11Ip1aced.-llh., (B) lledo..v.oIillil... "'P''''':'- of IlIIIcKl or warD auif8cea III che.... ~..-4I1Lo JtaiI, relm1l\..- ill IllIllll;lUlll DOt IOClIC:elld (I) tbe.... p1- slte.1IICb. paiat. p-n....... c:mpedaa.t, '. p1~ ., CCIIl,lIIlIIIIulI)'I)IitJll" , recei~tiamllsalll,ar(2)dJe '(I') C '-ea. r.... aDd~ wbeallCllp8ld ~p.rtofmovini "". -""""" COitof IIlIW!D& wIIIcbevllr Ia -. ' . p:ua. , ' ,.'.'.. '. (c)AdvlaCe~ A displfClld)lllmD l1li7 be paid farbinDlid- (0) FeaIbiJity~ I0Il taliD& ad ..-.....~ poied lIIOriDI...poo- inadvace or die accuaIlIICIVll. A public eall1)" (If) Ad1aIlIemcal at n:r'L. . __ ' . , " ' , ob81I)liovIde amace ~ "~.ICI'IaIo;rPaY- wwhil"llllihill, ' 0) PmfcuIaaal savbs ill ~~-'7" IWJa wIIb dlei-..J>-~llllIICof. fho""";'llb8cclsblp.PrInIcubrCClClliclonllclsbanbeaiv!mlOlbefllllll1C!al ,rep1~ , ~ sIIe.. , , '. . ' " 't ' " 1imi1idaas-....s~ .'p.oft""cecl by law aad lIIlIderIIciDcome pilr- '. (J)P.--f iilc:reuedc:asiioC op..o1IvuclailDidle fint2}'f111'1lllllc .... ad ICilalJ film ad hn.I_ opoiralIaas... . rep1L A sIto far IIICb lIlimi as: , '. , ' , (cI)Tbc'IpClCIfIc)ll!lY!licml...-l...... ilIlb1a IllCIion __ I"'........, I. Leaear1"lllllll cIuiraea. ' IOpnlClade. public CIIIity.udi.Ece1lpClll albcrrcuanable_ ofef. 2. PenaaaI...l1lIII...;....Ity IUCI, fectiaa ._lDcIudiJig ............ _ aad III11IIIIiD& flIr usip-, 3. , '" ....:.1....... aad " . , mOat of I'\lO\'III& eqialse )'0',;""'; by displaced JlC'ZIC!CIL' 4. UlIIIty cll8rp.CI<CIul!iIlI...... fea., ' '. (c) SeIf_ WllbOutdllC" . A 'L~oflllOYiaa""P""...1CIiIaIIi' (K)1mpaCIr-..........-l- ......flIr~boavylJia&e. i1Icum!I. . ........... pc:ncIII eIectiaa III 1llIf-Glve l1li)' IllbmII . claim (1.) 0Ib0I' Items _-"'.11CI1be , ......""- of &lie ...~. ' ' f... his IIIIIYina ClpllIIIllIlO,cbe pulillcClllity Iaa __to ClIC:elld' .' (M) Far.purJICIIllI at cbIl sui. ....... Ibe ...... "IaidI :;t:" sbaII, ' ... ~.low bid ...IID__....."..""':' 10 die ~"",..., eadty. _ .buliDeubaviD&DCitIllClCClIbIII~~ __ . al1be sIIc ' , (I) Penaiiall'IaplinJofLow Y-adHiall~~...Pacm beiD& acqaIrec! cirdiaplaced bJ'. plCIIIIIIil...pojIict; w1ildJ lilII! Is die Ja. , " '~ WllR.barbeJM8'" ...oftllepublic:llIIIil)'.tbB.....of__ CIIiaiIof .~.:liYlij.SlIa.m ..Io4ll11drbJcUtcbJllarhallliD& IDa .., Irecct of"~ i"-'J.oflow.,.... aDd bI&h balk wblchla ......diIpIaJI....deoIcesdollCllquaJlf1.....uJ>.5. ~.tac i-.- WcI II... ,~ with lID)' basaa ai'falm ClpllCII!aa would be dlspv- of"1bIa' L_' .. "', .". , .!.. jlOi1iodaIi,iiu'lllIllClCllOila .lhe~nh.ib.....le.4f......ex. (2) ~.~ .'I'Iic~ Is. .w_ .4""llaiIa&atie-, peaaoflllilvlllalllCll..___1)- ~IiIItCllC:elld_dlfli.._~ ~.apeadi~_<"lCldIldt..4IO~~.. '.-y, lbeeoilof"lllplar:la..Ibe_..~Atleltemil9lllableClCltbB ....adIc.;....d/aIbII=.:,.,', '. .' ' . __ ad 1be.-. whIc:b -WbaebileilMOl.04 fcltlllCb JlCOIlllf" (A)r...a.....of........ -.1IIl:IJ-.allicetl.uA.a..fiIIa& "'''"-. tyClllll'J"'d-'l-1bIa..v.IaIaa...vIa.....~.11 ..L;tbeippllad ,..II .,...lIadCI~ ::. ." . '1" .11. toc:1alms IawhIac tbcllD01'iDl of ~ .~ IIDII, ........ (B) r...a..... of. '. .~ , I.. ~ JICIl" .L_ ..,ppru... pod- . \ ."[" . ~~ad~pc\lpctIJ... '. . uctla\.......orCJlllerIcilcms1lllldilldleaormal__ofdle...- 1),:. (s)ba ,', L IaSappaltaf.CaIIII.... . . ,'CIpIIl1IIacIo. '-. . .,... f'. (l)n-,;,; .1..latbe,Cuear.<fiopI_pllIICCIf>-.......,....seIf.. (C)11Ireiic.-...lllIIc:!lar nifmbI.', _. .dIe,,?" . allewblch . . - u pcvYided i!t ~~~(ll) abmre,.c:IaIm far.~mea41!1*r It'll far-~ ilW..-..elICqlt. pnlvldo4lapara&nlJlb (J)(1)(B) of Ibi..llc:claalllll1be........llldby.1iII...CI[lber~at~_Ja. IbIaIClCCiaL , . ." .'. .', 'ClllRd.By ...;...,~. ,.....o;__IIIepabllc:llIIIil)',lhellltIi, ..;"'4~ . (D)IDlereitCICIlDllllllybOu~...dtomd:cIbe_CII')lCll'dluelbi:..... , - ~ . - ~ . . . . .. . ... . . - "- _. ...... --- . ,. .' . . 'I1tIe 25 DI._ ~t alBDDSIac mil c...........dl) ~..d.'J liII JI'J.... 161. , , (B)~tD.~~lDtbe"""'icl"I___ " '...",,' , IfIi'nay '" '. .;.:.. '....... 1ribale LoIl)-._ho .......... ..', " 1';"I~-.,1~;t>~-.s.76"...J .. " .. ~~ ~o::-.......,oallllt:acs.o.2.o;.~ifr"". - tIIod2-16-7I ~T1; No. Ii; I. ;- . I af........-..:=...D-I7;.;...P-II-f7~ 3':rt7.~~-"!"I_NonIIIIodI-.,1H7;ar--P-IW711cP- ."',Na.33).', 'I ',:. 1611ll1. Abn..,.,.....,. ,11"'- II , .nci ~ I &OIZ. ~ DIreal:I cr I I afT..IbIII.......n.d , 'a) "'--...' .' OllLmIh..... .,.,.. f '. '.' " . PrIll nty. . . , , : ,......... t (a)Gail:nL ApabllcCllldtJ IIbaII ~.JI81IIIaII..""P'--)IInlIII O)A....... wbolltllopl""-' 6ambll~a(l7' IX'farmllpllll- " wbolllllfieatbe~.,.',.' . allIIClioa6O!lllllldlbil.... 'tIaa aDd iliDll8lbJet'ar "'_Ulllllr~ ~fD2,'~ IX' farlClDlldltectba oflaallblepnllllll pnjpaty ..laIIItof...... liO!l6,aDd l'> ,JI.., WiIb!be ....... ,'afddi.lciiaa, mqelecl.. ' orlll., _I 1.......,1-arft.m'P.'.....iuD_dell..a....d ceI.......lbeubeplld,iDlieuohocb)llYlDetoli, ......;.weqitoJlIl1be by!bepubHcllDll\)"lO be iII.......do.- .!beplOYiliaaoaflbiloecllc& .........IIIDIII.J 1Illl.... oCtbe boIiDiaiirftmi ........... (bot_ ill- , ' (b) Dett....;w.. ACIUIl Dinct ~ otPnlpert)o. AclaaI dinICIlca of ' cIudi1Jc. bod-.. ~Ib.d ill Iei:dae$).. . ..ah..cI iII_- }A...-I) abaJJ .........diocd GO !be buillll"lbr;leIIcro/'lbr; CoQowiq: dIDI:e wI1h _""""'- (b)~. aapt...1IdI. ...J>-4s11d be1iDl ,(I) 'Ibe fair..- YIIue otlbe"JI"IIIOII1 t'arm,plno~ DIe" ill Joca-' .leIIlbm SI.ooo .........._ $'0,000 For JII>~ DfIbllIOCliGD,!be, tioD prior III ...... "" ' ..', oWIIr ItiaiIliiollIJlecified ill tbe ~ _..' r abaJJ appIJ III . (2) 'Ibe ...I_.~ .-.abJe COllI of ,..~ !be pupeIl)'. '1iD8Ie h......... ....... eC !riIedIerilla eanied GO 1IDIIer.- IX'_ 11IcpabllcCndtyata)'~""'Ibe_lItit.mUe.""fldeer_ JepJ IIIIIdi:L . . " ' '.', " ," , COlt 10 IdI die prIIpllIiy or It DII)' pcmdt 1boi -~ III do... 'Ibe ~, (2) Lou of cioadwm. Wbeo ....... imder... oaIaa wm pmcedc cads taIIred CIOIII ""y II1e ohlllX'JIIDl Df!be JII'OIlOrIY slid be do-..... lcir.daimCcr"""'P""-"'farlcaoC..,DdWmIJlldcr1beBm- ' duc:laI'ftam 1be ~GOofJooi.IlI-"""''''' ~ IJIIdcrdlis lDoaD.DiDaiDLaw.lbepllllllc_befcRteDde.m.~_abaJJ" 8eClIon 1be..--"'" COIl of II!' c1flllllO seIJ IbIIJ be IIddetd 10 1be deIer- io wridaa ..... poniao otlbe~ If' Iity; II 'lll" ""-ld.ID be ~ miDIIlim Dflou. , " ' . ' )ICIIIIIiaa fIX' Iou 01 IClCIdwiIIllllhb.lIl oxpIIiDbtwddaa dllUD1 pay- , (e) nn..-\>Ol~ 10 SlIJIPDIlClaiot. A daim far'~ b.........do. , ..- mide ~ 10 ~ of CYII'I'i.........;;. '''-'on. 1263.510 eI ' 'IIIaII be IUJlIIDIlIId by wri_ ~ l>!'looawbicb DII)' lndlllle ap- It!4 (!be I!milIoDt Damtdo LaW, CIIIjier 9. Anl!:te6-"('.. I. ......L_ pnisah. cenIfled priceI, biDi iIl"'" recidpII, _u.., cbecb, ooplca for Lola eCOoadwl1l") WiD be Nduad ill die.... -. 'Ibe par\IGD of ~ oIrcn ID oeJI, IUCIIlIo Ja:llI'lk, IIld lIIbCr ~ IIp- ....oidrnd 10 be ...;,p--.loa far Iou 01 joodwilJlbIU 1iDl esceod !be 'propria!elOlIIppClrItbaclllmlll"lbeplibliel:rllllJ.mIIJ.........vaI_ " dilf_--1beJll;Yllllilt"-DiIdort1iia 1lIIClioa1lld..._ ue 01 1beplOJlllrl.)' Jeft ill pJa. '. , , ',. whicb 1lOIIOIIIbJ}' lIpp"ftl_ !be ~ em: :wbicb lbr; "''P'-'' . pInOD CllboJWiIew....JdbeeHalblillllldorSecll.... (i09O, 6092, 6094.1Ild ." '. &OM. AcIuIII ~ Ellpe~ ift.Beerchin; for.' 6OlI6. PaiJ0i8tD piiw;!Ie IOCb w.;a., ...... . ~ .l..d """'~ IbIIJ ' . .' ~pIUlment.BwI_or,"-. " .' COOIIiIuIciCoilclIlliWl'--fltoalbilIlOPDnioa Ortbe..,me.iisCOD" ' A"''P'''CIIldpellllll who lIIIliIliea!be ~lii..4c1lJi!d1i11''''l''''~ aideted 10 be 00IIII1 ' ,;.." fcirloa of aoodWiII tc:t1be ~j)uooo 01..... . 'ofleCl!clll,IiO!lO'WlduapOcttolClllll...- ........lIIllViIIrIexpetlla.abaJJ par\lGDDf!be<;odeot~~a.4--.sillboWl.' . ' . beeiiJiblefar.~iII"'_DOllOesceodSI.ooo.iD,-.cbiDa, (b)Reqo<h.~.,', 1\1.01, rl !'a)-slid 1IOtbellllldeUlllllrlbla ' ror.."iour ~"baaiDealX'farm,iDcIuditiaexJ!lllll"liDcurradCor: 1ClCIiCla1!lllell1be........-."....""'-d181: t,., " .'. , ", ' (a)~._" ' ' . (i)'lbe~~1lI1aI1farftlltlll.,u....-aDd_ (II) Mella IIldJodsiDa...." fiom bome; , , betelOClled wiIbDut. ..r.t_.1 k.iI ofill-..........__buodllil (e) 11mo apOol iD -.:billa. baaed\llllbebOudy.......rareill"lbe oa1ary . cooaIdo.. 01 ill 'p.;;dlo.ul th.. _ .. In(o~ ~ Cacltn. , orcaroioP of1lie.....,,--'pencio crltis ....--4ltIive; IIDlI . tbel7Jlecifbliaitaaco-...... '.I.!be-.eor1be~~lbe~.elm-. ' (el) Pea pllicJlO · tal - .. or ~ 10 locale. ftlpIacemom" ...- io 1be m'P'-..i bDaIi-a Df III ......1IJ!d jIo..,..w ............. bvOl-'/lrfarm.: - , ,,' aDdlbeavaOabllilyof..uilabJe~afle;"" .,', NOlE: ~ dIed:..... 50460, Hoohh..d~oa lleI'a-=.... (2)'1bebuaiDoiais -..."or.;......,...il!IIlIIlCIJIdaebaYiD&IIO_ Iiaa 7262(<<'). OI>._--oaHmaay , , " ',', IbaD line (3) Dlbor...,......... wbIcb....-beitIil acqDited far. I.,t~ . uirfinl'......I...1III "" .... (c)oad_Ncmlfilodl-l2-97; pIDject .D!htbIChIlIilippd ill !be _ IX' aImIIa- hnoIN.o. WbeDo...- ' --"11-11-97 (RqloW rn. No. 33). lbe _ .............. faciJ!l7 Df. buaiDoia wbIcIt ~> ~ diapI-=ed1ium 1- McNIIIlI~~ ilI~~;""'farlea"';":iwo;...ln: .... , '8..11.... '. . (B)HaJild ' "-' 'tecelplaofle8a'a.S2,OOOilDriDa AdlopIoced~wbli,>_" ..it"""'acd~pritudlyCorlllfat_. tbelWotaxable~prIar""~ doflbe...... ~f d of" iD& iti!be puicbaaO, aaIe,.-... - ~ I ..,JlH . ... IX' -III 'lbe to. . .....,; or,:--". " . ". 01 piadac;a, ,. ., ~li~ JICrIlI!iaI i-~. IX'........ by !be eftlCIioa. '(C) Ilia bid .~IIIIIIIIl_""" oCJeai thaSI.ooodUliD&lbr; IIId .....im-_ 01 0IIIdll0r *I1etIiaiaa diIpIayt is ~ to JIaz- tw\IlaIIIIe;anp.;a;lIi!be 'oil,,", :... of Ibe .....! .. ... _ af , " Cor!be..... ..1,j,._of~lUcbdiaplayaIX'1beIrfD..r1ft,nalDe, lbe...--.1boi,...... ".....,. r~wiD_be"""'...... ..cI__........' wbIcIiewrla..... . . " ';, .H""'-C"...,;;......Gfllda__'aDd . . IlIOlII. .AIIel.Ilb.PI'II_.~ 1nd1vlcl"'8IlII~'" (3)'1bedl'!"--'---:.. '.. , '. '. " ApcnGo orDmily wbilla "'"... lliamadwe\liDaaDdk daIbJe . (A)H8d........D...eCeipllot.'-$5.!JODdmiDalbelWO ' ....~.-........ -adlrllCli -- lUIbIe,...priorlll~', d..ar . ' ..' . . for.pa)'JIIGDlfarllClDll...r . "r'""'_""P"" 1aI_ (B)'1be.........bllaiDeiabad-aium1_,-.ot.1cat . JIIa1e1llC:UO~lIIdlballbepaid.iilIitDDfaucb~.lIIOriDa. . _~ _.,...... , . . ex IIId dlol..........n.n.-ob.,uJb..cJ1D 1CIlllIdaace1l!ilbeaJI:. SI.ooo cIoriD&!be lwO taxable,.. JII!orIll diapI , -:- ": IX' , . , H-~...:..-. ut..o.-.. '1...1 llII..... ~ " I' ~.... doe (C). 11Ie""P'-od................ .~:u IJ3p11'CC111lDfIbio .. -- ~ .~W_, "'_m. ~, ~ .' ~'.' lOIIdim-iDlilimeDf!beoWllit(a)~.eachof"!be_IUlble,.... . CaIIfamIa~""'-'lDf~.. . '. pdarlD"'P'~ ,_nI JfilllDy_!bejlDbUc~"". d._tbIl1be NOlE: ~ c:IIod: Sec;d1115IM<<l. HoaIlbIllll s.foI;roa R - s.o. . . . ., I' -I , ' '. ....7262(b).Ocr..~ ' A 2 -/'/) tw\I~~pnor~~II_.,",:,. ,.. ......~. 16102 BARCLAYS CAI.IlI'OllNU CODE OFJUrGVI..AnONs 'l1de 25 ' . ". ~ ceipII,....ar--.IlIlll)'JDIIle~af._."I"~pa.;, '111112. ~ If CliO" itauIIna ""0_. far 1I0Il__._.. 'ad. '. ". . (a.) GeIiInI. A paItic llIII!IJ liIII1IiDIka 10 ...... WIlD fa iR'P'-" . '~)If"",,""""""oI_lIiowcdlalaa-.lliiaoqaltJ-ar'" . ~ '~adwbo'" ..~~..;..,' . " " IbIp.lbe~ ......".-r-alboraiu!da"."'"u<ilIl.diD. (Rl oI__a4I1111___ oI...'_1MI (b)oIdd1.......JiIY- . 24.306.' ..". '. "_1D~.u",..U...:..A....t'afs22,soofar:. i (o)D '. ........oINamberofB..oI. . .(1)Tbe-.IfIll1.wbldI......addedlDdie......~_of . ID "'" I I.. wIIalher........ _Iep\ 0IIIIlIeI, all of wbldIlave lbedwdiaa - . r' . U...a..pIqjoct..... _,..~ ..... _. delea-- .bee8~.' ....II....liDcJem__.!befo1lowiD&fIlcIDnllllllD/l DiiDedta." ...... wIIb-J 1i~"(o).af'_""''1J~. 1 otbIRllbalJbe .. .,. <iid.' . . .', .clweJBaa:TbII-I1aIIJIIll~1bi4lllil.......beI__1be1Cljlli- (I) 'l'be",1O wb1c111be -JlI1lIIUa ad ~... m.d: ~ ,Iidaa price 01* ..:.,.a..4l1w!=11iD1l1id 1be 8CIuaI.-.:b.... p:lcD oflbe (2) Tbe _10 wIdcl! ...~......loI\y ~ ...InI"--1y iDIene-, r.p . . cIwoIIIat. ClICIpl,__ . d1.p._ p.Km, iD 1bi cIrcam-. ' Iaaed baII-.'fUllCliouo... pIIIIIClIJad ....... ad finMwoIa11llma _" Iloo4 iD ,...;...... 6Il1l(a)(~). II wIDiDc 10 l!I8 Ibe _ ". mt J..~ ".;'.. '. .' . . maaeyta~1IIe~1._at..dweJIbw.' (3)Tbe_liI wbldIllld..'lIdliellirebold_lD1bepublic,lIIllIlD (2)Tbe-.IfIll)',lOu. '. --1be H..' ~I.pnilllrar..)'in- !bale" .._II)'daJiR&,wllblllCl..lldti............--- 'CIlOIIIed....-... ..Ih.odiD_.....,tIb-1 "lII(e),.. '. (4) Tbe CIIIIiIlIO widcb die - per-. ... cIaIeJ)" n:IIIed JIllII!IIII be II ~ 1DJ!8)' far r......a.lbecpdiltiGa 0I..-.pi~ dwell- OWII, IllIIInlt or....1be llIJIin aC the anIIkia. . . .. .' . iq. Tbe ~ IbaIl JIIll be IIIIiIe IIIIIea Ibe cIweDiDa 1CQljb.4 by!be (d) Rllqabo4\ -- F..._ III thecueof.fIIrm cipendlaa, DC pIIy1IIOIII JlllbIlcOllllly _.........'-od by. bmallde IDIIIII9 ~!I'II' valid obaIIbe m..se......1bis IOCIlaa UDIaa !be piIIJIIc ealil)' delermlueIlba Hen CDlbe cIweIIlua r....1IIIl leu Ibon, 180 da)'s, pdar lQ Ibe iDIlia11aa of _ !be; r.rm IIIOl da ddjiiiiian,of i farm v.....a.... prior 10 1Ia qUsillciD.l[ , .............. far ICq1IiIidaa of...... dwell... (TIda time ~ the, diApI-IIl11\1iledlOoaJyJllllaf!be fmIi......,... ~openIIlr ilia)' be IIIIIl!IfieiI ill __.... wilb .. plo.iIICDI of ..,~ICII (b) be- wiJJbe~IO\lneba!DdIiJUced~.fllrmllt-""If:1be 'Jaw.)', " '''rh:' ',' , _ pan IaieD -lbC defiDItlpa af. - op.......pdar 10 IbelakiDa IIId (3) "... . ".Ie .............. deIermiIllld ill _.s...ce wilb IIIbIecdcm !be;lakiDacaUled 1UCIa. ~1.....1a Ibe-.no aflbe exlIliaa ' (c) arM IIClIaa. ~by Ibe "'opI"Ced pllIilIIl-lO!be pur_ tarm~~."1D{\III.....tIl1 "J aMy I . chueoC1be.~J>.. ....f!weDiaa.-.... . . (e) L/lolLl 1~..&O<poI~.ID"CUIlof.lIlIIIpftif: (') ht-......wllb__6101, Ibe_af~--" ac!wl:lJ- II~. 'I .':'I'IJII, aD jla)'Iiiaa IbaIi be mlidnlldcr Ibis IOCIian IIIIIea Ibe hia wblc:bdllelDatlllilr)'lbcclecem. ufc IIIllI ~ IIaIl4a.d . publlcllllilJ 4tla....Au... ' . ' , . (b) RQalhIHtyOaallIiolll.. .." , , (I) '11le.IIuuj.o.dlt.:...... ~ ..ICD _ be ~ wilbDul a IIIbIlaa- (I) A""""""""JICIIlIIllSellglbJcfar ......-tllDderddllOCliaDifllUCb lial.... ofila exIIIIJIc... .,. (!be - -..,)'..' ........a.IIIOd penlIII:. '. I' In ",..: ,,,...with.a ~l ............,- iDcJodeI!be membenbIp, (A) II "'....-ootliaia. dweIIlaa!bat iI.aciqidnd; , " po:nlIIII,~onIty.,or ~"~...,..s ClI" alrecledby!be acliYlliea,af (8) Ha acIIIaIJ)' 0WDed IIId ~~...... dweIImafar- leu Iban . IIie ';""".6.';". I 11ola);1IIII. -',,' ." 180daJapriarlOlbe~of~.......farils-.p'loltln,:aad " (2) The"';""'.dIl aor".....iI_ apart of III CDter)iriiC baYlaI., ,(C)l'...1 !IDd~"'" .....p.... .'..... dweDlaa wf!b/II....)'ClII". mme1lllll.dne(3) albor.... I.takm'~' -bem&qiired wbicbilCD- ~ lD*dateClll wbichbesUlYed fiIIaJ JII)'-tim die pub- ppl iII.1be - Cll'llmlJar.mlly. . - . . .'." Ilc OIlIi\)'i1hD _af!be acqiIInod dwe1IIDi ar Ibe cIIIe aio wIdcb be (I) NclBOrniQp The................ --Detc:andDp"u1llOd1ll - -1iuin*acqakeddweJJlaa,wbIcb6.olo 11..._ I. ' tbia IOCIioa Il1OIIII -wr arab)' 1IIll_.... of !be baIIaeu ClI" r.m - (2)Jrlll_.~ IJIbuube l80daynq\4>__lIIdcalllllb- ........c...; 'befaie fCdenJ aad _Iacome 1iIxeI, duriD&!be iwD (2) lU- 1IIhio*.-ItfacIioaofdaJlllbllcead\)'lbalbe~ uiedWe:uiaa wilb ab~ )'OIrI--)' ~ocediua IbelUabJe)'Clll"lII wbIcb Ibe bull-. Ibe ......... ofmaklJia.1t Ida I'IIlI!l afmol- '~~Iballbc _ wa iIal ar fInD lIpII1IIiaD- ~ Ibereall""I"'il;r acquinod farlllCb projOct, 1IllllI..... by a diadno 10 1IlCCi'lll",~ . ' IIid b!:mcftIi.aad ar durIIia lIICbiJlberjledadaslbllbeidoflbepubllcellll\)' ,dcIcI~to tblit be IlIliIberbew.1Illl'1baoId Iune IaIowalhilpll\llic ""'I'"'-ltl", wa be momequltabJcfar-ohItJa............ aad IDcJadeallll)' _ , ~Ibe pabIIc CIIIII)' l1li)' Jeducc Ibe 1........_. - r r.' ~ paid bY !be lla.d-iarflirmapenliCDID tbe -. Ida IplIUIC - (3) ~far_bqoaad1beCClllliOl arlbe"'.... -<lpanIlII cam- ' ClI" blId.l' ' ........ durIIia aucIi periIId.,'Jbe ~ ..............1IIOd III Ibis, pleIiaD of -...dw; ~ ar ,. . ft d. "..,.__ IOCliaa iIIcJadeI.lbe1ole P.'........... ill lloJe)ll1!prielOnbip Ibe priDdJiaI dweDIaa II delayed be)'aad lbedlle by wbIcb ~ ,..;..., 1a#qulnod.Ibe )iailaen III. JI&Ib*IIlIp,IIIIllIbe~ -...."""" of.""'............. Jlllbllcllllit)' abaIJ dcIcImIae !bedlleof C . J ) lObe lbediie J!le dlI- . iii deIermiJIed by 1bepllb1ic:lIIliI)'. ParJllllPMS of ~...u...' pdacI-' pi8ced ~ _ iDIo' ClJI!b&Cl far 1IICb~""", ~I-"'" , .pal_" old.w. ~beldbJ' ~.IdI.nre aad lbelrd l;o .....1 ClI"R'ceIIIaiI arfarlbe .-~ UJIIID.. ...._,. af:.~ III be ddIdnlIIliIII1I be1nlllllll__IIIIIL' . , '. CllIIIlIUCIedar~ 1f,1IIfacl.1be"1-r...dJDlDl~1be . (a).Ji...op1-p...a;.............-.buIDa...firm<\ 'Ioa p,pIw-- dweIIhia ..lIIli _-6... CII'. . ,.~ lacam- eIe:cU III ncehe a.JbeiI ~ lIIIder.1blI1IllCIiaa. be IbaIl JIUride pIeled. . . : " proafaf.IdI_.......rna Ibe... ar_"s-odw 10 I!JeIllllic1 (4)Wbere,far.....cirllanllblpar.h . r ~ lbeCOD- _...cL~ af... ..I.." l1li1 be _1011,- by lDc:dme lU -. InII 01........"""" pcmm, IIICb per-.1I.aDabIe~ llCCIIpY1bemplace- f1n-cl~'" .-..IIIllI.. .11:,'11 JIllIIIl'da...1imIIar ~... _ ~ bylbe ftlIllIIn4 -. 1be JIIIbII9 CIIIity DIllY, exlIlIId !be able IlIlbe palticealil)'. " .. deadllaeas, ;r.lfbJlbe.....--1be "',p- JIllIII&l hat COD- Nonl:'" b.eIIIod:'SeolIlIl~__illli:qOode.R r ":.....~IlI~a..... .....dweIJIac,IIieJlllllllc ~IIbaaJd""- . :::;~':1:' ~::::'~76.~ - - ~'~F" 'of-~';C::u~~.:~.;~=~~.: At' ~ fecdw JJ47-76 <ReI*or'Jl6, No. 44). . .... 2.CenIIicoIeof" . - 1iiod:l.-1~77(1lepa-77.No.I); . lIIIIbIe,'*-of.llllllarllllearDldaaal.....IlID11llltlbeoc.. ,..... , 3. .... -" . III .<J. .,- (I)( l)-(bl(%) IIId (b)(3)(A).' - m I 'daa cy(.~~ JR' I '. ~~i.~ ~. . . (b)(3XD).: - I I of . -d~ (e)(2) ... ~ IIIId ... NO'I'8 tiIat c" ~ . ..d \ ua "P ~ /1IICGL ~fM?;'..,.....d~t-l1-97ca..-".Na.m' (I)Caltafc..--....pop'-: -. d ~ '_ ' , t1IIe 25 , , D.-_J 1G1~""''''C-- "ldt)D\.-':"'1~Pa~_. fAN . (A)ID ... a...,.*. ...A..1.. CDltafaClllllplnble. _. ... (d)v-4fu "'rDweJllDa.lDlllec.eafa f. . ~ ,~__... . choo:IIIq;lbepallllcaa,y. ..-4......--oflllefal1owlaililccb: II .......lIII!'.efat. _' -l9l1i1taf. ~....... ' . *,,"'. -~.;.......:..:.. '011. L......', L-Z... '-' . n~""'" wbicU.-.1bePfl _.......I"'I.....liIIJJbebllldllldle ___.w_ v:t .--...... _.... _,af... " .w... '~..-!lyllllkla.--~balllllwaf~' IiIIlDi pice af dwe!JIap wIdda ... ~ IeIecIed by Ibe paIlIIcallllJ ..' .~ lIIe-......,erfftbltla_=ta allallll,.ofllle ' '- 1IIIIWtdc:b__._..............aflb....inddwdJfaallllitllld_ "'-*-'tJ. er, If... , ....1.[ lIiIIeJ "l) 1D_1ui.-L.S... '. 1be.1o-_._.li~..IIf.. I .do1e"T' -"dweDiDs-_iD..' .'L... ~llaiIdiIill_imdliliIe,.._af.......-4-A.... ,. ~). 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A pabJlcalllljllll)'1ImIt 1be~lIIIIIellllllllrlblllllllllll> ~ oflbe"maa...r 1 ..do.. ._....~ caafer.....l1JIlior tIaa to 1be__!Il1IIe"1"w . baaliDal".>_4filrwblcb Ibe ' dwellbJllObeJian:lwed.ID....IIIbm_IbIa..,.~be.cm, l_w_wwldGdL.....,bellfiilble.. .'. ' fiDed.olbe I!Ib-In:a bin wIdda panQaandiapllcederm&)''''!>eI"_'' (2) Tbe JII1IIIlI& IbaJJ Dol DlUlIId $22,5lII. , ....d1f1iRlIlIub.-.i(1be)'illlaryarUClllldlllec:rilerialilledln... (f) Pm'iIIIW PayIiiein I'aIdbIIOL"''' . "'Ioa. .,' 1IlCil0ll6OOl(C). T"-Ibe..-CllIIIjIabIIIly'ofdwdllapialll)' Ifllle___afu ,.I... ,"bauliaap6)__bedeler. ~1Ii..1be~ IilaDbecllYlded.,.................".ofibe lJpeor milled ~?f.peadI" l"-" , ...........tbe paIlIIc 1lIIIlI17- CoaouucIiaa, inmober or IoedNIOa.IIIIlI priCe nDpI. . COI'IIIld IIIIJ mUe' ~1icIIIaJ 1"pI- ............._10 Ibe ala- 3.AlleI'IliIiYCMIllblid. WbeielbepJbuclillil7detcl!Dinei-lbItaeilhco' pIIced bamco;"-"'lIIII to !be dII&nii:e "-_lbe pubIic~. 1IIe""'""".............;...,jdw.-bodllr...bIo;lD.lh.a1;,;,.g~by ~Cll&ferIlleJiAlpeny_lbef L_ .,",caaaf.-.-.oIile Ibouii;ofl\lllllllct.'~" ....L~ .tep!-dweDlaj.1iutam,lflbeh ~ rn~_bao......., ,(B)"Wblcbever.-bod II oeIecald 1be_1boII beiipdlled..l'idIia mOmlbot IIjlaofilill ~""'-'- afllle r ... - '. IL R 1llll1be...- tbnleaaotbaoflbe_of ";''''-orlbe1?~ - ... dweIIIDc. " -bouoiIij...,. will be. , ~ l..JcioilllObMlaoflbeacqulaldea (Z) IDIereII ~ hiIaat ~........ IiIaD be cqliaIlO !be..... price.......i>.;d by lIiiCaan.If.Ibe" , 1 "L_. piCe. .....~ by ixlaaIod Pc- value oftbe dIfreraoce betwecia IIIe 8JII'CIIIIe iItIaat !be CCIIIItll"-Ihia.1IIe n..;.I.._....coII"erajIaD wblchlbepruvbiabal iqipicobIe 10 Ibe IIIIIIimI oftbe priDcIJiaI or1lie iDartpp 0II111e qdIIld oqlI_ bauIiaa ~ II baed, lbe 4It1i.._ wm be ..4uud04 dwelliD&C!YelIUh :'" 1 ..tam IIl11elimllor.......olI!oa. and olberclobt by Ibe ~w_lOlIIepablic ei.dl;.lflbe -W...... price uillbr. ocirYicc ...... and !be..... ! R -- paid Cl!IIIIe IiloIlpJe llIllIIe to- mined bflbeCClllllII}" _!be ....r I I' oft'w.... wbIcIo Ibe p.m. . P'- dwe1IiDJ, aadllCber cIebt... - Tbe....... and - IiIJDal """-lIausIDJpaymeatll baed,1be ____ will be,*" of!bellllll1pplllllbe"'P'.-dweIIIqferplllplllelaflblap.a. 101be~. .; .'. 1.- _, jpapllllll!lI be Ibe Iaaet oflbe . I I ..lam and _ af IIIe mart. (&) u. offA ~ . .1..1,..... JlcIr IIIe 1""1"'0"" oftbla IrlCiIoa, Ibe leu- ....llIllbe'"'\l....dclwellia& erlbe~ .....and_oflllemart. iDI of.""..... IJ.A.,u. far. ~paiod, erk..... wbIcb""""",,," .... lID Ibe ....'~ ~ "dweIIIJoc. 'I1oil ~ or !be cIobt IOnIce _ Ibe Hre ..~lIflbe d;op'-d,..... """':...oIa..d bylbe_I'D- wiIb IapecIlD Ibe sepI. A dweIIIq sbaII be IbeJeuer ofllle cIobt" CCDlHre IableaIDV"lIaI_tt1co ofllle Uaited ~.pubII--bylbe oeM:e _liaaed OIIlbecoatrequloal fer. oo...,.<l.... dweIIbl&. or IIIe PubIlc HeaIIb ~ oflbe o.p..i>u-orHealtll. "' ..., .~ iad Wd. debll[Onlce llDIlliaaed... Ibe ai:IuIII.... oflbe "'P'--'- cIwdIIDa- . DIe. sbaII be deemed ......~ of Ibe ~_', . Pnojlodd Iuiaeot er "paIouR IiIaD be -". Ild bo IIIe de<'1 I, ...... ' NOl1l: ~ oIIod: Seodaa 504IiO, _ -1Iftll:r Olde. R.li' See-- ofl8lftlllleiaiaat. ,,' '. lIaa'l263,O"........toIt. '. " " . In ........,.., IIIe ......... of. · I ' ........ iacreUcll! __call " . HInIJRy, . ' sbiUbeftlducedlOdloooo.......~...lIIIiaslllepievalliDJliItaeIt I. A. .' 01 J .. ~(a)(I)...(a)(4)ad_!'lom&lod~12-97;.... ' ndepaldOlliaYiDpdepaoilaby...;........laibablDlbe."er.hreabo. _P-U-97(1ipw9'7.No.33). '. , . . . . -~""Ibe ......- 'O-.....R 11.'-'---'.' , . . , :lA' 0I~' I.., (0)(2) &Iod 10:.7-49; . 1;"1l~ (IleciIIe< WIDOII ......_uw__.......... !IlI.No.41). . . , " . ' . (3) P-~ lDcidlIIa lD lben..~ oflbe P<P'- DWeIIbJa. . I PQmeiItllQdeidIiUe.dlllliba11~.........~ :tlDRIm- '," "I', ' ~1be"'IIp1-t,....rer~....fDi:umldbJhIm~lO!be '6104., Rapllcem.m H_1n8 ......farT.nanta and ' pIIIi:bue of Ibe', " ...... dweIIIaa.lacIDdioIt bill DliI !Iaibed lD Ibe . , ' CertaIn 0IIlen. . , ,I . . f~ Iepl.cioIIas.lIIIlIreI..s..............ddc--.lJ,,...... " (a,Geanl.Apubllceadty IlIaI1mUelD.~l~~wbolllia- Ia& co...w:t~ ......""'"' DIIIarJ -. ~ JIftlI*iDI d1n1Dp ar Iiealbeeli8lblHi1;;;.,.a._of.-.6OI4.ad1be<llr.II,lc.naoflllb- pIIII; IIIIlIcbiIpa paldlDcldeallO.~diduu,Jaoder. PHA;V AII...lmI- ~ (Ia) beJoao. . ~ _ lD eiaied $5,2SO fer eiIber: . " Iarapprialaa! COII;I'.HA..VA erlimllar"l'l~L...~ ~fee;_far'cerdfica. '. (I) All imauar;.. I '",' Ia~..... wldI.-..~(d)(l)ofdda' tlaaaflli1lci...", w..>w:": c:ndIInpliIIdIqea;~rer___. 1CCIIaa;. . ::t"llDiiIielldi"'lDJo.e__."'P'~'''''''' . tiid 1IIIlI'lp&Iie'. nidCllcf.er -- ofdde; -- ...... fee; Iiid dweIIIDa fer i'-jiIdad .'111 CXCCed <<llWllllll.2. <<. . . ..._IItDIIfer_~fer&ll)'.lch~I""-.IiIaD_DlUlIId. (2)Aaamcioillt;.. "i',4>4ia ~.... wldI...;.......(d)(%)afdda Ibe _1IIIIlbUIabIe III doc .-~ of .,.--r dw'eIIlDa. SIICb . aecdaa, ,... :t 10 IIIIbIe ..... pri-.lD mUe . 4uw__llIllbe ':".1' -lbiDbe'l't'. .~~ 1DI~~ar.~.A."'. ,ladle JAu~fI.~~ ,,"dwelJi:&ia:On 11 tI....'~~I~'tlJ~.....~. u......._...IJr. " . ""~., ~"1ICdaD6Ion .' ." U4..--iiba11D1llbelDll!lelllllletllleP.v........oflbia..... . '(b)1DJ&Po'IIlJr-~".". . " . ciaPb tar &II)' fee, -. cbqe, erlllpae wbIcb II ~. ..dwid.1II be.. A ~-per..II""'rarlbe~..- ~_ ia.""'-...... ,L.. paIIoflbe cIebt...... artlaalD ....1IIIder11dehflbe TIIIIb iii ' '(a) Ifbe...... t!Iofilllowlacl' .M "11,11: . . "Le:adIas Act(Pub.L 90-321), 1iid".....l'J1011~laauedprnuailllbenla (I)Hu.... ,;I>.(l!bedwelJl"aafrlllll"wblclabe"is d1op'...... rer.Jleric!d byIbeBonOfOo.emanafIbePedlal ~~Nly""'_ of__ _ 9Odi)'I pdGrlDlbe -- ill,.., eatlllka feraaqaill. IIiauId beCGlllldlied bo II&~ I.......-,q af'--~2. _I "rOhD'~. . . . . " .-.~: '.,-.-, 161. iwtCLAYS CAi.Jro1iNIA CODEOI'JIBGtllATJONS' '.l1IIe 25, ' " . . (2)IIID111....tDnahea. 1" · ......ll-.1-liJr..... '(f) OW. ~, ..wt.n ar "-"pv~""'.'" tile __ ____lillR <<~IIIt..recohe""......-..4. Wbon pa\IIIc~""lawdlo---lll"'dbbiiao..... ........ diU__ tIIe,1l,". 'paDllalbl_ "' -af1bad. -'-1ba~_ .: _iIl.lmip_uiaadII,,<<....,'~.,~.".~.....-.,'ID.1ba... DdeIlllllrlrJ*llllJlbliI04(a)(%) 1bII1I11lt=a=-l1balllllllllllafJlli-. p1adpinga;:' :. 'C 'JIf....,. ,.' . ,......WIddllblpaDl-Wbe~..........6102.'" '- .", ~{' ',' t (3) WIIeanK . jlll)- ......... -. ...... (1\l(2) Ia ..... 1ba ... >. :Ifw.................................... 0..._ . -" Oilde _ , ~ ~1bI11 ~ OIIC ~d~ Ibe _aflilopl- pII'- ~I_ ~"!- ............qII\IIiod.. --,.' ............ . '--l!=IPJ."", - __ ' , -,1, ....-....beJllll'idod..........pnnidod..,.....ea- (c)TllepnlYlllaaaill..l ....61!l2lb)far4oOdif'jlDatlle.{>o.....-. """'IUS ""C/, ,'..'.: of~aIIollpply..llliaecdaa. ' Ncml:...... 1~-=.....-.BoIIIlII...SdII7011e.. - See- (&I)" ,I .....I1.lMafr..,~ _. <,~. . JicI:II'126O(i)....~,~ " . aa . ; (I)1lIaIa1a.I!lceplfclrpoqjecla'" ""JIriar"JamyI 1!I98" :-,' '... ilia..... ' , ' (_ '- hDd2)1be __ofpaJmeal..... ilDlrae;"_ I. r:....~ -;"1~;~o),~<;5,~"~~~;(tI)('Z)...- . __4ble~ dwe1\Iai.lIIIIIrlr ~ (->0), IbI11 be 2.. . ol'" .~ OOO)...~)-(4l(liwllodl6-7-f9:..,...ne tomp~...bylDbb..m..q__1bI'-,IIIlIIIIbIy...at'1ba... . 11-6-9t(llepra:lIt.No.41~ .' .' .',. , pIMled~(lIdclamiaIIIIiIl..........wIt1ItbIa,..~oa),fnD. . '. ',", , ,.'... " '. . 42 limealbe lIIDdhIy IaIIlII f<<. .;....;......IIlp\_ dweI1lD& (II . 11101. PIDlatloil or ~ ' '. , " , iIeulmiIaed iIl......t..-.: willi tbIa '''N_~''): ProWIad, tbIlill DOCUCFor,1!'c ~ at' .......,..... ... ~ JllIIb& IJIIder IIlCliOD may..... __ CSCIIOd IbC cIIft"t._ bet..- 4211mo1,IbI ~ 1iO!I8...!'1":--~,.,.-lIIIIIerIllCliclll61112...6104,~ mDIIIIdy IeiUI aidclamialllllli ............ wilhlld....~ ad 42 "'_iDdi~ (wbelb,cr1bey _.IIIWl... DI'_rIl!llilYlll'IllIl)Uv., 1itDe11he aioathJy reIIIII ~ iequInd fa' II!e 1epI- dweI1lD&' IDa IDptber m m.ld .tI~~ ftIlIII. &iDalelhlellill&lbaD be l_cW u ~"""by1hedlllplKedpa-. -~ " , " . (A) 8Iie MllIIIbIy IlaUI. Tbe bIK -"11 reIIIII dII1I..e Ibe...... Wbeae I ~iI-...ma'~cIweI11m& wiIIl_owner.,.oo. of 1he "veraae 1IIOIIIbIy reniaJ paid by Ibe d1op1"'-' prIMm 'forlbl CIIJlIIIl,IIIII JIIYmI~-~lIpII!II_fot,1baJllNlleF, Ibe_ 3-manIb peiIodpriorlOlnldllllm of~lII'30pen:eimca[Ibe'" dIII1_be cndIIed IDllllft.lban.........,cf1ba... A1pp- oda- p\8ceII ponGa'l -...1IIlIIIIb1J I-. (See -~ 6008(1).)' wile payable. TIle ow..... ' .....tabaD Dlllbe........"" lDabarelbe..y- Wbeae"1ho d1ap.:ed,..... _lbe......... cftbC cIwdIID& &am wbIda . ,meat 10 W!aIda bela~ or.... pIIlI'IIed ~ =::(='=:==)==:~'::=I..., "lIIodn..5-76."~;,"~ .-..........11-%7-76 IIllIIIIbt '.... .~._' b. _........... ~76,No.~ 1. 10- II -, , ,2.~ol.,. .. liIod, ~1&-;, !17<...-, '77,.,1). , ' (B)Compirab\eRaaL TbeDllllllbly...Uor............obIe....... ' , "-dwe!\iDlaballbelho'lIIDOIIIIlat'renlll...mIDedbylbcpabllcelllllJ t 11111. CondIlIon or.AIP~~IO~;4Dwiiinng. ',., ... ,bY ODe oldie melbadI doacrihDd iIl.l-....-.A. 6102(cXI),.1XlIIIkIl::riIl '(I)Wbaa.!fiIpIaoedpe:nllll'l""""-fa'."'P'''' - haaalDaJll)'- _ IWal cbqalmiadof1llllDaprlcelll'acqu!ah!aD COIL,' meat (1IIlder1CCllaa 6101l11'Ci!94)tiY ~"'readDa'lIlp\Ice- (C) ~mc:tbad Ia adocled 1I!e" ~ be updiItDd 10 witbIa meat dweI1Ia&.lbe_ u. pDendruJe, _bCdec:coDt; _IIIIIIIDI-' " ' 1bree1llliadaat'lbedaof.-Joflbclllp\acemCaldwd\lu&. 111)', TIaae _ tbree -~ 0... II """'""b-' ill pinppb (2)1;)c>..~Tlledu.......,_fa'wbIda.~"P""'- 6040(a)(6).Tbeallimia= " .' , '. 'I UDder\lll8lllllPh(a)(2) ollllia aecdoD _lie made, aballlIIt eIl*d Ibe . (I) 1f1bc puacll.-o/' 1Uda. ....em..&illbe-*cft1ae p;biIceadty'l IIIIOIIIIl of. .......,....... cIl,..,.;..a-'fclrtbC purchuecf. .......-4IbIe fidIare 10 1cIoadfy.. ,.0.-.... 1IIIIIIbar ol ~ .... ~- repo1~ dWeuluawbezuucb purcbuelalluauced,pb... "',In- dwel1lnp II requIaecI orlflbl iIwcIIIDa Ia. _ 10 wbIc:b tIIt.prIMm.1I . ddellllOlbe .....""-of.'"'I".......- itweI1IDa "".........,sI1l~ ICfcned b)' Ibepabllceadty.1be ~ of1ba4weD1ml cIoea lICIlaffect wiI1JSccll0II6102.TberunllJliumnof.~~imdortblaoecllOll 'eIIBi\li1111far.tepI__........~. , . . I, ' WII1beappllcd ui lbcpiacbaie of1l!e1'T'--no clweUlDilllll abaD be ' ~ Iflbl purcbue'oflUda. o!wIlIIIDalallCll1balllll!ltofapabllcOad. Ibowo aIi Ihe cIoIiD& "'0.:--' orlllba'clo.". .. . ft<:cepl.b1e 10 1bI.pub- 1)", "*mIlII'faIIure 10 Illfer. die 0lberwIae eIIIibIe ~ quaIIfi.. for lie eodty' , '. . ~-1lauaIDi ~_If 1ba lIIIIlla 1lrau8I& ~ ( '. II -~ (e) bu.i P1iyments f... DIaJaIeced Owaen ~ n.pe......... wilhlbedecaat,_..,.allllilaryllllDdard.mtbladtuafaaP-I..-LDn (I) Owaien. A dIap\IcocI_wbli eIecla 10 n:nrndborlbm purchase , be 1IinIIed ID 1ba _Ibal wuaId be pnaftded lia [ (tlu.o' wIt1I!be .I"'fl--o." dweI1lD& IIid wIao_1bc e\IalbIIIty.n ~hloaa speci. . ......:ho..ol..lmIIIr.~rpI-~ortbe_of1ba fled ill.............. (b)lulllib\Cfarlbl paJmeal"P""'1WI ill j'"' 5..... ICIIIII CIlIII of.w~.,,".~_. (lDcIudlDa IIlIIIDd _,' ) 1IIIlI....-u1... (1,)(1).. . . ..,. "lIaa,wh~."_II-., .' 1., '. (2) 1\. 1..... , A "'I ~""wIaola caIdiu& aepanIIe ad IIpIlItfiom . (b) A pab1iceadtyabl11l1Cll~"''''' ..... ....~peiaaaa ID !be peDllII...fllllJl1y ..ul!dL.lUJIPlId, wbelbenuclalCJlllrllrl~"'" ~ ~ . dwII1Iaa WbICb doea 1ICIl..ur, .._..... rpI- II ....~<< "--'I. tba11 betllllldeillll ~.... ,**1bia __ bouaiDa IlIIIdR. (lIeo ~'fi\108(c).) IIoa,llUlMlcbJl81_abI11be\lmllDd1DlblpaiadlluriDawblcladlo...' 111' 10.' .....1fI . ................' , .' . placed er-II rt... reaidea ia 1110 fII'P', .AIL";"" CIweJIIDa. At ... time the,' ~U ,r .1 VI, -..-.. '. dIlop1-' ~ . "",nO _lbalcJwd1bl&,.;..f..abajlloy_aderJbla . tJpJa....by.~~~- "'_wbDbu~;eI~' aecdaia abI11 be IIJIde III sac:b peIMm. Pardie ........-' af1bla .......... cbIICl\IlIIII. ..,." '''''''__~ but wIaoia 0IberwIIe dI&I- . 'dq1 nd.... abanbe'JllD8wj1odell1m~plrcc:ulilr_af 1lIefa'.., , -""bouaiDai*l=.ad'!ipub&:CIIIII:)'POI.".....daball. bIIl-..e In 1he fona ol sQlI fnam lliyprivlle prDIIIi...If!I1........ L ca1If1lD,mr w..~~. -- ~ .-.Ieadiua apcy, acbdanbiporilljlCllllLPaD-iime......anb6..--ilDbe... . :==:=~~=.=.= ,trO. daIb,llUllIII)'rcIaullbb.. _...'tI''''''by..............dutflflJ~, .. "." \ 1 ' " '.' .:1 :.;;~~:::/~~=~&lftaf!oai ::~~I'~~~~1i11ehilm~.', A'V'. D.. -, raldlllJWIJb lbelluullyolwblcla 1bey1Rl'JIIIl~ IIIlt . (t)a-tai..A...:-:~~~...~~.dWe11Iaa- (See" . TtIIe 25 ~t,""B""'''' C~...:. ....1). ~"."l ,~id r..';.a_ , 16124 , .-..w.n.-__.d.r,.dIe.....~J-.I..;......__.. '(clSacla~Dii.iIl--.~d .'.....(S22.SIO), , pnMdeddle..."7"' '~_. .aad.....-...........~ . 1bIIl1ledle-.!f.."wIlIIi:b.....dleaclDll~lIId1e'*- . p1II:aI......_.......~. ", . ,..ftlueaf..pllpCllJafdle~JIIIPSl1 bydle.,. '. (b)MnlIIa.,' Ita, ~.M. .4 m- ...-11 IJIiIIlIaall1d1ellUllk""flnllJllIIl~..-- elf _pIIpCIIy lIIlMdui....lI1e,lbe"'If. ...,........1Ie.. I 'far _.~lIIl1a6_af_JIIIPSl1. ',' . . ......, "':;,ba.: I wIdI....&QgO_~'11ID)IIUri- (cI)TIle~IfIli!.lIhclillidocllllDlIIlaIr ....aflf- IiaQI of.1bcIIi'~ wbIc:b FJIIIIIIII1IpplJ,mII1"'" ~ _, -- JlI1IIIIft)' IhID 'tie 11-....... -4.dibalD fInDt 1bII1"'1ppl)' 1Il,~ ...- wba _. \, .r~..~ adapMd 111" palIIlcllllllJ. Sacb..... ad bOllliar""""-w.-'". ' .' -lIIIIIIr1bla...mII1,IOIDdId>.. , (C)~?L . d~r...' . ' '. 'lIIft1r~~.afatlliclaiiljInJpcnJ.,_. ....~ (I)Apaalwbaow,IU' .M. ...dblime...--w..-adlile JIb1aidd......lIIlbeailtafiaquinldp1lpllllJ. . ad........ .i.. I nbada.d,..IIlDa_*IbaD..pnMdod (e) -A.lIilc'elr......-i?aiiaaalll7na1 ........;..1) .'''f~i . .........~~1II__40-..I'Jllecdllll6102.A.per., cIiDeIiDftlrlll_eh._bIii:oaIe'af~ }"'""icJn by IlIIIwbaowlIU __.r~.,,'>Odbame...~adli1e,_.... 'p1b6cllieaflllber_~IIId."iII1be . rl_ _ bada.l\1lIeItiDa ad IiIe, lbaII..pIVYided. ~iII ty acquired 111 ~pubIlc c:aIity. . ' , CClllIIdanCe wldi.... 6104. '. . , . " . " . .'" ,1,. Hi.;...... '. " : ' , Q>ApeisaDwba_.manufacllinod, ~"'~aadalle; 1.0- . ,.40( ~ ...(C)liIodJG-7-!I9;~rilu..,,~9!I.' 'adu."""'f' .-.._,........1 --.dweIIiII&-li1e,lbiIIbepo- NA.41). . , ' " vIdod . P.)meia ba acconlince wi1h 1CCliall6104. ' ' ,(3)Apen/III.wbo!JWIIS.-r........cIbame...lllcll!Debollluad.. Article 4.,L8at Resort Housing' "and..~-";",;I 11dwellia&lIIdceauuitil,lbaIItiepo- .' I yjded.aAo>lIICIitin-o.~wllb~6Iahad6104.TIlepay. f&1a PurpoIL.' .,' ' ......1bII1 be IImiled ..die 1- af: . '11ID pIIIpilIe ,oflbil ~ 1a,IIl ~ fanb lbe criteria aDiI.......cIoi...far ' (0\) 'l'be'_ ~ III pun:bue. CO!I.-o.w comparable.... .-....ma 1hIl iflbeaclia! otfpobllc eaIby 1CIIIIu, "'i1rlD i.dtill ells- 'p'~' · ,...,dbameadioobilobame;..-, " pI_.IIId~iTL' ........wllliIotlleaYaDalllc. , (B) n,e IIIIIlIlIIIl uec:cNCI)'''' )lIIICbMe · rep1- ...a..d'..-ed IIIlCIded, Ibe public iloIIi1J IbiII DIll iIa 1iIadI... fimda ~ far Ibc bomear~(ia_......willllecli~6102)p1.Ibc__ pujecllllpl\lVidellJCl\liilusIiiI. " ' ,.: ~'ilO_.rep1~aiIe'(III...o.__wilbaecdoli6104). ' '-" , ' In ~,;""..,tbIl miIoaaI, ~ go ..~~\dcJCIIt farlbe IiIe IbiII be lIICCIiII 18122. ,Det8mllnaIIon of Head far L..it RII lilt HoUlIIi1g. , IIeIi aflmllP ~.-I io deIerrDlaedle ~ IIIlliItblr1Cllllll (.'lfllll1&ebuiloCdDcleriWdfn!m1llnlllJl1IIId ".Ieo .........-afJ pIovided ill ~...~ 6104(cI)(l))., "", .' Ibc 1eIIod>........... af ICCllioDa 6048111d 6D52. die pIbIic eadtJla aabIe _" (4):A~wbaOWlli.""'fiomwliic:bl!e_e..-...r~.cI ,"'........~.......lbacomperabJe..p-.........wU1l1elMlllable. . blime cirmobJWonaielbill.. pnwided .'1lIp'~ boasiD&paymeIIl ,~Ibe liradaflbe~cmllr IbaD dt:lemIiDe~IOUIC Ibc- UDder IeCliCIII 6102 u:. purcbueI. """__ ... iad UDder ICCCiCIII 'palIIlc liIIdtJ;i IimlII or Ibc ruiida aulba..i>.od far tbB!project 10 JIIlIYIde . 6104ifbci_.sep1-_ '. , . ",IUCb- 'Y"'l'l---bclaIiIIa"'IPIIlIlIIIfy,IlIIpCI1li...,""~ , (S)Apinaa"..;cnnii'.-..r..-odbame,..."""'"""'-wbicb Ibcp-qjoct~~. ::t IllCCpIIradiad1!llliiJ!le. abaII.lIePtOYidad~.faIIowI: ,181M:' DMlopmenlvilhplac.menlH ~ (A)Jf.w....4__.cIbome~~,.~......... lJlIIIl . (I)GeaomL . " _. '. _- rtlIOlIbIelbc'lIIIIlIlIIIlrequirad III P.IICiIue. ..ou.wduaol",,'L -..... (I)FoiIowia&Ihi:~~1Il 6122, lbebead of dweI1IIII(iIloOO\a~widllecdllll610Z); , , tbC.............__..I~ . IbiII =t:* loped , (B) The imouat, uec:cNCI)' III pun:bue u"pl--- ..-.d'iILluoeCI . ---..,.-- -.. - CIIIilJ dneIop... - tD .' ..... , 'p'-bouIIo&pllalOprodDce.~ of--.-a..l1>- bome ar1llClbllebome (iIl.....o.daoco.. wilb ICCIICIII6102)p\uI ~-- . 1"_ dvo:eDia&L TIle pIaa IbiIIIplldfJ b!Iw, ~ aDd wiICIe die 1lCCCUIlI'Y1Il '- rent or i1iake.. dc.w..pa)l1ICIllCInarepl't\' --- Jite (III houIlDa WiD", ' prllYIded.bowit will beflllllaced ad _cirfmlds IllXXIIlIancCwlIb1llCliclD6104);.::;...;. '. ,. . IIlbediwrnedtlllUCbbouolq.lbepriC.Ulwblcbll lIetalledlll'loJd, (C) 1f".eIt:t:u tlIll11l.rep . -~ bome or IIIlIbIJe.' '" Ibc fillllliellIIIIIl1d~ to be ............ ' _or. ..:... far bome aDd aue. ,!be aD1lIII1Il~ III do III m ............... "Idllec:dllll , houIlDa .......;.,...-t IIId IClCiaI aenic:ea . die ...i...."Hty 6104.lnClll~,..,lbiIP"1..-.lben.onaeIlllllllblY1CIIIllIIllallequal , oflbeloalilllladea..............,m.-af1be ~ die ::t::;::':-lbemaD\lflclonld;-arlllllbllcllomeplllllbeac- mo' oj ...... tor-oI..............1M11 , . blbeJlC'iauIll . (6) .Slmllatpcjaclplel'lIiaII beapplieliio IIlheqiciuD*""P'1d....~- "~.ad Ibe ~ afPHII" m.a laic, ~zaa1c ' afo-wdp iad,teIlIDC)' lIplIIIwIddi.clalm.far pa.-mIabt be :~:;::.::i~:-[~lIE' ~..... =- .....::..:....~SecIkia~Hei1Ii._SdllJCodi.D.r See-' Q>A.D..;..._IIId.........~farlbe ,..-.'1IIallCIII ~ u--W.:-..a..........~ . or ..aflats.-taw-.;....IIIID...Iel. "....I..d....Edl. tiID'llOCl7 iIDd 11I0OI,_- __........ . , ..-. - " . . .-' ... .' ". ': : IllS,,*,, '. .1Il~""'~""'oaIor.ftliI&Iaa, . .....~... 1;~-' al_IIIlI~Nom..i-J2-f7;--'",..lI-97~ lIIberllllilzaly..b........""'''IIIIII~tlI_. MIilIIIJlI1>' W97,NA.3S).' pam. TIle pobIic:eaIilr 1baII_.... by JIIiDDril.1 per- ~ in IIIIewia af .................1dIIbi1I1adoa, R.... J.. aDd .-....-aflal_~ WIal1&e wU1l1e~iII ' III_of IIIiDadl)' _-:...._ die pobIIi: eaIiq' .1CClt'lD .me ~pIItidpaIIeIlof'~llilbeleaCd , n,e,pallllcOllli- 17Iba11.eqon_lOlbe~_r ".100. .w-~farllaia- lDIlIId ......)4lCdl adIbIa ill ........\Qa ... die""" CIlIIIIII'IIC- " .lilIII, ~ IIId ........ of 1111 _ hD\IiID8 )>a p-.ea 10 " pcnooia allow ~1OIIcIq ill 1&e.. ofaucll bduaias aDd 1baII.... ), telllliDllIId imr" ' "'II' __10 ~ die po.' L Ir"'Inn af mWIl1U11~' _iIIlbe',,:,:::.-:~.o\lf"""_farlllCll 'MIlk. . , ' , .811.....~pr~.. . . . (a)jn8lldllllllllOdie i4)-Rqoinidh7 Sec:doa 1262 1If".A&:l<.' IlICIioaIlill9O, 6mJ2,'6OM, ~ 609II111d 6100),..CIIIlof...,n--, " die puhIIc ~ .-n iaaIre. ';'3;"""'1117 aIrricIed"propcnj ~ . IIICCIio& tIIe,........- !IllbilleClillll. . . " .",: : .: , (b),Soc:IIaIfcicIed~Ia~"'>'ClIlIII"""IIl.....,.;.t3 ac- , qUired flIl' aIIplIIl '*'tAMllIIIII die _abaII bne'llWDed \he ......-43 ~ byacipdJidap II1Ibc pihllc eaIby IIOt leu ...... 180 daJI.pdar lD lbe I~ of~ tar ""<1',1...... aflbe acqaIrad ja~l)-. ~ ... .' . (b)~p..oi......... , ..'. . . lila., 1mpleme.Al6.nGfIhlRlt1hAl..1IouIIng PIIn.. . (1) Jfllle.. forlla_ baaIiDa ClIllIlIII25111l1q, tbe beE afllle ,Upaa IIIIkbla 1IIe .. . . - ....,.4Wd b1I1il:daaQ2I, die I-s diapI...... pallIIc llIIIIt1lhd -... a J...... wIiIch wDl__ofllledlepl...,.....,..,::~.. .......s ............_.. wldlladpvridnd"ulld . .lDlI&d1'11~~I..pabllcCIIIIIJIa.. IlD)lI'Dride,~ar_u4I~' ..;-...........pII'_ tbe do....., . of dae pi-. 1be , ......1IaId Iadade 1liii_A L ~ _1Dd&_u...cl.,~~'~f"lIaaIIDap\lll.1IInliIp R~~""iDI:Iad- ......'-Ald_ aJdIe ~ lI1!II;y IIad _.1Iid 1ocII........... ..bat........~lIle~ .,... ' , ..', , bIow'Y~ .... ..........lIiIaobIaila dIe_I..~ III s,bal_1iIlIitad (I) 'l'Iaoi:rof6mdlIll...a1Ioc11......... ....'. III die IacllIIauIIDa -~.1IId die Clllll:llh"oeIIlIlIlFlIcy.1f IIIJ. (b) Call1ncnrllh,_. . I..,.... experIaxl.d.lll1le ~ of ID --".tbe"'- 1......lIaIdillcl1lde....-M....oflllberlpJllD- IIoasiDc- " '., prildepabllcJP:ll\llla(for".......IocIIIIIIIlI..._.-Idepl.....hia~), (c) Dlrect..-.......... by "'......pabllcllllll;r. ' , ' ODd ~ poIIJII bowl .\; h10 .~...... bauaiD& IIIIlIIbe .......... . WIieDowr ...ortI........dlebeod ofllle~]IdJiIc edy Ib<iaId cd"....... I 1 .... .. . ,...'..' .' . 1IIiIIzIl1l& ~:<<! fedeIaI, IIIIIl, crloCllllaalllilw . ["~. or lIlber (2)'I1Ie 11I-lIuII1lDc1ude ............,.;_alIbeJlllidcllllIll be IIpIICia IIniDI ell. L". ID 1bc .dlldlilllllliliur.-.... of IimIIIr ' d1.;ptad. n-......-...wi.cuillybellJlll.A.......,byllledl....,.. 1IDaIbia......-" '. . tltyorelecledbylber-l.....: illI&.~_RNicleat....~ 18112. HDumg Pi'Dducllan.' . dVllSIhIII...~......_.lIIII>-\bInIoflbe..........m-member. The beod uribe "'''''...... pWlic ~ I11III i..bDr_ JIIDlIu!:li<III lliip. VIIIIllI IbIII be 8l"-ed ...Ibal Ibe' IDlII - cd" IaIdilat 'oflbe_ '-....._ ibIlililm~'WiIhlbc 1m. .~...___ahaIJoqual~arlbcll..hol..Drlbco- ' ..111_ . _..........lD_,. ' , p, membenblp.' , . ., . 11134. o!olllllJ. StxM-ed DMIDPn_ ' . :" (3)'I1Ieplm _ be ......u.;"j by Ibe _ cd"ui.Dp\c ~ cd"1Ile Wbcno eevenI. ..........IIC -""'riD& .:.........; RiDlllDCiDieIl- .....~.... ~ In IIle evCll\ Ibe commiaee fIIIIa 10 IppIDWlIbe cIcDdIII dllj>l..: ',. I~ Op,.c........ abd be...... Corjalla deveJOfIDlCDl pilla, lbc locIIIau.-,.;", bod)' _w. wbcrO tbe dlOp!;';' omdiy iI.1IIIe IIId 6aIac:iDa IDWUIep!e _ incinler_.-oJy 10 pnmde ' qeDCJ, tbe beE ofb _1pIC)' Day"__11I8ppr'oy8l. " 1"pi- bolisiaain .uJB..IodqulllllltylOtDfylllD _..,...w1lllCdS (C)r-...ItooIOIIwllllOIIIoi-HouIiD&Ap:leaaDdO'.....;._II_ohll~.!"....~':;- ',' " . ...."., , 'Ibo IalI oflbe ..""....... pu1lIic: :zaitY may caIIIIIt orCDlllll!Cl willi 16131., LaiIt AMortH-mg In LIeu 1II Pajme.:a ' , 1be ~......J;.1ociI boaIiDa 1I!ilborIt7..orOlbcrlplC)'ora<pnl....... , "A pi1bUceodl)' abd DIll..q,m. H I A~ . "pIinooto ....,..dweIIiD& ' baYiD& ""14--- in tbe'adIiIiDiIIIaIIo or "'*""" ar~ .....- ' 'provided purmd III Ibla AiIlclelR_oftbe'oIlop1-' pcnII:I" icquUi_ 10 providio ~11IIiIumcc _..wii:e in Ibe ~oflbere- . ,1ioa paJDaa,IfIll)', fortbe reo! poOpertyfram wIddlbeil dI~-'ot 1"- '!IouIina pIIIl. ',' , !be ~cx:aIloD 1'11>:_ Car WIdcb be ~ ~eIliihIe. . , ' 16131. ConfOnnity"u. Act iInd 0IhiIr.Sta1ul8e" . PoIIcI.e IIIld PnIced&irw. .. ", '" (a)a.nJUP.lallldooa_'I1Ie~of"IblaAnlcle.bau be in IIlCIIlI wit& Ibe proYIob. cd" aD'lpJIIicIbJe CcdInJ m.t _ IIlII>- , diIc:rimiaeIloIlIft _....1;;",;.,. iIiued ~ IIIereID.. ' . {II) ~Iiil!JI.eJoaodoaSillllllonle. D " d~L.... III8de pur_ . _to.... 6122 ...silly pIm "eloped _1'1..... d-:-' CarpIO- vidlD& "'P'- bouIiD& IIId 8II_bouIIIIa",..Wled lh........dw IhIII be,iII-.....r.audty.wl1h Ibe ~_.....,in 1be Al:lllllll ~."...."..,..,..... ",.. NDI1l: AllIIodI1 cIIod: Secdaa ~ HeoIIIa IDd'SI&llJ 00cIe. II r ;r See- , -.126CU(cX4), OJ._ . Code. '. . ' ,." HimlRY', " , I. ~M_' al~ (o)lIIlI_NorilBlalI-I2-97; ..,...,d.. 9-1 1-97 OlaIIa"97.No.33)., .. "'.' . . " ' . Sec- "1_~~1tDuAIg. ,,'.'., . " , (I) w.-verca;....-.obJe....p- .h,..lIiDanle _ &YI!IaI>Ie. or era_ miI!IbIe WilIII!I1iI!D .-.,.Ilmba cd"a..._~ CGde __ ~ 7263II1II7264. u _~ Ibe ""-l~""i&.......,y IIuII1 prO\'ide ~ orl1lerudw-aoI-11Ddc1r lIle~ilflbla perL . . (b). ne.lIIIIIboda.ofpvYldlaarT.\ "...... of~_~ 18121, DIIIennI~ brDllpl8cl!lll PUblIc Entity 1II ' c:Inde, ball1C _1ImIIId ID: . . '. .f'lI'JIIIIIIlyIlld.Campllllnce;'. (I)A,'1' -'ImaIDapayiia!--lOi.,ffaiccanl..-Wilh1be Upoaniceipt~~iMIoaoCdic..n' I. Ibe~pubiic. pnMeiaas of Iill:IIaaa 6102 or 6104.. .........-. _1f1lle CII1cuIa- eotky IbI11 ~ .. wl1elIIeit or DOl: . " Iioa illD _ cd" tbe -1 1Imba ill 0..:' . -" CGde eiocdaae . . (8)'I1lej8D~~" ..... .. " ' 7263111117264.AIIlIIiII1...-..................._ JIIIlIhdbr;poid (b)11Iepla.. "'~ willi '""'~...... _.h,-. ..1 iIIDdmIa III!l '1II11!e"'..~ ~pen.IR.1umpIl1lli,.lItlbedlad_oftbedia(dac,- po '_. '., ' , . ..' iD&tieacr,$S,250lhdbeplld1Ddie...~,...in.JumpIlllll. . (c) 'I1IeJila" .......,..-w11h Ibe IocIII pIIerI\ jllllllIIIII ~ eJe. apaII"~Il("'-"'1IId lbeP~""-aflbr....,~UiD beplld ID tbe " ')..- meut_1IIe1lCaWide~'plmorlll1llalY. , '. .' '. . d1~iIIp1dodic.",,"""iIwlr.pedad1lllt!DCIll:e04<12~11I1- .' ,,\ 1f.-y1lf1lleabcm~' 1\.......bylbe,"'.p~pubIlclDil;y,iI leIIl1Ib.._D..Itl"In...lb1..... .. . .. " .':' . 1I.l),. , nepche Ibe illlIP"'...... poblic IIlIII1IbaU __ lbeplm u - '1'- . ,CZ)......~afllllllor__IDID-r_I,.".- ~ "~I s"l...' .101 ....11......._ in Ibe pllrllbeD be ...~ far IeYicw IIId clwoIIiaI ill UlIID equallII'oi-l"'iIa: ibaD 1bc JIel-<L to 1ibIcIi die cIiI:- "....,'-~u..o.Ido.dIR,~6126.If' ~1iJr1lmdy~'-- ~piIIIIUeaddedIlDdclr1l'~(bX1). :.:' :. ..' . ~..Q(',tW=*__Qr:L:,~ ~~t(*~.tIa...._ciJI:l;,IIhftIMnIr . CIl1bl!.&_..d..1...c.... rI. ...'fIIIIftJ~"-'"-'_m......Nm.l t~ .,_' 1612& BUa.AYs CALIFORNlACOI1E OI'UGm..AnoNs' 'l1IIe 25 16121. ,sidlm.... of Plan for Corn"" , . ':l'bclall ottbe i1iIp1~ public ~ ahaIJ I1Ibm/t !be p\aD IIId aD IignlliQlm ........tm..... lD Ibe JocaI houaiD& iDiJ pi......... ~.. Cor ...........t IIIIlIto _Ibat 1be.p1III .....odl:ly JeIlecu boiIaingcoadi- , IIoDa IIId aOedi in tbe"'Joeotloa....ll.t:YiewirJ& ........- abal1 ~ 30 caieadar dQa rollowiDa receipt of Ibe jlIm lDPtePm: Ibeli .. - ... CoplliIor.\J...- -rec:alYIllllha1l be c.:.. d.do.! to lbc ...";,:,,,;- iad IV8iIIIIIe III III~ . 'lI ~ '.' GeIiCIIl iIIlIiceOfIbe j8D abd be pnIYidecI. N<!Ilce Iba11 be" deaiiaod 10 read1'lbc7"~ 1"f'" of1be relo cMi..1ICa; IlIba11 be in ~ willi !be ~llIII cd" 1':"'........ 6046(1,)(3) _ ..boectioa liO!6(b); IIIIlIIt lba1Ibe"povidod30dQaPiorIO~-..;...,lDlbe [[" III-..orlbelo- ca1 aowmiDI bodf or I-s cd"... .pcy Cor appIDftl. , Nem: AaIbarIQo dIod:,S"eccicol5lMCiO, HeaItb_ SdoIJ Cado. II r doaa 72IiO.S(~ IIId 726U, 00_ Cqde. . ',' . . 'HIImRY, . . 1....-. larlint~' oaiI_Ncnilmidj...l2-97;aj.,ral.e9-lI-97 "'-'-97 No. ' . ~"'." ..".~ '." . ," . . 'I1de 25 Departmaat arB...... 0 F .14;)- .~""I ..rat Pi':""_ 16151 ID . I' " .1IId..............If..;feelllllltllle...p_ .. I 1...IIIe~llilllecllimClf...llidalllllllJ'.~ ..... -L...Ju_Clf ~ n. pIlIIIceadIJ tbd pIVride all ..""<(J .,"'" IDthe """"""'-wIdIIa lIne......lliilt naiptaflllt . ..... i (b)Jafi:imW0rI1PR-~~..a.... A~a ,.. lI~~..iDfar_ IIIIIlIIIIIpI L.'befare~'-1miewllld. ..;....... A~Illr..lafanaoIcnl", . .,.....be'filedwldliDlllepodod detcribod 111-,( 'iaa (II,) lli!bit aecdaa, IIId wI1bIa 15 daJt lli... R- ~ dIe'JllI!III!: caity .... 1ft'anI..... ,~ I . 1bc />woa.....l 10 IIIIke Iucb pn:IeIIIIdica. The ....;,pl"'-1IIt1 be ....---4 by all. IanIe1 arOlberpenonol'blt............. '11dtaal... . 'luatbiB IlIIIbIe die.. I~~.....to.......lbe clalmwbbdle-..saf1bc PtilcClJllq- a .... ,(allier ilia Ibe ....- wbo aD die lIIId.J .u..- I ....1..Ja) , bavIaa IIIIbarity tomilelbelnidaJ.... I ...L ... ..lbecID. Tbepilb- lie eIIII1y IbIIIIIIIb a_I llillle _dl_ '1II1IIeaal pID- --10 be 1ncI1Ided" part oflls IIIe. Theri&bt 10 farIIIII ftl\IIew IIId '181&0.' I'urpoK, " " RllXIIlIldendaa lbaII-beClll1dillcDedapOlll~mortl p;eIeD- . - "!'The pIIpate lliJlliunlcle is 10 IClflll1h pi-- farpoceulaa lip- tadaa. . _ " peaIt Iiam plbIic CIJIlq deW...I..,. "10 eIlslbIHty. the IIDDIII1l of (e) WrlllCll RequM far Rmew IIId II 'L!lt.Mi..... At mt)"lime '.. JlI1IIIeIII; IIId forproceablJioppeabfiumJlCl'lOlll aarlevecIby'palIIlc willda Ibc pc:riocI detcrlbod In .'''"-laD (II,) a con.pt--- may file a caity'. r.ilareto refer Ibcm 10 """"";"obIe peI1IIIIIlllIi or Ildequt/e _ ,wrluea recfuetl far fClllllll reYiew IIId """";.L-""Tbe """'J'1.n-t ''f..' JIOIII)'iq)l_bcluI!1II-PabUc.lllill...ballelllblltbproceda.....1O may lIIc1ude III ~ ~ far IeYlewsy --lli &ct widIia Ibe 1..,.1.., 'die prcIYialaaa oflbitAnicle.' """""--....kiM1wJedp...beIlc:faralllerlllllelW wblcIa 1IIt1..... a . bealaa liIllIIe eppeaL Ifdle~ ~ _lime 10 pIbor I i11i2.' Right of Aaview. ,1IId pnpono aldIdoaaJ ...naI fill" CDIlIldenlloa ....mew and deIaaD- ' . (II) Arly """"".m.m,tbIl is iIaf per-. wbo beIlna blmoeif... _a","M' .Ie baitibend'or;Ibc'"'"'P'-..~tbaaldbe pi&mdbyldelw...I.:"~"lOeJlaIbIUt1.lbc_iIf~1IIe Jimded. ." . , ." , faIIin llilbc pIbIlc eadl)' 10 p;ovide c:ampa;abIe ..........ulor adeqaaIe (eI) Time UmIt far JI"'l"""'''I Renew. A oxiinp\alDaat deIiriaa eIIber . ~-1 JOpI-hoailDa 0.. the pubJlc eadl)". properly......... oniDflllll1llaraJJlIP-"......or~aformaJ reYlewllllll.........-IMl meal pnodcealllt1;,1I1da -1Oc1l0ll, ...... bit claim.....wed IIId __, 1l0ll1ba1l1lllke a roqueot lO Ibc pIibIic lIIIiIJ.....- '"'...............101- , Iidered by the head oflbc pabJlc.eaIl11 or on IIIIbixizecI dalpee (Olber IowlDa Ibc _be _ fram thepapeny or the dale be IOCCiveallDal . lhla thepenon.wbollllide Ibc ~"..I.-Iiau lIIq.-lon) InlCl:Oldlllee, '~'""<>a farthepropellJ. wbldlmria 1Ilcic. ". wilhtbcprocodu.Raetfadhm thiaardclc,u....,j. .dMbytbepac. . . . . dlRi Ibc pabIl. eaIlt1 tba1I ~"obllrbfar aucb n:rieW IIId ,...-'-.. _ II15LFol'IMI Ravlaw lU1d ~ by the Public dOlI. ' , , .', 'EnIItr. . " . (b) A pc:n<in orlllJ..........., dbecd,a1fecledby the ,..J"""",," pJa (a)GeaenI. 'IbOpabl!ceadl)'abaDllllIiIldeilbe~farreviewaad ma,pedIioDtbcdepanmenttoreviewlbcllDalrelocolioDpllIlofapubllc, aba1I declde wbelItera 1IIlldlfIc:.aia ofila laldaJ. ~ ..JnotInn it_ eIIIity 10.... ...h..lflbcpllll\ is III """'P"....... willllllll. JaWlIlldplde. lIIIJ'. ,... review IbaII be ~ by !be be8d lli die pabIiC ea1lIf or liDOt...imewlbcimplemenwiOllofareloca1lOllp!mlOdelenaiaelfthe mll1lhoriied, imPe1Ial d.ol.,.- CIbe doolJP"""'.IIIII1.be. ".......1"....). pabIici ealitj iuc1lDa ill """",11_ with ill rell1C11lon piau. Review lII1- A deaipee Iba1I bne Ibc lIIIbarltJ 10 -uelbs,bdtl.I "ell .1.......,.. or di:nakea by Ibc lIc:panmOnt 1IIICIm-!bit IeClioD Iba1I belli acco.~ wllb . the cIelenalaadOII of a jRV!0lIl oral JII"'- ""I.a. Tbe public caity IbaII dleproYialoaaaflllcliOlll61S8aadlllt1beiDfCll1lla!.lleIilIe00llltlll.lbq; ~ """')' ~ ......... "...,~- reprdIaa of farm, IIId lDlIl\'eadplIcIIIthedq.adm...ttbouJdIilemJKIOCOIIIIrliadispalOlbe- aba1I, lf~'~ "ot-1O Ibc "'-in .......L.. the tweeD panIa. 'wrllIm cIoim. WbeD a clolmaaIaeeblWiew,lbc pabIlc eali1J IbaII Ja.: , FalIure IOpeIltion the cIepanmeat IballIlOlIlmit I .....".01_.. rlabl farmbim thltbe "'lberiaJit lO be .....~ by onCIIItIeJ.so...- 10 oeekjadlclal review. " '. bis cue by cnI ar"", -..." e>ld..-, to ubmIt rcbauaJ evideac:e, (e) Ifi reIoaIIlOllappoa1. boenIba beeII_.h1;"""" pIrlIIlIIllO See- SO eOllduellacb (:j. ...I. -.""-'<Ia III11t1 be'........4for a fUD_bIIe lloa :p417.5 llithe He8IIh IIId Safety Cade, acll)'bycrdiDaacelllt1c1ea- oR~ llir-,1IId IOlOdI:judlcIalm:lewoaCe be'" ~........., ad- lporc Ibc board io bear ~ &om 1oaI1 pubIlC ealillea Wblcbdo _ mlaIIInal1e lppOII. . . . ......onappcal puceaa.1D Ibc ---.. ofoacb m GrlIiDaacc, public llIlli. (b) Scope of Review. The plbIlc eIIIily IbaIJ review aad,....Mldwill 1l...ball-.h1l.hp;oceduretlOlmplememlbcprovlsiaaalliddaAnlcle.. 'lnilla1 deIcnaiDadaa llilbc clolm_'. -1II1laIIl of , NmE: AIdoIIrl;J ci1od: ...... 50460, HaIth.... Sofar Cado. ~ See. ,.(I).AD ~ IIpCIl ~ 1bcpublc..-y IMllld III a;ipIaI deter. ' doa72ti6,o..._.....Cudo. , ',..lIIUlIIliOaiDl:ludlD&aII~rulallld.-..exeepn..lIOef~ , " ..., HIsToRY. . IdeaceIbll1 belelled IIpCIl wbae a ~ba beeDh..,.....,.tIyclatiOd 1."-:' ' . ct-1>-<:c'.. (b) lilli__filed 1-12-P7; _ ll-11-!n on 0JIIlllIIIIIIlt 10 llOu1>u..A the evidoace arero.. -__ the wlIDeaa. ~J7.N..33). . (2)The-..wi.bytbcrJ-r.ir...., ".,reviewllld_ 181M. NoIIIIcstIontoComplahwd. ~d ....afthedldm,.. . . .. lf1bcpahllcaqily= orrefuaeatoc:ollllderlc:lllm, lbepubllc 1IIIi- (3) ADJ addIlIOlIl! writtea orn:levaal 11........-. ''''illlalcllal..hmlaecI ' . ~' the . ..,.... I' .L.n:-&..-- ....Ibc~w- . tyl to ..ftln'ltwlUitH11 ......d..~......III&UIIII1be "'I . . compIaiJ..s( ltiieiaoatllllSthe~procecb..farm,.l;.;'IIft>. ' (4)ADJ~~~ wblcbdlepallllc emit)'inlls ilIacreIloa, ~ . view oflbc declsiOll. IfllllCOiury,lIICb -"'eatiaa tba1I be)lliD\ediD a "!*lD' by ~ 1IIftIIipIicIa,' or -.:It, to --. fair IIId fUD R- 6' l........alllerlllaEDIBlbilU.....~wltlll.clioa6046. 'wowllitheclalm. \ ' t' .' (e)Dl4L...dl..ollOII 011 Review b)' PubIlc Battlty. . , 161&8. St8gea of RevIew by . Public EntIty. (I) The....~ ~ 011 review by Ibc paIJIlc Clllil1lb111loc1ude, but I>. ry , (II) Reqaea far FardIer WriaeD luformadoa. A MIl1pIorin_ II1II)' ~ II _1lmiIed 10: ' '.:. r ' cia- theplblle eatltjlDpovide him with &lllll writtea '"'I'l...lOIfOIIof (A) The pabIic..,,'I'/! ""'i~cia ....~.,..-AIiill!q{tbe d,,;m (4) Tlli:nioCiIl..1DIl, if- llI}. ~~ ofadwelliDa- . (S)'IbO .-.:it-. aflaad lIiIdforu r' · dwoIIia&bJdlecllaplaO. . =-, z ~ l\IbaeqaaIllale"'~,to, ar..-. wilba...... . : .(6)Jw....~of......._. 111"baeedl~t.1L ..,~peIIOIII. . liIe~of~.so.tbe.. - ." a . . (e) OaIJ.dIe dDcreIioo of. oR......., ....... _ jlIIlI ~dOa .....1IIIidod 10 __ ~ paJ1IIejlbo. . :, Ncm!O ~ ciIod: ScIlciD 504fiQ, .......1IIlI So6oI;y Code. Riraeooe: ..... . .... 72IiS, 7264... 7264.$, 0... Cado. '. ' " , . I HIsToRY ' 1._.....1IIod e-12-f7; _......J-I1-117 ~Vi.No.33). :z."~' I. offt.W- (lIXI)fIJodIO-1-9!/;--"" 1J-6-9P~ "No.'41). , " ' ..:.,,;;.~ . Article 5. Grievance Procedures I 6161' , BAaa..AY8 CALJIlORNIA CODE OFJOr.GriI:.AnONS 'I1lIe 25 ' . '. . . . -' . (8) 'IlIe'-11111111p1 buIa uP. wIti t1iedecbiall-.iacIad- iIII"'~~--y1 ~L.-ar......1i- . .", (e), A ...., 4 III" "'-- aflbe riPt 10 fanbor _I I I.. ....... appeal. iflbe pld:I1ic aIIIty_lIICb_oppal"'~..aribal.&_ DBa IDlbe r.I_ _1IImIIIIIlnlIYe ""'.....1Ine baeD ~.1 .AJI 1IIId,ladk:ill review ~-be 1lIU,I&.' (2) 'Ib& ......... I ....~ obaI1 be ill wdIIq wI1ha c:up,y pmrided 10" , .1'!'1........ ;, . .. lei,) 'l'bia LimIlL. (I) Tbe pal6:eadty II1II1 ~ Ita .Iou 'HI "'I,'DOl~ BlOOD B poiIIbIe baI...1au:r Iba 6 weeb liam mcoIpt af 1be!all--'1Db- mlaedfar.....oido...duu b71be,,1- aflbe dlleollbebeariDc. wIdcb- =-11 Iller. ' (2) IDIbe _ ol.-.p101ftJ1 d11111iaed far"",,_ll""': arfarlll)'lIlh- ....- - __lIIllbe 1IIOri~ aflbe c:IoIm, Ibepubllc_abd1lur- niIb a wri..... ....-1D1be rl"'-llIliD& tbe_larlbetIiamiD- ill oflbe claim U 100II.. pouibIe \!Dlllll...... 2 weeb fiom -=pt , 1 8172.' sgy of DiIPl-ment P.nc.ns. .RnIew~' , oflbe lIIllllllaia1l1>\n1aed b71be cIII-.a ClI'!be dIIe ollbe IariDa. Il. """'P''''-Ieeb 1O)lI'eVeIIl"'I"~. .lbepoblicllllli1y IiuolI whIc:btwlrlllller.. ' '.. iIolJequlre1be........1.....-IO_IIIIIiIIt..:ioda,yaafterltbumade I 8180. R8hiA1a to'WIIIn TIme Umltatlon. a delIlnDIDIlloa 111111bo~........... had IIII__-dq 10 -=tjudi-. Wheaewer a public Oatlty Iejecls &1eqI!OIt bya cI8imaa1 fir. waioa- claJ review. In aD Cua ~ pub1Ic eaII~ IbaU IIllliIJ die, !""?ol_ in oftbe lfmc ftmils JlI.oYido;d ID aeclian 6Oll8,a clol_lIII7fi1e. wrlueo wriIID& 20 daya prior 10 Ibe .......-d _ dIIe af dIJ;pI_ n:queatfarreview oldila cIocIaIOIIIn -........ wlIh 1be JIl"IlCOdw.oIlll 18174. Joint Com~ forlhiuecli0lll61S6DDd61S8,except1bat8EhWriaealllqllOlllurre. Whom ' ' . . ' . view oba11 bemechrirhln 90 daya oldie dalllllDl' mcoIpt of1be public , , _lban - penaa 11l1li"'''' b7 tbe fiailare of!be pub1ic --.. cIclemIiIuIIioa ' · c:adtylDrera'tbemlD~""'pc.........ar"""T-."""""_J're. ~J' I " ' pl_ bouabiI.JI1e rftn,pI......... ~ join ID fIIIDa a IIiDP wrillell 181112. ExmMIon oiTIIM UmllL '. ~lurJeYlew.AdOtC:mia.dClUbal1,bemadeby~~eaIIlyl'or ' Tbli lime IimIII ~t;icicl in SecdOll 6156 l1li)' be ............. far JCIlIC! C:aab-erlbe,> .~...---. . cauae by Ibe public 1lIIli1y. . t 6184. Reeommenci.uolla bYThIRi Perty. Upan ........... bOtinea tbe cl-1IId tbe pabilc eaIit)',allllllUal- Ii' .cceplabIC 1hiid~ClI' panIea 111&1 review tbe clabD IIId make allYl- IClIY 1='\ .. NlIdl_ ~ ID tbeheadollbe pabIlcOlllliyl'orill fiaa1 II n .1....1nn 111 rc;/"k;wlD& die c1aIm IIId 1IIIkID&.~. -, .". ID " Article 6. Acq~I.ltlon POIiC~ !be public CIIII~, the Ib&d party ClI' p.nlellliall1!e JDidod bJ die pnIYi_ ' '. '. ' , " ' dmaaClbiIAnIc:Ie. , ,". " '... I\lu:epl ~ Ibe exteai !be caafIdaaIaIIty ollllllaia1ls pDleCIedby law 181~. ,1'urpoIIl.. " " " or.1ta dIai:1aame II probiblled b7Iaw, a publie eadl1 aba11'permll tbe 'Ibe purpaae !li"IbiIAnIcIe,la ICIllllforlb tbepracdcea 10 befo1lawed "hh.._1CI inapc:ct aD mea IIId recanIa beariDa upoalda ClaIm ClI' tbe wlIhtapeCllilocqulalliaooln:al......-l)- biapubJlc.CIIIliIy.Pub1IcClCl!i- pt'~ ~dllll "Clbe clalmaat'l Jric.......Il. "lol.......11 b..,.....-d)' de- liea aba11, IDdIe"-_J*a"ri..hl~. be~ b7llieae practicea., Died .,.... IOIDy re1evaat IIIIIIedal bearIaa 011 tbe claim, aucb IIIDriaI 181112. Acqu.......' . IDI)' IIOt be rdied upaa iD revIewiD& 1be initla1 dderminatiaa. (a) A publlcc:adty sba11 make...,..........;". dron.lD acquiIePrai>- 16188. ~oI'F1"'bya.Jm8nt. .' ettybyaegaliadilallldlOdCIIClezpWld_y.: E!lu:opt 10 1be exteDt the CCIIIfideatIa1I ollllllledalll prateCIed b7law, . (b) Defen"..,..atIoas an: inIlia1ed (_ -"""edar fiOOlI(Il)) a pub1ic or Ita d1ac:a.-1I prahlbiled b71aw, a.pub1ie eadt)' aba11 permit tbe eaIi~ IbaIl: . , . ::",...; ..J..I..~., lDiaapliCi d fIIea IIIII~ ....... hIa claim ClI' the P'~ 'Waflbeclallllaiil" " " 'IA".'..-.Jta l.d' .1I~Dpwd)dD- aIod _lD "" ....miiii:Iiii'i!eamwlllllbeclalm, ,__I ~DDlbel1llled...iD_~lbeiDillli1'" I....'. , ',..'''" ' I .' '. 181.. . Eftaat rill o.liami1ndan an 011.-........ 'Ibeprbic:qiea..............iDari . I "'\.aabyapubllCCIIIliIyahal1 be c:aaaldend B JlIl'Co;di.4Ibr aU eIIiIbIe penaaa ill aImIIir alJudlllll mpnIIeq of wIaher arDDl a Per- bu II1ed & wdaea nqueIt I'or Ie- \'few. AD Wriaea .w.. ...1. .. aba11 be bpt CIIIIl1I!l DDd nai1abIe I'or public nmew. ;" , 18170. R1ghtto CIIUIw. ' Ally aapieved party baa a rip! 10 ..... ....~~ by IepI br ather ~ It hiaapeaae 1tU)' DDd aD..... oltbe.. ~_M.1lll forth, iD tbeae aectioaL, , . , 18171. JuclliilaiRevlew., ' ':. ' . NCIIbIDa Ia IbiI,AnIc1e oba11 /D' ~ Way ~~ or Hmk a clMmo'" liam IClllidDajudlclaJ leYiewol.c1aImupoaezbabatlaaof_ admiDIa- tmIl-.e IC4lCldL. U are ~ UIldCc tbIa 'Anlc1e. ' ,t rne__II%17.] , ~'. ." A2-r>1 I DIe 25 Departmeat oI'RODSIq'" ec......;.....I' D.o..:..., 1......_ f 61112 - , . .. . <"J)a-dIo p19!-l)' .....4h..d....Ibe_ara..... ... . llflbe pIlIIiDaa ..v.""" at dID..... 0-. i- (CIlIiD rA Qri1 ~' -!r-' mWliliDa -"W"'~. ""1'" '..!.Ie -- ....._ P1--..., Sectiaa 123O.ll10 1l1lCJ.). . ,101()0 1""'9lbcllJlllllUa'liIriDa Ibe \dIj- U ofdl&.._~.. (f)(I)lfallor.......lbepllllioead\f.c&Ibc........ bid.. . (2)Jfdloo.w-ofRllj...r-~iI.....dIo_rA.......__ diIicaallolC---"'''.lepIlbadlo'' . .' afjoot . I"", ' , ducIod"'Ihi!RlIIl"_ltlO~""""""ar..."'- ;, .............. dIopallli:...,....plll'ridedlo.... .a.' s ....... eo.dIo_1b1t ClfIiiopclllibleriabtlO .... ..... .b_llf.,..nm.napa1llicCllli- dIo~" . ......"'rA,;. . .......III&IIIIod...... . . 171hoa1d iDclade. 00f'1 oflbc 1""'" JIO<I\iooit-llf....1!miaoIIl Do- (A) 1110 _of,......... DlIiD Uw (Code ofa.nh..c.4l.v Socdaao 1230.010"'...,.). (B) TIle......1IIIl __llf..... P'OJlIiity. , (3) ElllbIiob.. _it heIInoi ID be jail ,_ 'm bdlo (C)TIleoppH-IlltJl!llilw.. " l"_"'.Wbich_lIIoD,iallll-.beJea.......plhliCCIIli!1'. '. (D)T.L...III._I~.llf...rAlbe..........._ID..ullllllt".. J~_. *i'l"v.ocIlpp11ioa1aClbelilir__Ylluellfthepoqatya!d.i-v...cl.' lIIIl--oaww...the I ...... lof,... (c)Thod . otIaallf~ [~~llIlibol1bebuodllJlllll_ (E)lfdl&JIOPIIl1I1.paniaDof.....paoiJ;. r '.Iioallflbe oidIndaDof: ' ......pIIllC\,wi1b..,16. 'do!Iil.b.u """';,.. .," "'c1r (1) TiIlI RII popclJ boiaa ......0<1; " , . (2)WidllaplcUoeod"'lc.~lIr!li-..v.ldodill_6- (2)Wileftlbe~poqatyacqaftdll partof......parce1,the. willi (l)(D) IIbo\rc, Ibe 6lIowiaa _1IIIoaId be,.v.llId: , ' .,..IfD7.IO... t .....ad , , ' , (A),TIle_IIIIl......lIr...... ......, .lfbconl,of.. '(3)LoaofBOOdwm.__tho_llflbolCllpOpatyilalootbe pIIlieolllthoL .. . , , o_llf.baa- '" - L ... d IIJIOD tile property to beacqalred lIrOll tbe (B) TIle 1ocation llfdl& JlIOIllIt)' RIbjoct III Ibe.. -"111. JCIIlIinderllllllwlleRIbcJlll"llioalaflbe~.DomIiDLawpcrllln.. . (CJ TIle dale rA.,oa...Jl"" , mato >u.. ....,inoIlDr~ llfaoodwiD_.......... 'OoocIri1CC1111i11o (D) TIle piIoe-lIIIIi oIbor aia.JR ~.~ IIImio 1IIIl.il. ~."'"'- oftbe of tho beDofitllbal_to.baoio.aa.iaoIr llfili"-"oa.1IJllIII.- ....n-lea, IfkDowa; 1II6ea llf.....lbo lIIbw l!GU aad circum- don b .........."'Hty; otiD ar quaJiI;j..1IIIl ..." olber ,J,.. ......... --.dI& pibllcatdt1ma7.IfIbe'" _ni II MIIaI.lefllr;..., ~ . ~ inpiobUlo......... ofold lIr""'luLdtl....ofacw paIIoDap. -dIo,.. wIleR aaddl& Iimeow....llilll'llliJalliebiDyl r'~ " (d)AlIIOllO" poaible.... tbe_ ofjaotCO"'l "'i... iI..... (3) TIle.-eq.h_ofthla III......... doDOllJlPl1to~ made .1iabod. Ibe poblic eatity IIIalI o1frir III lICCJIIire 1bc JlIIlPlZt1blbo faD afu:r lit cmiDaa ca.m Jl'1 ' "11 II, t _10 _.....1-1 aad obaU poftde 1bc _ wlIb. wna..... CI)~.pattaf.pmlOI ofJllOllOft1IaIo'" I< ~Ll.olby. pobllc _of the "'1Dr~"""";""''lIt llfjoltOlllOJlllllllio.The.... . ~ CDIilyli:rpablic:_UldIbo.............ar.JIClI\IOIioflbc~........ will alaDildadedle~ . bc1eflmlDCltlize."ar~itiaa._ ~rl"~"L ..._ "_ ' , (1) AJODCiaI"'temOmoflbo poblicllldarwhidllbo. ,.tot; ilto. ..........dI&pab&eaility oblIUo1frirlOl!oqIIirolbe .~lflbe OWIII:I' beacquinld. ' " . .10 d......1'<lrthe JlUIJl<*I oftbeo!e aiddalilio..Il.....:.. l _l. laD- (2) A cIooc:ripliCIl oflbe ~llII and - of1bc JlIOIllIt)'to be lIba. llIDl"obaII be. JlIIIlI\oflCllJll'Olllll1irl wlilcltthev":_ ........inta-.. ~. III!IlcIcal deIaiI fDrllUOlllble idomriRc.ticoi.aad lbo __18 be OII....pIIIialaoqaloitlcnofbllpltlpoiltyaadwllicb...lildearaootl1ity . -, " ,arnJoolII....._.(NlIlIIiDJindlioiu~ :lk._lIln1ODdec1tolimll . (3) AD ilm:ntory iclcutifyiaa tbo buiIdinp. _. fix........1IIIl .publlcllllilt'lII\bodIilll lICCJIIireRllpoqaty.) ..', , olber- i...p.v....-. . (h) NolIiDiia tbia IIClica abaJI be _UodlOdepriYe. _oftbe (4) A recItalllflbo _I oflbe dCI' aad. .~ lbIt IIICItripttooblailtpaymeJllfarhllJD'OPCrlY-..aodlerwilepnMdodby IIIlllOIIl: " law. '.. (A)1othefuB_tbe6eYOdbytllepob6cCDlilytobejolt.... - (i)(I)Priortoc' medlllflDemineatdalDabtl" ~'..,tho don forlbo JXOIlIIl1 taIoou; ,poblic 0IIIity IballIDlkeJlllOlllbJe ctbu to ~ wIIh lbo _i1ll ' (B) 10 DOt Ieu.than lbo .....v....cl appniJaJ oftbe,fair IIlIIbt YIIue of offcrto parduo tbo........ RlII papoity. The _ObaU be Jiwn. the..........,. iot>t-vftld; . , ..............llJlI""ludit1I11....-illlllail1wblclahe......to,beJde- . (C) Dinainll...,.~ormcr-eirl tho fairlllllbtnJoooftlle' ,_ alii 1bc quadoa'llfnJoo aad to... 410 0'''' ..' .. ..Ibc pro- reaJ ",0.;..1.110 be acqaind JIIilIr,to tbodale afYlltlatioR CIIIIOd by tho ' , pooed _ aad COIldiliooo of........ 1.1IIIl tbepablil: 0Dlit7 oba1l poblicilr...v........4f1lrwllicltthop-opeat)'lItobe""'labedb.....pob- caref\dl,.OIIlIIider..........)>_" ",, . lie ~v......ul, olber-than 1baI due 10 p1t,..;c.1 dctcncntiaa witbln..... (2) Prior III C<'~ ... on_', of ID ...... domaiD JI""'-"", if the ' reucaablo COIdIaI aftho....... ar ........-., and. evidence prI>IOIlIO.cIby.. owaer ar......... cIimae ia tbe ""- ",'ar (D) Doea DOtaflect ID,.CllltIidaaiion of ara11owaaoe bill" RIoca- cooditiCllloflbo poperl)'indicaleo,lbo-"b'IIIWippaial arif..... Iioa-';""""'ud "',........ orolberbCuelito wItiolt tbe_ilaIIltIed ni5cantclola,.ha-.andaiilce... ~r' . ._.'.,afjaal.............,;",p. to raoei1e UIIdcr.. ..._ with tho pabIic eatity, =eplb.. thopoblicClltltylballbueilnppnilalllJldllted.IfaJDOll-..w.iatbe 1lIIlOOIIl1Olll>Dl/l""'"'"lboOWDCrfilrtbatpardonotJo.llfaoodwiDpro- pobliceadt1.. dIll ...L..lbIllfjalt c ~. ......011 iI.,_. ..11........ Yidocl ill """"'~ with SectIoa 6100. . ........Lot. jlIic:eaiij--lbaDbemadeaadtho~__A.oo ,-' (~)JftbelCll pclJlOot)IlI. pardon of.......parcc1.1bc -'""""'Ioba1l to bejlllClOq .....,. "1bII1J>c JlIOlIIIIII1of1irnrdiD WIlIiDa 101be_.. . incIudclll~oflbo~-""""'4ja1t.. '''V ~OIIfilrtho, (j)(1H.t"IIO_lbII1theP.l!IIceadt1ei1la.4._lbcilmacifooa-' plIIIialacquiaiJioa--lben1aeaflboJllOllllt)'~tabaandlbc ~ " ..ar........'...,. ...ar.".;" " ;_.....depooIloffimdl , IlIIlOOIIlllf "--F. if...,.. to tbe,... ..;... of lbo ... panlII6wa iaCOllilbdl&_of"Owner,lIrllb..,.otbericllcia_.t.s<<mio- whlchadt P"JlCII7 II tabD. ' '. '. leadiDairllllllire,ia clIIlarlOCClIIIpeIlIl'iDdace ............llII die pice (6) Jf.. _llflbe rea1 JllOP!Il1IO be acqainrd fa aIoO lbo __ to'be paIIIb tbe JlIOPIIl1.' , . . " . of.........~ IIJlClD IbeJllll1lOft1l1rtlle~.tIle.... III (2)Jflll,YillereltirlJllUJlCl'lY.1II beacqabed by eMldiollflbo pciwcl' IhIJ1lDc:1ode an iDdicotiaa llf tile - llf COIIlJI · .....- b _ !II of c:mInoat"-ln, dI& pabUc CDIily....prlIIIIpliy inoIiGa fatmal_ JOOCiwIIL ," ' cIcauiatIoRJII'U ';"'" NoJlllblioIlllit;)'IbII1__<Iiu..oI11l1ll1bitnec- 1t:l(1) AI the initiMion of iIeaoIia"- (- ""-doa 6OCl8(n) ). poblic......,. fllrlll_iD iIIItItalc!eP1 p [,: ,M ....10 JIIO'C lbo &ct llftbe oba1lprovidewriaea""'~loato1bc_llf.1miDca_ tUiaaofdlil1ea\JlIOPIIl1.. ", " dIlClOdOlltbeJOall'JOPCll1lDbeacqainrdarllltllel"",.i o;",wbollllllt ..d 2" _I s-~ :' . aJlOthe ownerof1bcJOalJllOl*l1. ~OII · IlIiapolltlbJedptlllooai- /7 ? p-o;ol'llt for loa of loodwllL TIle pabIic CIIIil:J obcGJd iaciade.llOJ'1 ""\" ~ L (L ) 16184 .<;:....,..,,- .- BARCLAYSCALIFORNIA CODE oFREGlILATlONS' i TIde 25 ~ 161114. NoIIae of Dealalon tD ApiN I " , - no palliio a.Iily ilboII~ Jbc _wilbWlillllDlIlIlicDoiill do- ciaiClDlD"Jbc_J'l~. -. pclIIiIIIoll\erlbe~ to _pprliallu _- 11Ic 1IlIlloe.....1IIIe,..,ft~.I..__.,. dill: (a) A apocific _la", ~old....1in""""'" pIbJic_ (b) The__.!'"..,...ty baa bcca d.Al............ belocoJDd wilblDJbc _oad . . . , (e) The .........!'"..,..ny. wbicluhall be""""" L ,~...,. be ~m. ,,' wilbJbcpa&Hc-. ' 181& 11meofOlllr." , The publicClllltyohaD.-u iIIfir8twriJlcae6t......u pw+-IV foIlowiDa ..w.o. oilbe NlJlice of Decioiaa to AppniIo. (See IOCIiaa 6184.) . ' . 161& Notice of Land AccIillaltlon ProcecIulM. , (a)Allbe time lbe public llllil3' -moo 1ft _ofillclociaiaa toap- pna.eaol JlI'lIlOIi7 it ohaD. flIrDIlh!be OWIIO... wriaon ~.-.,., ofill Joad ~ procod-. ~ in IIllII " '.,k.J. nndonllllld- able _ Jbc pabllc CIllilJ'. 8Cq1IiIilion pr.....chu.. IIIlIlbe ~ riahIlIlIIll opliaIII....u.bIe tII Jbc-. " (b) The IICIIiooIhall inclado Iho foI1owin,: , , (1) A . ~ oilho buico1>joclive,oflho public onlitT.1oild- qa;Fti<>oI)IIOInID1IId ....._Iolho anl10biIlIy oflho publlc~'. ....--... Qvy-L.. ~locedOD beac:tim ~ whicb In 0':' ~~ur-d IDI9' be lIIl8Iblo;. .....' _' dooipaIod' ' .' (2)A-.olthldlbe_or....rqnaen m_. iDa aball,be.- the llk-r....it! 10 1<, , '''.au)' each _...... <Iurins hiI;ll~ff 'r....raf..~~t1. . " . , (:$)A .... ~'diatlfJbcacqailitionoillllY~ofno1Jl1'01lO1lYwon1d Ioave the 0WIa' with III d..-I: 0I.rC:PV! JaDDat" II de6DDd in JU~ 6182<1> Iho pab1iC lillii)' wlII ofrc:rto IlCCpIiR JbO........cnomic .-....., if !he _.. dCIiIa; ',' , (4) A -lhatiftbe_io_l&lia1ledwithdiepw,6cIlllil1'. otfer at jaot ~ . ;,.......lio will be Jiylll. -"':'G"bIo UJ'I"-"~ to peKIIl.....1IlIIciia1. wbichlho publicenlil:y wiII~ ........... and 1hal if. ~........, ...~ CIDIIOl be .-bed.1ho public OIIliI1..., 100II U poioibJe. will oithCI' inolilIIIo.limna1 ecmcI m -""n proooedIna ...... tbe popcIty orlhllldou ill- ~-- fIIicquhe tbe property, Jiy. iDa IIlllioe oflhilaIIioruj'O....ldodin 1OCIiaa61PO. , ' (5) A..... ~..lhatClClll&ll'UOlia or~of. projool obaII be .; ocbedaIod lhatllll ponoa1owfall7 ~rh. aol property IheII be.... .,.;rod to~&am.!Iwc1liDa (._nd", ."'P'-cIwc1liIIau....., .,.;rod by Jboae Qnld'-" wiJ1 be awiJabIe) or to __ biI baaiMa or farm opelad.- WiIhnat.1caI POdaya wriaealllllioe &am the pilb6c1ll. lily of.. _ by wbioII the...... ill........d,1IId " , , (6)10.,...." mllhat,If....... ul4o......JllldetoJeDtIho !'""IoI'l7to 1ft OWDOterlUi._fara ohaII_ oifnr. pednd I1Ibjoct tollellllia. lien bylbepa&Hcailityat alatllDlloe.lberi...h.iI!DOtGDMdIbe__ .. oflhor.ar.-J WIae oflho praport)'to, ihClIl_........... ertbe JlIV .... pClIliGa oldie flIir nnia1 ft1De.. typbJ~ poriocI. . Iflho 0wnR Ill' _ is 111_' y." of. tIwdIin& Jbc nIIIaI fer Jbc ~ IboII be wiIbID bia ~ -. (See Ill...... ClOOlI(o).) 16110. NotIce of Public E!dIl(I DecIIIon Not to.Acqun. Wbcno'Wa pal& aiIi1;y wbIcla.... CIlo ;ooanlecl. NOlicc of Decioiaa to Appnioo er hiomadc. firm amr..........-r1y cIocideo DOt ID~. Ibe papzly. the pubJicenlil)' ohI1I........ nnliccin WIitina...Ibe-. .aII~o....lPlinsJbcpopcrl)'lIIllo1l~~, ~ll)'eIIp- . ". .-.. " , ~'j-' ", '1111. 1ncIcIo.... Ev- Jflbeno1 papc:ltJiI........by .-"-'Ibe pabIic pay . anl[+- ~Jr l... ~_ .ilx:idlm.to......," ..~.. ......, ina~---.fMo,;lIIn..d_oadoladlJr I iJJci- , , cIcat to ... _."'_ of al..-c~' IIIll ... JlIV ...hia.i of , ...... . palIIlc'" ..... _. -.pllld "oc&.CdaD wbioIIanoallawa1lle III. pednd oatil, ~ 1ll1ho... of ' afd& to Ibe pabIic"'" or Ibe cIIiIcJbe... oi P , ::Eh JalIICWl1 bylbe)llblicllllil,)'.." J ._ iiedR, Thepalllll: obo1lild'ann Jbc_lhalbe_1"PP1..mbIIi;oflbepro_ ,af'lIIJ'al , JIIOPllIl1- pail!. . . I '., II--. ' 1. .& .. .... 1l-~'76.. _ ...--J'''"_ . .tfIiIcdwe ll-a7-'7(; (RoaiIlIr'1&; No. 44).. . ' . [ 2.~of- .- _Z-16-77(Ilepolor77,No.1>\ f 11M. IhoItT_.......' (.) Jflbe pabIio peIIJIiJa III 0WII\Il'1lI'_1II ~lIIC_,pnlpCIt)' acqnIredat..-Jbula..~er..pednd...bject\D1IIIDi- nalion bylbe pabIic ~ at ohaII.......1ho _ of........... aballlIlll-.dlbe.....afJbe""' .odlol....lDa......' "'~ or Iho pro _ pardon of Ibe fair.-t wille,.. \yploIIl..... poriod. , Jfll'!'_llI'_ilIIIC . .'of.......!heRlllalfai.1be cIwaIWi8 oba1I be wiIbin h!o ~I_ (See.... I ..... 'II aJl{c).) (b) A ~uiIiIinn _ wboc ..;-aea1 JIIIlIICIit7 ......4 at ..-t buia fer.1bort _1IIll who la a.&.....41ha1.. i>-.....13 ... "- ooqubed fer. pab6c_.bo11 be sma DOtlou Jbon 30 cII~ nalioo oil ' . ';""oflho-,., ' . ", !llrnay, ' I 1.:.~' .lae ' ,,', (b)fIIodl1-5-76... _ 'i" '! 'fl. ........l1-'27-76(\1qi111r'1&;No. 44). 2.CorlIImeof- ." _2-16-77 (Ilop.w77,No.S '. 111.. Publldlfo..lI.e11..r'.. ' ,I The JIIIICI- pdcO IIId adicr COIIIidcnlion paid by Ihp ~ enIiIy , iI publi: wc...-liuu IIId ohI1I be mode &Y&IIahIe IIJlIIlI ~ 111... Ienloi elf NolIoL ' I _ i Sonioo of o1IllCllba. reqaDd by tbio &Iiir:Ie Iho1I bo made. by fin!.u. mail Ill' by pcnonoI.....1IpClII the peIaIlCI be IIlIIi&od. . . . f. II'''' Nonp~..."ary InIIrwt Exc'Fll_ 'i i The ...........<<6182(b). (0). (d)(4).""" (f) 1IIll6118 /lhallDOtll'Ply tolbo.........-oraDyl T.".......... "-.1.COYtIQader"!'-_ t'O' . ,,1nlaoIl in _ property to be ~.tIoo . nc>oIIIln1l:IIc IIIIontion, enIoI~ ft..h..... '. or JqiI_ of """"-............. ..,......'1.- or cimino. ~ lInb.erilarm_cbinL .........r........A ~ J....I... rw.-.. ClfTnhom~~ a) Frw IIoioono..lrw:IIIiW ~ 1.o-J...............~"'!'i"""of IIlli- .........be.. . ~. ioIIa- 1IIbdaa of _ ..... - latahi............. '. , -.A ~ . L .......ofdoe~ I ...... be....... . :x 2. f1 . ..........l1li1....11....... - ......._InJIdIyClOllllf'1il>f....... will be IO.......~.... %.. ..=.................... 110 ....,...__wlllbe...-IO__ II1l1O 4op" doe......... of'" o. 3.A _............... wIII..be ~III_"" " dn<(o\o.::.. ~ F ,. " ,c;l.P :xA~~ "_ ~ 'J1tIe 2S . ])epullo...... aI' Be . _.... o.--dl) :0.... J . II\'~ :..... . '~T.Bdllt:llJMl ' GIiIiIiIIl of.'" .-. .. . '. "~~TV"1.~" .,........ ^ ..- ....... ........ if .... . , SoT"M' ~t.~t""I'""! .............. fIf"ft] IL...~.. ............. - -L 6.~ .............,................ liIa _..., ... .. IIIiI[ no Ill*-. ~..............ar..' I ~ .... , ....... -. ". 7.... . ..~. . .......... M .1 LBdor' . LoI_ 'M>..-.-. ... r " '--'- I . - ~, . ~ - ..~ ~ , .~. . ~,.' "- ~ oIl'od1nllilr...... 'low V1Uof ilIUlbllAlllaf~._ ... .. Ioaof... ...... ..... . ,.:I~"'*_IVar..CSlIJPtJ '. "" l'~tIII"" ""'(_$', will " _.. ,_':l.. ......... ....... ........__ wIII-*..... _ .. _10 ......... ~ of... dIoIoo,lI!iWloI' lo "llIIiIoiJof_ plilo',,(..tI ," · .._ J ",,!PeM- , , ... 8I0Io _lDiloIliIr...... :Jl . j .....,.. do' .... _..............;. _ ...... '. ........_...........1f6oy , ,do.....DDlIl'1....-_,pdor.._ , ... . ..~..._.. ~', " 8. S_ i.t..........dt,.wiII.-ato-' ._. Iii~r" , .... .~.. wJdt.... . ..... . .... c61f.,... Il1o:..1.. , ............ be ar. . . P. r-', ." -~ ____.....__ ..,,",""_ofllo__'.... , .........-. ' . . 10. s..., ar..IocoI....,.. nioIiaa pOlicy. -.........~ . _......_... r .--'1058.' .. . 11.'100 . I' .. .1..__......._ ........ 'lad.....ilmIy.......wbido pr, ~ .::.. '--,,-1- . ,.....of_5., . ,..Dh..... 1 T. ..... ~1f'1 ~ c-. p- -- ,,,j I " ," " I " .' . I " " '" " - " ," . " . . . , I . ;41.-1 s? - ~-.. f 65IIlI . I "I " , Section An Analysis of the Preliminary Plan The Preliminary Plan for the Amendment ("Preliminary Plan") was approved by the City of Chula Vista Planning Commission ("Planning Commission") on January 21, 2004 and accepted by the Agency on January 27, 2004. The Preliminary Plan described the boundaries of the Added Area and included general statements of the proposed land uses, layout of principal streets, population densities, building intensities, and building standards. It also addressed how the Amendment would attain the purposes of the Law. It discussed the conformance with the General Plan and discussed the impact of the Project upon residents and the surrounding neighborhood. The amended and restated Redevelopment Plan conforms to the standards and provisions of the Preliminary Plan, as detailed below: · Proiect Area Location and Description: This section of the Preliminary Plan describes the boundaries of the Added Area. The proposed boundaries of the Added Area remain unchanged from what was contained in the Preliminary Plan. · General Statement of Proposed Planninq Elements: This section of the Preliminary Plan states that Added Area land uses, proposed layouts of principal streets, proposed population densities, proposed building intensities, and proposed building standards shall be subject to and controlled by the General Plan, Zoning Ordinance, and other local codes, as amended from time to time. These planning elements have been incorporated into the Plan. Additionally, the Plan does not propose any changes to population or development densities or land use designations. · Attainment of the Purposes of the Law: This section of the Preliminary Plan generally sets forth the objectives of the Added Area. To this end, the Plan contains a detailed list of redevelopment goals that permit the Agency to complete its redevelopment program to eliminate persisting blighting conditions in the Added Area in accordance with the Law. · Conformance to the General Plan: Both the Preliminary Plan and Plan conform to the standards, policies and provisions of the General Plan, as they exist or are hereafter amended. · General Impact of the Proposed Proiect Upon the Residents of the Added Area and Surroundinq Neiqhborhoods: This section of the Preliminary Plan states that ROSENOW SPEVACEK GROUP, INC, MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - G-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1- -/SY residents in and around the Added Area will benefit from improved traffic circulation, public facilities and services, environmental qual~y, employment opportunity and economic development activity effectuated by implementation of the Plan. Other impacts associated with the implementation of the Plan have been assessed and analyzed in the Environmental Impact Report on the Plan, included in Section K of this Report, and the Neighborhood Impact Report, incorporated in Section M of this Report. The Plan provides the Agency with the redevelopment tools and policies necessary to achieve positive impacts and mitigate negative impacts. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REOEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - G-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL -12-16"7 The Report and Recommendations of the Planning Commission On March 3, 2004, the Planning Commission adopted Resolution No. PCM - 0414 as its report and recommendation on the draft Plan. A copy of the Planning Commission's Resolution follows this page. ROSENOW SPEVACEK GROUP, INC, MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - H-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A l~ / ~o RESOLUTION NO. PCM 04-14 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING ITS REPORT AND RECOMMENDATION ON THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August IS, 1978, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre 1I Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre 1I Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre 1I Plan, Otay Valley Plan, and Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas ("2004 Amendment"); and WHEREAS, on January 13, 2004, the City Council adopted Ordinance No. 2947 amending the Merged Chula Vista Redevelopment Plan to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and WHEREAS, on February 3, 2004, the City Council adopted Ordinance No. 2949 amending the Merged Chula Vista Redevelopment Plan to extend the duration of the plan's effectiveness and time limit to collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, Section 33346 of the Law provides that before the proposed 2004 Amendment is submitted to the City Council for consideration, it shall be first submitted to the C:\WINDOWS\Temporary Internel Files\OLKF2El\PC Reso on Redev Plan. Fcb 25 04.doc /fZ.-l~! Planning Commission for its report and recommendation concerning the 2004 Amendment and its conformity to the City's General Plan; and, WHEREAS, Section 65402 of the Govemment Code provides in part: (a) "If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park, or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandomnent, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. . . (b) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof..."; and, WHEREAS, the Planning Commission has received and reviewed the 2004 Amendment in the form attached hereto as Exhibit "A"; and, WHEREAS, the boundaries of the Merged Chula Vista Redevelopment Project Area ("Project Area") incorporate territories within the jurisdiction of the City of Chula Vista General Plan; and, WHEREAS, the 2004 Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project, proposes land use controls, permitted uses, public uses, interim uses, and general land use controls and limitatioil~;'in a manner consistent with applicable City General Plan policies as follows: 1. Section 518 of the Amended and Restated Plan provides that public improvements to be undertaken by the Agency .are identified in the General Plan and capital improvement programs, and incorporates said documents by reference; and, 2. Section 528 of the Amended and Restated Plan provides that all development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the General Plan, zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and, 3. Section 529 of the Amended and Restated Plan provides that all real property sold, leased or conveyed by the Agency, as well as property subject to Owner Participation Agreements between the Agency and property owners, shall be made subject to the provisions of the General Plan, zoning ordinance, and all C:\WINDOWS\Temporary Internet FiIes\OLKF2EI\PC Reso on RelIC\' PlaA' Feb 2S 04.doc )41.-/~L disposition of real property for street, square, park, or other public purpose by the Agency for the purpose of carrying out the Amended and Restated Redevelopment Plan conforms to the General Plan of the City. 4. The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any and all actions that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of the Amended and Restated Redevelopment Plan, the Agency or City Council desire to make any minor, technical, or clarifying changes to the Amended and Restated Redevelopment Plan, the Planning Commission hereby fmds and determines that any such minor, technical, or clarifying changes need not be referred to it for further report and recommendation. 5. This Resolution shall constitute the' report and recommendation of the Planning Commission on the 2004 Amendment to the Agency and City Council pursuant to Section 33346 of the Law PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 3rd of March, 2004 by the following vote to-wit: AYES: Madrid, Castaneda, Cortes, Horn NOES: ABSENT: O'Neill, Hall, Felber ABSTENTIONS: /i e Castaneda, Chairman ,~ Diana Vargas Secretary to Planning Co ission C:\WINDO\VS\Temporary Internet Files\OLKF2EI\PC Rcso on Rcdev Plan -Feb 25 04.dOl: A-1-/~3 Report and Recommendation of the Project Area Committees The Project Area is served by two separate project area committees. The Town Centre Project Area Committee only has jurisdiction over the Town Centre II constituent area of the Project Area, while the Added Area Project Area Committee (formed as part of this Amendment process in January 2003) only has jurisdiction over the proposed Added Area. On August 19, 2003, the Agency authorized staff to distribute to the Town Centre Project Area Committee and the Added Area Project Area Committee the draft Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project as amended by the proposed Amendment. A summary of each entity's report and recommendation is presented below: Town Centre Project Area Committee On September 17, 2003 the Town Centre Project Area Committee received and reviewed the draft Amended and Restated Redevelopment Plan, as well as the Owner Participation Rules and Method of Relocation. At that meeting, the Town Centre PAC adopted Resolution No. 2003-003 recommending that the City Council adopt the 2003 Amendment in the form of the Amended and Restated Redevelopment Plan, the Owner Participation Rules, and the Method of Relocation. Added Area Project Area Committee In January 2003, the Added Area PAC was formed by an election process, and subsequently conducted 12 public meetings to review the proposed 2003 Amendment. The majority of the Added Area PAC's time was spent reviewing the Agency's Method of Relocation, in light of several specific concerns regarding how relocates would be treated if the Redevelopment Agency exercised eminent domain. Generally, the Added Area PAC expressed their position that the limits in State Relocation Law and the Relocation Guidelines (which formed the Redevelopment Agency's Method of Relocation) were insufficient to meet all of the costs and impacts of relocation. A relocation consultant was brought into these meetings to explain the relocation process, and staff, consultants and attorneys also worked with the PAC to elaborate and explain specific relocation benefits. ROSENOW $PEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 1-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ,If 2.-1 C. 'I At their final meeting on October 9, 2003, the Added Area PAC adopted Resolution No. 2003-01 recommending that the City Council adopt the 2003 Amendment and the Owner Participation Rules. The same resolution also recommended approval of the Method of Relocation subject to Redevelopment Agency approval of seven specific supplemental relocation policies. These supplemental relocation policies, which go beyond the requirements of State Relocation Law and the Method of Relocation, are as follows: . Remove $10,000 limit on reestablishment expenses. . Establish up to a ten-year tenure-based formula to provide displaced resident and business occupants with compensation for any rent differential. . Cover costs of permits and assist in acquisition of permits in timely manner. . Provide a minimum of 3 optional premises for each displaced resident or business, unless waived by the occupant. . In projects involving condemnation, if the replacement value under the cost approach exceeds the appraised value, Agency will compensate using the replacement value of the structure plus land value. . In projects involving condemnation, establish purchase price based on highest value identified in appraisal, irrespective of appraiser's final opinion of value to the extent permitted by State law. . In projects involving condemnation, Agency shall provide reasonable legal costs (Cumuis Counsel) for involved owners and tenants, and advise owners and tenants that they are entitled to independent legal counsel. The Method of Relocation contained in Section F of this Report incorporates staff's recommended policies in response to the Added Area PAC's concerns. Many of the issues raised by the PAC conflict with State acquisition and/or relocation law, establish arguably discriminatory policies, or are beyond the control of the City to enforce and implement. The Method of Relocation contains the following three pOlicies that address other PAC recommendations, as follows: 1. Cover costs of new City of Chula Vista permits for the relocation site and facilitate the acquisition of such permits in a timely manner. 2. Agency to provide a reasonable number of relocation options for businesses and residential occupants, including providing a minimum of three relocation locations where feasible. 3. Inform affected occupants of their right to retain legal counsel at their own expense. If the Amendment were adopted by the City Council, the Added Area PAC would continue to operate for a three-year period. ROSENOW SPEVACEK GROUP. INC, MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 1-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 1.- N, s- Section A Statement of Conformance to the General Plan On March 3, 2004, the Planning Commission adopted Resolution No. PCM - 0414 determining that the draft Plan and implementation activities described therein are in conformity with the General Plan of the City, pursuant to Government Code Section 65402. A copy of the Planning Commission resolution is included in Section H of this Report. ROSENOW SPEVACEK GROUP, INC, MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - J-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2.- / Ie (.. The Environmental Impact Report In accordance with the requirements of the California Environmental Quality Act (CEQA), a Final Program EIR has been prepared to analyze the environmental impacts of the proposed Amendment. CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program have been prepared to reflect the conclusions of the Final EIR as well as responses to the comments received during the public review period. A copy of the EIR is included under separate cover and incorporated herein by reference. The EIR reviewed all potential environmental impacts associated with the implementation of the plan. Topics addressed in the EIR include: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, HydrologyM'ater Quality, Land Use/Planning, Noise, TransportationlTraffic, Public Services/Utilities/Service Systems, Hazards and Hazardous Materials, Population and Housing, and Recreation. Additionally, the EIR addressed all other sections as required by the CEQA. The EIR analyzes the significant, short and long-tenn impacts related to the adoption of the Amendment. The EIR is a program-level EIR as there is no specific development project associated with the Amendment. The EIR includes as much detail as possible given the programmatic nature of the proposed Amended and Restated Redevelopment Plans in order to maximize infonnation available for the public review, thereby minimizing the extent of future project-specific environmental documentation. The EIR includes information gathered from the Initial Study/Notice of Preparation correspondence from utility/service providers, available Iiteraturelreference documents, and consultation with potentially affected agencies. The Draft Program EIR was prepared and made available for a 45-day public review period on August 25, 2003. In accordance with City environmental review procedures, the Resource Conservation Commission held a hearing during the review period on September 15, 2003, and was among seven parties that submitted comments on the Draft EIR. Other parties submitting comments included Sweetwater Authority, the City of San Diego, the County of San Diego, U.S. Fish and Wildlife Service and the SDG&E, and SANDAG. The Planning Commission closed the 45-day review period on October 8, 2003. Summary of Environmental Impacts In general, the EIR concluded that because of consistency with the City's General Plan, adoption of the Amendment would not result in any significant unmitigated ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - K-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ~ 2- /~) environmental impacts. The EIR acknowledges that the Amendment may indirectly encourage and potentially expedite development in the Project Area; however, the resulting development and impacts are not anticipated to be beyond policy as set forth in the City's General Plan. In general, the EIR concluded that there would be no significant environmental impacts of the Amendment with implementation of mitigation measures included in the EIR. The issues identified in the EIR are discussed below: 1) Land Use/Planning: The EIR concluded that because the Amendments do not alter land use policies from the adopted General Plan and that the Amendment conforms to the General Plan, adoption of the Amendment do not have any significant direct land use impacts based on the land use threshold criteria. Mitigation measures will be imposed on future projects in the Project Area to ensure that the necessary infrastructure in a timely manner to avert impacts due to project implementation. No significant laud use impacts are anticipated with adoption and implementation of the Amendment and incorporation of the mitigation measure. 2) Geology/Soils: The Amendment do not propose any specific projects that can be detailed and analyzed with any accuracy at this time. The City would determine if additional environmental analysis is warranted, and prepare additional analysis as necessary future projects. As with any development in Chula Vista, future development would be exposed to geologic hazards and seismic activity due to the presence of active faults that affect Chula Vista. Mitigation measures incorporated into the EIR include City approval of a detailed geotechnical investigation and implementation of grading and design recommendations prior to issuance of any final grading permit for development, City or Agency review of all development plans and implementation of appropriate liquefaction prevention measures for potential liquefaction impacts, and review of, and implementation of appropriate prevention measures for, potential differential settlement impacts. No significant geology/soils impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. 3) Hydrology/Drainage and Water Quality: The EIR acknowledges that future development within the Project Area may result in drainage, flooding susceptibility, increased runoff, surface water quantity and urban pollutants, or erosion impacts. Development within the Project Area would be required to comply with the City's applicable codes and guidelines, including NPDES Construction and Municipal Permits, including Standard Urban Storm water Mitigation Plans (SUSMP) requirements, and the implementation of Best Management Practices (BMPs) to the satisfaction of the City Engineer to avoid these impacts. There will be no significant drainage or water quality impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. ROSENOW SPEVACEK GROUP, INC, MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - K-2 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /12-/~r;r 4) Traffic and Circulation: Based on the threshold criteria the adoption and implementation of the Amendments could encourage development that could have significant traffic and circulation impacts to the area transportation and circulation system. City staff would evaluate future projects during the environmental process to determine if a traffic study is warranted. Mitigation measures incorporated into the Final EIR include the following: conducting and implementing recommendations in traffic studies consistent with City policy, and construction of recommended circulation system improvements prior to issuance of a certificate of occupancy. There will be no significant traffic and circulation impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. 5) Aesthetics: The EIR acknowledges that future development could have aesthetic impacts, including architecture, urban design, landscaping, and/or landforms that negatively detract from the aesthetic character of a site, or surrounding area. In addition, projects could increase light and glare and impact existing land uses in the vicinity that are sensitive to light and glare. Development along F Street and Fourth Avenue could impact the scenic qualities of these two roadways because they are designated as scenic roadways. The Amendment enables the Agency to undertake projects to eliminate blight and implement public improvement projects that could improve the aesthetic quality of the Project Area; future development would be evaluated for consistency with applicable City policies and mitigation measures would be implemented to reduce potential impacts in the future. Mitigation measures include review of project plans and building design, and conformny with applicable design manual and other standards. No significant aesthetic impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. 6) Noise: While development within the Project Area may result in increased noise levels, it is not possible to analyze the specific extent of these impacts at this time because the Amendment do not propose projects of such specific nature and scope that can be analyzed with any accuracy at this time. City staff would review future projects for potential noise impacts as appropriate. When applicable, noise studies would be required to ascertain conformance with City policies. Mitigation measures included in the EIR include: review of projects in context of the Noise Control Ordinance and the City's significance thresholds and implementation of required measures prior to issuance of a certificate of occupancy. There will be no significant noise impacts associated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. 7) Air Quality: Construction of projects within the Project Area will have short and long-term emissions impacts and contribute t air quality violations. While the mitigation measures in the EIR will serve to reduce air emissions typically ROSENOW SPEVACEK GROUP, INC, MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - K-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ~ 2-/(..7 associated with development activities, the measures are not all-inclusive. As new air emission reduction measures are identified in the future, the City or Agency, as appropriate, shall incorporate those air emission reduction measures into projects to further reduce air emissions. Mitigation measures incorporated into the EIR include: Adherence to specific construction related air emissions mitigations including random periodic field inspections to ensure compliance with the mitigation measures, providing evidence of necessary permits to the City, and implement enhanced dust control measures to maintain less-than-significant impact of construction on air quality. There will not be any significant air quality impacts associated with adoption and implementation of the Amendment with incorporation of the recommended mitigation measures. 8) Public Services: The EIR studied the impact of the Amendment on water service, police service, fire protection, school facilities, sewage services, library services, solid waste disposal, gas and electricity, and cable and telephone service. The Final EIR concluded that by virtue of the fact that the Amendments would encourage development it would consequently have impacts on all of these public services with the exceptions of solid waste disposal and cable and telephone services. The Final EIR contains mitigation measures including payment of appropriate impact fees, requirements to install, construct or modify utilities to meet project demands, and monitoring calls for service. There will not be any significant impacts associated with adoption and implementation of the Amendment with incorporation of the recommended mitigation measures. 9) Hazards and Hazardous Materials: Though the Amendments would not directly create potential public health hazards or involve the use of hazardous materials, implementation of the Amendment would encourage development of private and public projects. The EIR does not speculate as to whether future project implementation could expose persons to health hazards. However, any future development in the Project Areas would have to comply with local, county, state or federal law. In addition, the Amendment does not change the requirements to remediate contaminated properties prior to development. Mitigation measures incorporated into the EIR include preparation and approval of Phase I Environmental Site Assessments, asbestos and lead-based paint surveys and remediation of any such toxic materials, and requirements of hazardous materials users to store, employ, and dispose of such materials in compliance with applicable laws and regulations. There will not be any significant impacts associated with adoption and implementation of the Amendment with incorporation of the recommended mitigation measures. 10) Population and Housing: The adoption and implementation of the Amendment will allow the Agency the ability to provide financial assistance to upgrade, improve and provide additional residential housing, including low and moderate ROSENOW SPEVACEK GROUP, INC, MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - K-4 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL /1-2-l7tJ housing. Since all development must be in compliance with the General Plan, the Amendment will not result in the construction of more residential units than allowed by the General Plan and as amended from time to time in the future. Based on the threshold criteria the adoption of the Amendment will not have any significant population or housing impacts because the Amendment will not increase housing or population numbers beyond the amounts planned for by the City and regional planning agencies. No significant population or housing impacts are anticipated with adoption and implementation of the Amendment, therefore no mitigation measures are recommended. 11) Recreation: The EIR concludes that the Amendment could encourage development that increases demand for park and recreational facilities. The payment of park fees or dedication of parkland from future development exactions would mitigate these impacts. The mitigation measure incorporated into the EIR requires the payment of park fees prior to issuance of building permits. 12) Biological Resources: Because there are no known sensitive wildlife species or habitat in the Added Area, development would not have any significant biological impacts. No projects are proposed as part of this Amendment in sens~ive biological areas. 13) Cultural Resources: Based on the threshold criteria, development could significantly impact cultural resources since archaeological and paleontological resources have a low to moderate potential to exist in the Added Area. Although there are not any known historical buildings in the Added Area, some buildings may be candidates as a historical resource and could be significantly impacted if demolished or remodeled. Mitigation measures included in the EIR include archaeological, historical, and/or paleontological surveys as appropriate, and implementation of recommended preservation or documentation steps prior to demolition. There will not be any significant impacts associated with adoption and implementation of the Amendment with incorporation of the recommended mitigation measures. Project Alternative Analysis Three project altematives were analyzed in the EIR, though none of these altematives were determined to eliminate any indirect adverse environmental impacts that could occur with adoption of the Amendment. Of the three project alternatives to the EIR, the Modified Project Area, no Eminent Domain, and the CEQA-required No Project, none are preferred to the proposed Amendment. Each of the rejected alternatives was carefully examined and weighed to determine how they could meet objectives. The selection of the recommended project, while still resulting in ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ~ K-5 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A 2.-/1/ significant environmental impacts, has substantial environmental, planning, social, fiscal and other benefits. The Amendment will not create or generate any significant irreversible environmental changes that would not occur without the adoption and implementation of the Amendment. Preparation and Public Review Schedule The Draft Program EIR was prepared and made available for a 45-day public review period on August 25, 2003. In accordance with City environmental review procedures, the Resource Conservation Commission held a hearing during the review period on September 15, 2003, and was among seven parties that submitted comments on the Draft EIR. Other parties submitting comments included Sweetwater Authority, the City of San Diego, the County of San Diego, U.S. Fish and Wildlife Service and the SDG&E, and SANDAG. The Planning Commission closed the 45-day review period on October 8, 2003. Responses to the comments received have been mailed to the appropriate parties, and a mitigation monitoring reporting program and findings of fact have been prepared and incorporated into the EIR. The Resource Conservation Commission (RCC) reviewed the Draft EIR on September 15, 2003. After reviewing and discussing the document, the RCC voted 6-0 to recommend the certification of the Final EIR by the City Council. The RCC provided minor comments to the document that were addressed at their meeting and in the Response to Comments, and found the EIR to be in Compliance with the California Environmental Quality Act (CEQA). The public comment period for EIR-Q4- 01 was closed at the Planning Commission meeting of October 8, at which time no comments were received from either the public or Planning Commission members. On March 3, 2004, pursuant to City policy, the Planning Commission approved a resolution certifying the EIR. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - K-6 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL 42-172.. Report of the County Fiscal Officer On February 4, 2004, the San Diego County Auditor-Controller provided the Agency a report prepared in accordance with Section 33328 of the Law, using the 2003-04 equalized roll as the "base year" assessment roll for the purposes of calculating tax increment. In addition, on January 29, 2004, the State Board of Equalization submitted a similar report for state-assessed non unitary assessed values in the Added Area; this report indicated that the Added Area has no nonunitary assessed value of state-assessed property within its boundaries. Together, the County and State Board of Equalization report that the total Added Area secured, unsecured, and state-assessed value in 2003-04 is $433,932,779. Copies of the base year reports prepared by the County Auditor-Controller and State Board of Equalization follow this page. Adoption of the Amendment does not affect the existing base year values for the Town Centre II, Otay Valley, or Southwest constituent areas of the Merged Project Area. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ~ L.1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ,41.-/73 . DONALD F. STEUER CHIEFFltW<<;IALCfFICER (e18)Ql~13 FAX (811) 1531-5218 QIount~ of ~an :!fli2g0 TRACY M. SANDOVAL ASSl',CHlEFFI<lANCW.Of'Ace.... AUDlTtlR I COHTAOUER (010)831-60113 FAX(81t11531-52\1 AUDITOR AND CONTROLLER 1600 PACIFIC HIGHWAY STE lee, SAN DIEGO. CALifORNIA 92101-2418 February 4, 2004 laurie A. Madigan Community Development Director City of Chula Vista Redevelopment Agency 276 Fourlh Avenue Chula Vista, CA 91910 Dear Ms. Madigan: REVISED MERGE CHULA VISTA REDEVELOPMENT PROJECT Enclosed Is a copy of the Revised Merge Chula Vista Redevelopm:r.t Project's Base Year Assessment Roll Report. The Secured assessed base values have been changed with the current Information provided by the County Assessor. This report Is prepared In accordance with Health and Safety Code Section 33328. The base yaar report provides you with the taxable assessed valuation, the affected taxing agencies, the revenue derived by each taxing agency from the base year and the estimated projact tax increment. The basa year report will be the basis for allocation of tax incremant by the Auditor and Controller and Includes tha following Information: 1. The total assessed valuation of all taxable property within the projact area as shown on the base year assessment roll. 2. The identification of each taxing agency levying taxes in tha project area. 3. Tha emount of tax revenue to be darlved by each taxing agency from the base year assessmant roll from the project araa, Including stale subvention for homaowners. 4. For each taxing agency, Its total debt service tax revanue from all the property within its boundaries, whether Insida or outside the projact area. 5. The estimated project tax Incremant available to tha redevelopment agency, brokan down by taxing agency. If you have any questions. please contact Nenette De Jesus or Pete Redmann, Manager of Proparty Tax Services at (619) 531-5396. Sincerely, ~07.~ CHRISTOPHER P. GILMORE Deputy Controller PTS:PR:kb Enclosure -12. -l7f CHULA VISTA REDEVELOPMENT AGENCY MERGE CHULA VISTA REDEVELOPMENT PROJECT BASE YEAR ASSESSMENT ROLL REPORT PER HEALTH AND SAFETY CODE 33328 REVISED JANUARY 2004 A 2.-n~ TABLE OF CONTENTS MERGE CHULA VISTA REDEVELOPMENT PROJECT BASE YEAR ASSESSMENT ROLL REPORT PER HEALTH AND SAFETY CODE 33328 TABLE OF CONTENTS 1 TABLE I -PER H. S. CODE SECTION 33328, (a). THE TOTAL ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE PROJECT AREA AS SHOWN ON THE BASE YEAR ASSESSMENT ROLL. 2 TABLE II-V' -PER H. S. CODE SECTION 33328, (b), (c), (d). THE IDENTIFICATION OF EACH TAXING AGENCY LEVYING TAXES IN THE PROJECT AREA. THE AMOUNT OF TAX REVENUE TO BE DERIVED BY EACH TAXING AGENCY FROM THE BASE YEAR ASSESSMENT ROLL FROM THE PROJECT AREA, INCLUDING STATE SUBVENTION FOR HOMEOWNERS. 3-6 FOR EACH TAXING AGENCY, ITS TOTAL DEBT SERVICE TAX REVENUE FROM ALL PROPERTY WITHIN ITS BOUNDARIES, WHETHER INSIDE OR OUTSIDE THE PROJECT AREA. TABLE VI -PER H. S. CODE SECTION 33328, (e). THE ESTIMATED PROJECT 1% TAX INCREMENT AVAILABLE TO THE REDEVELOPMENT AGENCY, BROKEN DOWN BY TAXING AGENCIES. 7(A-C) TABLE VII -PER H. S. CODE SECTION 33328, (e). THE ESTIMATED PROJECT DEBT SERVICE TAX INCREMENT AVAILABLE TO THE REDEVELOPMENT AGENCY, BROKEN DOWN BY TAXING AGENCIES. 8(A-C) . Revenue determined using most recent data available. (1) A2./7(, TABLE I (REVISED JANUARY 2004) MERGE CHULA VISTA REDEVELOPMENT PROJECT 2003-2004 BASE ASSESSED VALUE SECURED $393,758,665 STATE iQ TOTAL SECURED $393 758 665 UNSECURED $40,174,114 0 GRAND TOTAL $433 932 779 HEALTH & SAFETY CODE SECTION 33328, (a). (0) ESTIMATE PER COUNTY ASSESSOR (2) -12-/77 TABLE II (REVISED JANUARY 2004) MERGE CHULA VISTA REDEVELOPMENT PROJECT SECURED & UNSECURED 1% TAX REVENUE COUNTY GENERAL $ 635,961 $ 64,486 $ 335,817,463 GEN ELEM CHULA VISTA 1,101,719 111,906 45,394,427 GEN ELEM NATIONAL 19,409 3,326 3,297,832 HIGH SWEETWATER UNION 724,438 74,413 39,115,513 SOUTHWESTERN COMM COLLEGE 195,247 20,056 12,601,727 COUNTY SCHOOLS 68,517 7,292 42,097,712 EDUC REV AUGMENTATION FUND 588,371 59,588 326,624,865 CHULA VISTA CITY 589,396 59,181 12,869,805 CWA SOUTH BAY IRRIGATION 14,529 1,493 201,432 HEALTH & SAFETY CODE SECTION 33328, (b), (c), (d). (3) A'2 - /7 f{ TABLE III (REVISED JANUARY 2004) MERGE CHULA VISTA REDEVELOPMENT PROJECT SECURED DEBT SERVICE TAX REVENUE ESTIMATED AGENCY TAX REVENUE PROJECT AREA BASE YEAR ASSESSED TOTAL TAXING AGENCY REVENUE VALUE BASE REVENUES METROPOLITAN WATER DISTRICT 23,997 213,080,671,231 13,255,799 COUNTY WATER AUTHORITY 2,636 213,079,629,848 1,427,632 TOTAL DEBT SERVICE FUNDS $ 26,633 $ 14,683,431 HEALTH & SAFETY CODE SECTION 33328, (b), (e), (d). (4) -4:2- /7j TABLE IV (REVISED JANUARY 2004) MERGE CHULA VISTA REDEVELOPMENT PROJECT UNSECURED DEBT SERVICE TAX REVENUE ESTIMATED AGENCY TAX REVENUE PROJECT AREA BASE YEAR ASSESSED TOTAL TAXING AGENCY REVENUE VALUE BASE REVENUES METROPOLITAN WATER DISTRICT 2,692 9,289,991,659 625,822 COUNTY WATER AUTHORITY 301 9,287,054,598 69,651 TOTAL DEBT SERVICE FUNDS $ 2,993 $ 695,473 HEALTH & SAFETY CODE SECTION 33328, (b), (e), (d). (5) ,12-/fO TABLE V (REVISED JANUARY 2004) MERGE CHULA VISTA REDEVELOPMENT PROJECT SECURED & UNSECURED DEBT SERVICE TAX REVENUE PROJECT AREA BASE YEAR REVENUE ESTIMATED ESTIMATED ESTIMATED SECU~ED UNSECURED AGENCY TAXING AGENCY TAX REVENUE TAX REVENUE TAX REVENUE METROPOLITAN WATER DISTRICT 23,997 2,692 13,881,621 COUNTY WATER AUTHORITY 2,636 301 1,497,283 TOTAL DEBT SERVICE FUNDS $ 26,633 $ 2,993 $ 15,378,904 HEALTH & SAFETY CODE SECTION 33328, (b),(c),(d). (6) /12.-/ff! ~ a a N >- > ~ W => ..J z III <0: <C ...., I- fa rn :> UJ es I- U W .., o 0::: a. I- Z W :E a. o ..J WI/) >C Wz C::l Wu. 0::: <(-.J!. 1-.... I/) :;: ~ ::l ::J: U W Cl 0::: W :E I- U <( a. :E Z 1-0 Z - W I- :Ea. 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AI.I.'q:i~ ~lC\"J Wl!tIJ,'t Cf,~'oal!ll', n.gr, .'0:.,'\" ,... , TUolC:llliy ~.. fII'..'. r. lfll.f,"!, [i~.'t'w,;v~ t,)'II~:'"", Mr. ",,,Ie H,;,dnlan, Sr, Alld. 8 CQrl{,;N!gr:, Prop. TM S~n DieMll County Office of Ih(l AUd~~c:ontr()lIef ,1.;00 PClci'ic Highway, Room 71 :.1~", Oi'No, CA 92101-2478 "'Ii , ,j: ,I ~'l' "I'; ";":';:!"".., Dt.)m Mr. RecfmflJ1: ;',t;.~:ti'::~' ~"~f,,''''ln ,.'t",:-.. Tl'''llrmer Boknowi&d}lt:$ 1'8cQipt Q,,'~U.ry 27., 2(l<H, 01 youti9V1iIQ'110 tho filing m'~p Mu naogr;l;>h" dascripliolllJ of lhll prQPo~8d 2003 'AJiilin\tmltm A'lta to MerQ" 'Chu18 Vllst. RedftVlIIOp..,,,,,t P,oJect Area. .',1")',, '" ""'-" "'!,,!.;. ;""~' ~', :" ',' ~ ' YOil' revision did not af1ecllhe tlaSltYt~tftherefore, the 2oosiCi4 'tl~se year vlIlue letter we Sf',,1 to y<'lur oHloe dated September 8, 2003, Is stili valid. . '---: ~' , The/;'1 vall,lee will contirllJ9 t<:> bt' vIlJi~iU'Ifi. projF,"~ bt'underillll'r~n;.al" !lXac!. Tho or(llnanCG Qt1uptillg ilM approving the rfildllvelC>llmCm pl(lT11()f1"1!',mil:lc;~ bl:lcornes elfi!!ctMl'priorro Augusl20, 2004, , ;'t '.\. : ,I ~! . , , . , SII1C&lsly; ':-t' , 1 '... ' . ~ : .,: .. -"'"'\ ~\ I ~ iI !.: ; .: . , " >-M....... c.----- , MJ HiI",J: e~llor Tax ArelJstMces Sltetion ,I"." ., MI!:t<h +,~. );r;;.' ""I "' " ; ",t,'d.",; I.,: .'";." ~;~ L':l,: ~.."'... < 00' Mr. MiguElI 'Tapia Mr, Cliff Jones '. '. ;,~' '. ; 1., ''; , ~. i.-If, .:.),::"", , : :'\;-i ~ , ", ~~ i.~',i.i ~" ,. , ; ;". ~ ; ~ ~'i ; '; ;' ,: " ',:~ill<~';"~~, ll~j'li:Jq~~"i ,r',:', . ~ . ....... ;I",~,~"',"'b,,,:: " <~';":', ~ "... ,'~r 'I :,," ~i ;'" ,.'," " ",; , ~, '.', '",.' , ~ ' ~ ' :.: . ":'c. f,.I\, '1 /' ll.~ ,;, ':'h ~i.': A 1-.-1~r. Neighborhood Impact Report The Law requires that a Neighborhood Impact Report discuss the impact the Amendment will have on low and moderate income persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. Additional issues that the neighborhood impact report must address include: the number of low or moderate-income dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated, developed or constructed; the number of dwelling units planned for construction or rehabilitation to house persons and families of low or moderate income (other than replacement housing); the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation, and replacement housing objectives. Relocation At this time, the Agency does not have any plans to relocate residents or businesses in the Added Area. If relocation activities are undertaken, the Agency will handle those activities on a case-by-case basis, in accordance with its method of relocation, as contained in Section F of this Report. As a public agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Govemment Code Sections 7260 through 7277) and follow the Califomia Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulations, Title 25, Chapter 6. Prior to commencement of any acquisition activity that may cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a speCific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVElOPMENT AGENCY OF THE CITY OF CHULA VISTA . M.l . MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL ~ ')..-1 K1 Traffic Circulation Transportation and circulation impacts resulting from the adoption and implementation of the Amendment are discussed in Section 4.4 of the EIR. The Amendment does not provide for the direct development of any private or public development projects that would generate traffic and impact existing levels of service of any roadways in the Added Area. However, the development of projects would indirectly generate traffic both during and after project construction, impacting existing levels of service on road segments and intersections that serve the Added Area both within and outside its boundaries. The City's General Plan will control the land use designations and intensities of the amended and restated Redevelopment Plan; its implementation will not create locally or cumulatively significant impacts beyond what is anticipated under the General Plan. It will also not alter or intensify the General Plan's land uses, traffic generation, levels of service, or intersection capacities. As a result, no traffic or circulation impacts were forecast in the EIR that were not considered by the General Plan EIR. The Agency, via the amended and restated Redevelopment Plan, will adhere to policies in the circulation element of the General Plan in lessening traffic and circulation impacts. The Amended and Restated Redevelopment Plan permits the Agency to construct improvements to improve traffic circulation. In the absence of the Amendment, such improvements may be delayed indefinitely because of the City's lack of financial resources in funding the improvements. Several projects related to circulation and traffic improvements are listed in the amended and restated Redevelopment Plan and are enumerated in Section A of this Report. These improvements include, but are not limited to modifications to roadway widths, construction of curbs, gutters, streetlights, and sidewalks. These projects proposed by the Agency will improve circulation, mitigate traffic deficiencies, and provide general benefits to the Added Area consistent with the circulation element of the General Plan. Environmental Quality The EIR reviewed the impacts of the Amendment, including the potential new development and public improvements that could be facilitated by the Agency. The EIR is incorporated herein by reference. The EIR analyzed the following ten areas: . Land Use/Planning . Geology/Soils . Drainage and Water Quality . Traffic and Circulation . Aesthetics . Noise . Air Quality . Public Services/Utilities . Hazards and Hazardous Materials . Population and Housing ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA . M.2. MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCIL A2--/lfO . Recreation . Biological Resources . Cultural Resources Because the Amended and Restated Redevelopment Plan does not propose uses or intensities beyond the General Plan, adherence to adopted General Plan policies will ensure that implementation of the amended and restated Redevelopment Plan will lessen or avoid potential impacts. Where applicable, the EIR outlines mitigation measures, which will be required of future development. This will assure that the quality of the environment is maintained. During implementation of the Amended and Restated Redevelopment Plan, specific redevelopment proposals may warrant further specific environmental analysis as required by the Califomia Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"). Availability of Community Facilities and Services The EIR determined that the Amendment would not have a significant impact on public facilities including fire protection, police, water, wastewater, storm drain, and solid waste services. The Amended and Restated Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates poliCies to mitigate impacts on public services and facilities. As outlined in Section A of this Report, implementation of the amended and restated Redevelopment Plan and its proposed projects are expected to improve the City's existing community facilities and services. The amended and restated Redevelopment Plan will allow the Agency to utilize tax increment revenues to provide for the upgrading of existing, and construction of new, community facilities, which will be of benefit to the Added Area. I:ffe<.t on School Population and Quality of Education The Added Area is served by the Sweetwater Union High School District, Chula Vista Elementary School District and the National City Elementary School District (collectively, the "Districts"). Section 4.8 of the EIR describes the direct and cumulative impacts of the Amendment on area schools. The EIR indicates that development fees and/or land set-asides for schools would be sufficient to fund these facilities. The Law also provides the Districts with statutory payments from generated tax increment, irrespective of whether the Districts suffer impacts from adoption of the Amendment. This revenue may be used for capital and operational purposes, including school facilities. Amendment implementation will not result in excess development of that allowed by the City's General Plan. Therefore, the adoption of the Amendment will not cause the ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - M-3 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCil 42-/'1 Added Area to generate more students than could occur in connection with development allowed in the General Plan. The City has adopted policies in the General Plan to mitigate impacts of General Plan build out on schools; implementation of the Plan will adhere to the General Plan policies to mitigate impacts on schools. Property Taxes and Assessments The amended and restated Redevelopment Plan calls for various methods of financing its implementation. Because redevelopment agencies do not have the constitutional authority to impose taxes, implementation of the Amended and Restated Redevelopment Plan will not cause an increase in property tax rates. Rather, the principal method of financing redevelopment will be the utilization of tax increment revenues generated by the Added Area. Tax increment financing reallocates property tax revenues generated by increases in the assessed value of property in the Added Area. Although redevelopment of the Added Area will increase the assessed valuation, Added Area property owners will not experience increases in property taxes beyond those normally allowed by other state law and state constitutional provisions. Low and Moderate Income Housing Program A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Destroyed or Removed by the Project There are no plans to remove any housing units from the Added Area. However, over the 30-year life of the portion of the Amended and Restated Redevelopment Plan applicable to the Added Area, it is conceivable that some of the nonconforming housing units could be displaced. For the purposes of this analysis, the Agency has assumed that between 0 and 50 of these units could be displaced. B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Project Based on the assumptions discussed above, the Agency estimates that between o and 50 households of low and moderate income could be displaced by the implementation of the Amended and Restated Plan as applicable to the Added Area. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed At this time, there are no plans to remove any Added Area housing units. However, if any residential units are removed or displaced as a result of Agency participation in a project as defined by Law, the Agency is required to ensure that replacement housing would be provided in accordance with the Law. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA . M.4. MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCil A 2~ J'2- Replacement housing would be located in areas where the City General Plan permits residential use. D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing As discussed in Section E of this Report, the Added Area is projected to generate as much as $40 million in housing fund revenues. These revenues do not include other housing set aside deposits from the Town Centre II, Otay Valley, or Southwest constituent areas that may also be used in the Project Area. The Agency will invest its housing fund resources into a variety of housing programs described in Section A of this Report. At this time, the Agency does not have any specific plans for construction or rehabilitation of any low and moderate-income units in the Added Area. E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households The Agency is required to utilize not less than 20% of its tax increment revenues to finance the rehabilitation, construction, purchase, and mortgage assistance of housing for low and moderate income households, in accordance with the provisions of the Law as it now exists or may hereafter be amended. The Agency will also cooperate with the City to pool funds and resources beyond the tax increment set aside funds if it is determined to be necessary by both bodies in order to improve the City's affordable housing stock. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement Housing Objectives Implementation of the Amended and Restated Redevelopment Plan as it applies to the Added Area, should not cause the Agency to relocate or remove, and thus replace, any Added Area housing. The time frame for rehabilitating units pursuant to the amended and restated Redevelopment Plan will be subject to the availability of housing fund revenues. Rehabilitation activities will be gradually phased over the 30-year duration of the portion of the Amended and Restated Redevelopment Plan applicable to the Added Area. ROSENOW SPEVACEK GROUP. INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - M-5 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCil A 2.-/9.3 A Summary of the Agency's Consultations with Affected Taxing Entities and a Response to Said Entities' Concerns Regarding the Plan According to the San Diego Auditor-Controller's office, the following 9 taxing entities levy taxes within the Added Area: 1) City of Chula Vista 2) San Diego County General Fund 3) Chula Vista Elementary School District 4) National City Elementary School District 5) Sweetwater Union High School District 6) Southwestern Community College District 7) Metropolitan Water District 8) San Diego County Water Authority 9) San Diego County Superintendent of Schools On December 13, 2002, these entities were mailed, via certified mail, the Statement of Preparation of the Redevelopment Plan. To make changes to the proposed Added Area boundaries, revised Statements of Preparation were mailed via certified mail to each of these entities on January 13, 2003, on August 19, 2003, September 4, 2003, and on January 23, 2004. On March 4, 2004, the Preliminary Report and Notice of Joint Public Hearing were transmitted via certified mail to the taxing entities also via certified mail. As a part of each of these transmittals, the Agency offered to consult with the affected taxing entities pursuant to Section 33328 of the Law. To date only two taxing agencies have contacted the Agency regarding the Amendment. One was a representative of the National City Elementary School District, seeking clarification on the scheduled date of the joint public hearing: the ROSENOW SPEVACEK GROUP, INC, MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - N-1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCil /J- 2 -/ 'j I other was a representative from the San Diego County Office of Education stating that agency had no comments on the proposed Amendment. Agency staff will provide the Agency and City Council a verbal summary of any subsequent communications with any affected taxing agencies at the joint public hearing. ROSENOW SPEVACEK GROUP, INC, MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA . N.2. MERGED CHULA VISTA REDEVELOPMENT PROJECT REPORT TO THE CITY COUNCil A2--/'JS- ATTACHMENT 3 Merged Chula Vista Redevelopment Project Amended and Restated Redevelopment Plan March 23, 2004 RedevelopmentAgency of the City of Chula Vista 276 Fourth Avenue Chula VISta, California 91910 Rosenow Spevacek Group, Inc. 217 N. Main Street, Suite 300 Santa Ana, California 92701-4822 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com ;1.3 - / Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Table of Contents SECTION I (100) INTRODUCTION ...........................................1 SECTION" (200) GENERAL DEFINITIONS.............................. 2 SECTION'" (300) PROJECT AREA BOUNDARIES................ 4 SECTION IV (400) REDEVELOPMENT PLAN GOALS................ 4 2004 Amendment Constituent Area............................................................. 4 Otay Valley Constituent Area........................................................................ 5 Original and Amended Southwest Constituent Areas............................... 7 Original and Amended Town Centre II Constituent Area .......................... 8 SECTION V (500) REDEVELOPMENT PLAN ACTIONS ............. 9 (501) General......................................................................................... 9 (502) Property Acquisition................................................................. 10 (505) Participation by Owners and Persons Engaged in Business12 (509) Implementing Rules.................................................................. 14 (510) Cooperation with Public Bodies.............................................. 14 (511) Property Management.............................................................. 15 (512) Payments to Taxing Agencies................................................. 15 (513) Relocation of Persons Displaced by a Project ...................... 15 (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste..................... 16 (521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs......................................................................... 17 (526) Property Disposition and Development .................................19 (534) Low. and Moderate-Income Housing...................................... 23 J:\COMMDElATAPIA\PROJECTS\BIG MtENDMENT\.4MENbED RESTATED REDEVELOPMENT PLAN MERGED AREA ~ FEB 25 04.OQC ,4.3 ~;L. AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT SECTION VI (600) USES PERMITTED IN THE PROJECT AREA23 (601) Maps and Uses Permitted ........................................................ 23 (602) Public Uses................................................................................ 24 (605) Nonconforming Uses................................................................ 24 (606) Interim Uses............................................................................... 25 (607) General Control and Limitations ............................................. 25 (617) Design for Development........................................................... 27 (618) Building Permits........................................................................ 28 SECTION VII (700) METHODS FOR FINANCING THE PROJECT28 (701) General Description ofthe Proposed Financing Methods... 28 (702) Tax Increment Revenue............................................................ 29 (703) Agency Bonds ........................................................................... 30 (704) Other Loans and Grants........................................................... 31 (705) Rehabilitation Loans, Grants, and Rebates............................ 31 SECTION VIII (800) ACTIONS BY THE CITY ........................... 31 SECTION IX (900) ADMINISTRATION AND ENFORCEMENT... 32 SECTION X (1000) PLAN LIMITATIONS.................................. 32 (1001) Amount of Cumulative Tax Increment Revenue........................... 32 (1002) Amount of Bonded Indebtedness Outstanding At Any One Time ............................................................................................ 33 (1003) (1004) (1005) SECTION XI (1100) PROCEDURE OF AMENDMENT ................ 34 Time Frame to Incur Indebtedness ......................................... 33 Duration of This Plan ................................................................ 34 Time Frame to Collect Tax Increment Revenue..................... 34 Exhibit A - Project Area Map................................................... 35 Exhibit B - Legal Description .................................................. 37 /13 -3 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA ViSTA REDEVELOPMENT PROJECT Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects ........................................38 Public Infrastructure Projects..................................................................... 38 Community Facilities................................................................................... 38 Exhibit D - Diagram of Current Permitted Land Uses ............ 39 A.a -c./ Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project SECTION I (100) INTRODUCTION (101) This is the amended and restated Redevelopment Plan for the merged Chula Vista Redevelopment Project ("Plan"), located in the city limits and sphere of influence of the City of Chula Vista, Califomia. It consists of the text (Sections 100 through 1100); the Map of the merged Chula Vista Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed, public facilities and infrastructure improvement projects (Exhibit C), and a diagram of current permitted land uses (Exhibit D). The Project Area consists of six constituent redevelopment project areas: . the Original Town Centre II Redevelopment Project Area (hereinafter defined as the "Original Town Centre II Constituent Area"); . the Amended Town Centre II Constituent Area which consists of an area added to the Original Town Centre II Constituent Area; . the Otay Valley Redevelopment Project Area (hereinafter defined "Otay Valley Constituent Area"); . the Orignial Southwest Redevelopment Project Area (hereinafter defined as the "Original Southwest Constituent Area"); . the Amended Southwest Constituent Area, which consists of, an area added to the Original Southwest Constituent Area. The aforementioned Original Town Centre /I Constituent Area, the Amended Town Centre /I Constituent Are, the Otay Valley Constituent Area, the Original Southwest Constituent Area and the Amended Southwest Constituent Area were previously merged on August 22, 2000 by Ordinance Nos. 2817, 2818 and 2819, and are hereinafter referred to collectively as the "Merged Chula Vista Redevelopment Project Area" and amended on January 13,2004 by Ordinance No. 2947 and February 3,2004 by Ordinance NO.2949. . The 2004 Amendment Constituent Area, which consists of, an area added to the Merged Chula Vista Redevelopment Project Area by Ordinance No. _ adopted on ROSENOW SPEVACEK GROUP, INC. A.3 -s PAGE 1 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT This Plan has been prepared by the Redevelopment Agency of the City of Chula Vista, California ("Agency") pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000, et sea.), the California Constitution and all applicable laws and ordinances. This Plan provides the Agency with powers, duties and obligations to implement the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the Project Area. This Plan does not present a specific plan or establish priorities for specific projects for the redevelopment, rehabilitation, and revitalization of any particular area within the Project Area. Instead, this Plan presents a process and a basic framework within which specific development plans will be presented, priorities for 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. Many of the requirements contained in this Plan are necessitated by and in accordance with statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions may be changed from time to time. In the event that any such statutory changes affect this Plan's terms, and would be applicable to the Agency, the Project Area, or this Plan, the terms of this Plan that are so affected shall be automatically superseded by such statutory changes, to the extent necessary to be in conformity with such statutory changes (and all other terms of the Plan shall remain in full force and effect). SECTION" (200) GENERAL DEFINITIONS The following definitions will be used generally in the context of this Plan unless otherwise specified herein: A. "Agency" means the Redevelopment Agency of the City of Chula Vista, California. B. "Annual Work Program" means that portion of the Agency's annual budget that sets forth programs and goals to be accomplished by the Agency during the fiscal year. C. "City" means the City of Chula Vista, California. D. "City Council" means the legislative body of the City. E. "County" means the County of San Diego, California. F. "Disposition and Development Agreemenf' means an agreement between a developer and the Agency that sets forth terms and conditions for improvement and redevelopment. ROSENOW SPEVACEK GROUP, INC, A .a _ ~ PAGE 2 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT G. "General Plan" means the General Plan of the City, the comprehensive and long-term general plan for the physical development of the City, as it exists today or is hereafter amended. H. "Legal Description" means the metes and bounds legal description of the Project Area attached hereto as Exhibit B. I. "Map" means the map of the Project Area attached hereto as Exhibit A. J. "Method of Relocation" means the methods or plans adopted by the Agency pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the relocation of families, persons and businesses to be temporarily or permanently displaced by actions of the Agency. K. "Owner" means any person owning fee title to, or a long-term leasehold interest in real property within the Project Area. L. "Owner Participation Agreement" means an agreement between the Agency and an Owner, which sets forth terms and conditions for use of property, and/or its improvement and/or its redevelopment as to a specific property. M. "Participant" means an Owner who has entered into a Participation Agreement with the Agency. N. "Person" means an individual(s), or any public or private entities. O. "Plan" means this amended and restated Redevelopment Plan for the Merged Redevelopment Project, as amended by Ordinance No. 2947 on January 13, 2004 and Ordinance No. 2949 on February 3, 2004. P. "Project" means the Merged Redevelopment Project. Q. "Project Area" means the Merged Redevelopment Project Area, which is the territory this Plan applies to, as shown on Exhibit A. R. "2004 Amendment Constituent Area" . means the territoryadded<to the Project Area by Ordinance No. _adopted on S. "Otay Valley Constituent Area" means the Otay Valley Redevelopment Project established on December 29, 1983 by Ordinance No. 2059, and amended by Ordinance No. 2611 on November 8, 1994, and Ordinance No. 2818 on August 22, 2000. T. "Amended Southwest Constituent Area" means the territory added to the Original Southwest Constituent Area by Ordinance No. 2467 on July 9, 1991. U. "Original Southwest Constituent Area" means the Southwest Redevelopment Project established on November 27, 1990 by Ordinance ROSENOW SPEVACEK GROUP, INC. ,A.3 - 7 PAGE 3 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT No. 2420 and amended by Ordinance 2612 on November 6, 1994, and Ordinance 2819 on August 22,2000. V. "Amended Town Centre II Constituent Area" means the territory added to the Original Town Centre II Constituent Area by Ordinance No. 2274 on July 19, 1988. W. "Original Town Centre II Constituent Area" means the Town Centre Redevelopment Project established on August 15, 1978 by Ordinance No. 1827 and amended by Ordinance No. 2207 on May 19, 1987, Ordinance No. 2610 on November 8, 1994, and Ordinance No. 2817 on August 22, 2000. X. "Redevelopment Law" means the California Community Redevelopment Law (Health and Safety Code, Sections 33000, et sea.) as it now exists or may be hereafter amended. Y. "State" means the State of Califomia. Z. "State Law" means an enactment of State of Califomia, and includes such regulations as have the force of law. SECTION III (300) PROJECT AREA BOUNDARIES The boundaries of the Project Area are illustrated on the map attached hereto and incorporated herein as Exhibit A. The legal description of the boundaries of the Project Area is as described in Exhibit B attached hereto and incorporated herein. SECTION IV (400) REDEVELOPMENT PLAN GOALS This Plan is intended to achieve the following goals: 2004 Amendment Constituent Area . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with this Plan and future Annual Work Programs. . Provide for the enhancement and renovation of businesses within the Project Area to promote their economic viability. . Stimulate investment of the private sector in the full development of the Project Area. . Promote public improvement facilities, which are sensitive to the unique environment qualities of the Project Area. ROSENOW SPEVACEK GROUP, iNC. 11,g -1 PAGE 4 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Provide adequate roadways to correct street alignment problems, to provide adequate circulation and access to freeways. . Encourage cooperation and participation of property owners, business persons, public agencies and community organizations in the revitalization of the Project Area. . Provide needed improvements to the community's recreational, cultural, and other community facilities to better serve the Project Area. . Expand the resource of developable land by making underutilized land available for development. . Renovate and restore sites characterized by deficiencies including, but without limitations, conditions of soil which render private development infeasible or impractical. . Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. . Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and piecemeal planning practices . Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. otay Valley Constituent Area . Eliminate existing blighted conditions, be they properties or structures, and the prevention of recurring blight in and about the Project Area. . Develop property within a coordinated land use pattern of commercial, industrial, recreational, and public facilities in the Project Area consistent with the goals, policies, objectives, standards, guidelines and requirements as set forth in the City's and County's adopted General Plan and Zoning Ordinance. . Develop public services and facilities including, but not limited to recreational, maintenance, and operational services and facilities as are necessary and required for the development of the Project Area. . Eliminate environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services; and mitigation of highway impacts, including its circulation, movement and its potential social, physical, and environmental characteristics of blight. ROSENOW SPEVACEK GROUP, INC. /1.3 - 9 PAGE 5 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Develop a more efficient and effective circulation corridor system free from hazardous vehicular, pedestrian, and bicycle interfaces. . Implement techniques to mitigate blight characteristics resulting from exposure to highway and public right-of-way corridor activity and affecting adjacent properties within the Project Area. . Eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. . Encourage, promote, and assist in the development and expansion of local commerce and need commercial and industrial facilities, increasing local employment prosperity, and improving the economic climate within the Project Area, and the various other isolated vacant and/or undeveloped properties within the Project Area. . Acquisition, assemble, and/or dispose of sites of usable and marketable sizes and shapes for residential, open space, recreational and Project public facility development within the Project Area. . Create a more cohesive and unified community by strengthening the physical, social, and economic ties between residential, commercial, industrial, and recreational land uses within the community and the Project Area. . Acquisition and dispose of property for the purpose of providing relocation housing, as may be required, to implement the objectives of this Plan. . Provide for affordable housing availability as required by County, Region, or State law and requirements, as necessary and desirable, consistent with the goals and objectives of the community. . Encourage the coordination, cooperation, and assistance of other local agencies, as may deem necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent. . Achieve a physical environment reflecting a high level of concern of architectural and urban design principals deemed important by the community. . Encourage community involvement and citizen participation in the adoption of policies, programs, and projects so as to ensure that the Redevelopment Plan is implemented in accordance with the objectives and goals of the General Plan, . Provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community. ROSENOW SPEVACEK GROUP, iNC, 11.3-/0 PAGE 6 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Original and Amended Southwest Constituent Areas . Create physical buffers, which ameliorate the adverse effects of changing land uses along interfaces. . Discourage "spot zoning" and piecemeal planning practices. . Encourage the establishment and maintenance of "balanced neighborhoods" and subareas, characterized by a planned diversity in building sites, density, housing and land use. . Provide adequate roadways to correct street alignment problems, to eliminate road hazards and to provide adequate access to freeways. . Eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the Project Area in accordance with the Redevelopment Plan and future Annual Work Programs. . Promote planned light industrial development with the Main Street Corridor. . Encourage tourism, including the development of high-quality hotels, motels, restaurants, and meeting facilities. . Provide enhancement and renovation of businesses within the Project Area to promote their economic viability. . Encourage cooperation and participation of residents, business persons, public agencies and community organizations in the revitalization of the Project Area. . Stimulate investment of the private sector in the full development of the Project Area. . Provide needed improvements to the community's educational, cultural, residential and other community facilities to better serve the Project Area. . Promote public improvement facilities, which are sensitive to the unique environmental qualities of the Project Area. . Establish a program, which promotes the rehabilitation of the existing housing stock where appropriate. . Remove impediments to land assembly and development through aCQuisition and reparcelization of land into reasonably sized and shaped parcels served by an improved street system and improved public facilities. . Expand the resource of developable land by making underutilized land available for development. ROSENOW SPEVACEK GROUP, INC, A..3 _ I ( PAGE 7 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Alleviate certain environmental deficiencies including substandard vehicular and pedestrian circulation systems, insufficient off-street parking and other similar public improvements. . Provide improvements of local drainage conditions that constrain the development of various parcels in the Project Area, the cost of which cannot be bome by private enterprise acting alone. . Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of the Redevelopment Plan. . Provide low and moderate income housing as is required to satisfy the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements of State Law. . Develop safeguards against noise and pollution to enhance the industrial/commercial community. . To the extent possible, for all redevelopment projects undertaken under this Plan, preference in hiring for jobs created by these redevelopment actions should be given to Chula Vista residents. Original and Amended Town Centre II Constituent Area . Eliminate blighting influences, including incompatible land uses, obsolete structures, inadequate parking facilities, unsightly or unattractive signage and graphics, and inadequate landscape and townscape planning. . Eliminate environmental, economic, social, platting, and physical deficiencies. . Strengthen the mercantile posture of Town Centre II, and the improvement of retail trade therein. . Renew Town Centre II's physical plant and the improvement of its land use patterns and spatial relationships. . Retain and expand viable land uses, commercial enterprises, and public facilities within the area. . Attract capital and new business enterprises to the project area. . Promote comprehensive beautification of the area, including its buildings, open space, streetscape, street furniture, graphics, and signage. . Protect peripheral residential enjoyment and land use integrity. ROSENOW SPEVACEK GROUP, INC. A ~ - I 2- PAGE 8 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT . Accommodate future local and regional mass transit and related facilities; improvement of off-street parking areas and provision for a mini-transit intra- project system. . Establish design standards to assure desirable site design and environmental quality. . Foster cooperation between the Town Centre II Constituent Areas and the Town Centre I Redevelopment Project Area and the protection of the goals, objectives, and economic resurgence of the latter. SECTION V (500) REDEVELOPMENT PLAN ACTIONS (501) General The Agency proposes to alleviate and prevent the spread of blight and deterioration in the Project Area through: 1. The acquisition, installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities, buildings, structures, parks, playgrounds, and other public improvements. 2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and improvements. 3. The rehabilitation, development, preservation, provision, or construction of affordable housing in compliance with State Law. 4. Providing the opportunity for participation by owners and tenants presently located in the Project Area and the extension of preferences to persons engaged in business desiring to remain or relocate within the redeveloped Project Area. 5. Providing relocation assistance to displaced occupants in accordance with applicable State Law. 6. The development or redevelopment of land by private enterprise or public agencies for purposes and uses consistent with the objectives of this Plan. 7. The acquisition of real property, personal property, any interest in property, and improvements on the property by purchase, lease, option, grant, bequest, gift, devise, or any other lawful means, or, where it is deemed necessary, by exercising the power of eminent domain, as permitted by Section 503 of this Plan, after conducting appropriate public hearings and making appropriate findings. ROSENOW SPEVACEK GROUP, INC. A 3 _ 13 PAGE g AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 8. Site preparation and development and construction of necessary off-site improvements. 9. Improving open space. 10. Managing property acquired by the Agency. 11. Providing financing for the assistance of commercial and industrial development that increases the economic base of both the Project Area and the City, and the number of temporary and permanent jobs. 12. The disposition of real property, personal property, any interest in property, and improvements on the property through methods such as sale, lease, exchange, subdivision, transfer, assignment, pledge, encumbrance or any other lawful means of disposition. 13. Recommending standards to ensure that property will continue to be used in accordance with this Plan. 14. The closure or vacation of certain streets and the dedication of other areas for public purposes. 15. Providing replacement housing, as required. 16. Applying for, receiving and utilizing grants and loans from federal or state governments or any other source. 17. Clearing or moving buildings, structures or other improvements from any real property acquired by the Agency. To accomplish these actions and to implement this Plan, the Agency is authorized to use the powers provided in this Plan, and the powers now or hereafter permitted by the Redevelopment Law and any other State law. (502) Property Acquisition 1. (503) ACQuisition of Real Property The Agency may acquire real property by any means authorized by law, including by purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, exchange, cooperative negotiations, or eminent domain. The following limitations shall apply to the Agency's eminent domain authority in the Project Area: a. Within the Oriqinal and Amended Southwest Constituent Areas, no eminent domain acquisition shall be commenced after November 19, 2014, unless ROSENOW SPEVACEK GROUP, INC. ,A .3 - ('1 PAGE 10 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT extended by amendment of this Plan. Eminent domain shall not be used to acquire any property used for residential purposes located within areas zoned or otherwise designated for such residential purpose under adopted Specific and/or General Plans of the City, as they may hereafter be amended by the City. Notwithstanding the foregoing, eminent domain may not be commenced on any properties on Jacqua Street prior to the completion of the City's General Plan update initiated in 2002. b. Within the Otay Valley Road Constituent Area, no eminent domain acquisition shall be commenced after 2015, unless extended by amendment of this Plan. c. Within the Oriqinal and Amended Town Centre II and 2004 Amendment Constituent Areas, no eminent domain acquisition shall be commenced after ~ 2015, unless extended by amendment of this Plan. Eminent domain shall not be used to acquire any property used for residential purposes located within areas zoned or otherwise designated for such purpose under adopted Specific and/or General Plans of the City, as they may be hereafter amended by the City. d. Eminent domain may not be used to acquire property owned by a public body without the consent of that public body. e. To the extent required by law, 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: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (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 standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of this Plan and applicable provisions of the Redevelopment Law. 2. (504) Acquisition of Personal Property. Any Other Interest in Real Prooerty. or Any Improvements in Real Prooerty Where necessary in the implementation of this Plan, the Agency is authorized to acquire personal property, any other interest in real property and any improvements on real property including ROSENOW SPEVACEK GROUP, INC. 11.3 -I'S PAGE 11 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT repurchase of developed property previously owned by the Agency by any lawful means. (505) Participation by Owners and Persons Engaged in Business 1. (506) Owner Participation This Plan provides for opportunities for participation in the redevelopment of property in the Project Area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with this Plan. Participation methods include: (i) remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency or joining with another person or entity for the rehabilitation or development of the Owner's property and, if appropriate, other property, or (ii) submitting to the Agency for its consideration another method of participation proposal pursuant to these Rules. An Owner who participates in the same location may be required, among other actions, to rehabilitate or demolish all or a part of his/her existing buildings. The Agency may also acquire the buildings only and then remove or demolish the buildings. Participation methods also include but are not limited to the Agency buying land and improvements at fair market value from Owners and offering other parcels for purchase and rehabilitation or development by such Owners, or offering an opportunity for such Owners to rehabilitate or develop property jointly with other persons or entities. Owner Participation opportunities shall be subject to and limited by factors and requirements including: a. The Participant(s) must demonstrate to the satisfaction of the Agency that the Participant is financially capable and has the qualifications and experience to perform any and all development, construction, modification, rehabilitation, modernization, construction, land assembly, and/or acquisition of the subject property or properties in order that it will conform to the Plan, any specific plan or design guide, applicable zoning, building, and safety laws and regulations, and the redevelopment proposal, if any, contemplated by the Agency with respect to the subject property. b. The Participant's proposed improvements and/or redevelopment conform or will conform to: the goals and objectives established by the Agency; the Plan; any applicable specific plan or design guide; applicable zoning, building and safety laws and regulations; and ROSENOW SPEVACEK GROUP, INC. /I~-I(P PAGE 12 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT the redevelopment proposal for the development site approved by the Agency. c. The Agency retains its authority to determine in its sole discretion whether the Participant's(s') proposed development conforms to and furthers the goals and objectives of the Plan and any specific redevelopment proposals on the basis of all the facts and circumstances pertaining to the Participant's proposed development. d. The Agency shall consider whether the proposed owner participant development necessitates that the Participant and/or the Agency shall remove, relocate and/or install public utilities and public facilities determined necessary by the Agency for the proposed development. e. Consideration of the elimination and/or change of land uses, particularly nonconforming land uses as specified in City codes. f. The Agency shall consider the need to realign, abandon, vacate, widen, or open public rights-of-way and the indirect effects of such acts. g. Consideration of any reduction in the total number of individual parcels in the Project Area. h. Consideration of whether the proposal involves land assembly and development of areas for public and/or private development in accordance with the Plan. 2. (507) Reentrv Preferences for Persons Enqaqed in Business in the Proiect Area The Agency shall extend reasonable preferences to persons who are engaged in business in the Project Area to relocate and reenter in business in the redeveloped area, if they otherwise meet the requirements prescribed by this Plan and the Agency's rules governing owner participation and re-entry. 3. (508) Owner Participation Aqreements Under an Owner Participation Agreement, the participant shall agree to rehabilitate, develop, or use the property in conformance with this Plan and be subject to the provisions hereof. In the Owner Participation Agreement, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties. ROSENOW SPEVACEK GROUP. INC. 11.3 -11 PAGE 13 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Owner Participation Agreements shall include appropriate remedies such as the ability of the Agency to declare the Owner Participation Agreement terminated and acquire the real property or any interest therein, and sell or lease such real property or interest therein for rehabilitation or development in accordance with this Plan in the event a participant breaches the terms of such Owner Participation Agreement. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences to persons who are engaged in business in the Project Area re-entering in business within the redeveloped area if they otherwise meet the requirements prescribed by the Plan. Where the Agency determines that a proposal for participation is not feasible, is not in the best interests of the Agency or City or that redevelopment can best be accomplished without affording a participant an opportunity to execute an Owner Participation Agreement, the Agency shall not be required to execute an Owner Participation Agreement. (509) Implementing Rules The provisions of Sections 505 through 508 of this Plan shall be implemented according to the rules adopted by the Agency prior to the approval of the Ordinance, which may be amended from time to time by the Agency. Such rules allow for Owner Participation Agreements with the Agency. (510) Cooperation with Public Bodies Certain public bodies are authorized by State Law to aid and cooperate, with or without consideration, in the planning and implementation of activities authorized by this Plan. The Agency shall seek-the aid and cooperation of such public bodies and shall attempt to coordinate the implementation of this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and to achieve the highest public good. Property of a public body shall not be acquired without its consent in accordance with State Law. The Agency shall seek the cooperation of all public bodies, which own or intend to acquire property in the Project Area. The Agency may impose on all public bodies the planning and design controls contained in and authorized by this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan. The Agency is authorized, to the extent permissible by law, to financially (and otherwise) assist public bodies in the cost of public land, buildings, facilities, structures or other ROSENOW SPEVACEK GROUP, INC. A..3 - Ig' PAGE 14 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT improvements (within or outside the Project Area) where such land, buildings, facilities, structures, or other improvements are of benefit to the Project Area. (511) Property 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 properties may be rented or leased by the Agency pending their disposition. (512) Payments to Taxing Agencies The Agency may pay, but is not required to pay, in any year during which it owns property in the Project Area directly to any City, County or 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 tax exempt, an amount of money in lieu of taxes. In addition, to the extent required by State Law, the Agency shall remit payments to the affected taxing agencies in a manner consistent with Section 33607.5, Section 33676(b), and any other pertinent and applicable sections of the Redevelopment Law. All such amounts shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted from the total amount of tax increment funds received by the Agency in the applicable fiscal year. Such payments shall be reduced in accordance with the provisions of Section 33607.5 of the Redevelopment Law or any other applicable statute. Such payments shall be the exclusive payments that are required to be made by the Agency to affected taxing entities for the duration of this Plan. Such payments may be subordinated to loans, bonds, or other Agency indebtedness as provided by the Redevelopment Law. The Agency may also pay to any affected taxing agency any amounts of money, which the Agency has found, are necessary and appropriate to alleviate financial burden or detriment caused by the Project pursuant to an agreement executed prior to January 1, 1994. (513) Relocation of Persons Displaced by a Project 1. (514) Relocation Proaram In accordance with the provisions of the Califomia Relocation Assistance Law (Government Code Section 7260, et sea.) ("Relocation Assistance Act"), the Relocation Assistance and Real Property Acquisition Guidelines adopted and promulgated by the California Department of Housing and Community Development ("Relocation Guidelines") and the the Agency shall provide ROSENOW SPEVACEK GROUP, INC, /1.3-1' PAGE 15 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT relocation benefits and assistance to all "displaced" persons (including families, business concerns, and others) as may be required by law. Such relocation assistance shall be provided in the manner required by the Method of Relocation. 2. (515) Relocation Benefits and Assistance The Agency shall provide all relocation benefits required by law and in conformance with the Method of Relocation, Relocation Guidelines, Relocation Assistance Act, the Redevelopment Law, and any other applicable rules and regulations. (516) Demolition, Clearance, Public Improvements, Site Preparation and Removal of Hazardous Waste 1. (517) Demolition and Clearance The Agency is authorized, for property aCQuired by the Agency or pursuant to an agreement with the owner of property, to demolish, clear or move buildings, structures, or other improvements from any real property as necessary to carry out the purposes of this Plan. 2. (518) Public Improvements To the greatest extent permitted by law, the Agency is authorized to install and construct, or to cause to be installed and constructed, the public improvements and public utilities (within or outside the Project Area) necessary to carry out the purposes of this Plan. Specifically, the Agency may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Exhibit C, attached hereto, and may aCQuire or pay for land required therefore. Additionally, 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 facilities, including, but not limited to: over or underpasses; bridges; streets; bikeways; curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals; electrical distribution systems; natural gas distribution systems; wastewater treatment facilities; cable TV and fiber optic communication systems; water distribution systems; parks; windbreaks; trails; plazas; playgrounds; motor vehicle parking facilities; landscaped areas; schools; civic, cultural and recreational facilities; camping facilities; and pedestrian improvements. The public facilities and infrastructure improvement projects that may be undertaken by the Agency pursuant to this Plan are identified in the General Plan, and capital improvement program, incorporated herein by reference. ROSENOW SPEVACEK GROUP, INC. 1/ 3 ~,).. 0 PAGE 16 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT The Agency, as it deems necessary to carry out the Plan and subject to the consent of the City Council, as may be required by the Redevelopment Law, may pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement which is publicly owned either within or outside the Project Area, upon both the Agency and the City Council making the applicable detenninations required pursuant to the Redevelopment Law. When the value of such land or the cost of the installation and construction of such building, facility, structure or other improvement, or both, has been, or will be, paid or provided for initially by the City or other public corporation, the Agency may enter into a contract with the City or other public corporation under which it agrees to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building, facility, structure or other improvements, or both, by periodic payments over a period of years. Any obligation of the Agency under such contract shall constitute an indebtedness of the Agency for the purposes of carrying out this Plan. 3. (519) Preparation of Buildinq Sites Any real property owned or aCQuired by the Agency may be developed as a building site. In connection with such development it may cause, provide, or undertake or make provisions with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out this Plan. 4. (520) Removal of Hazardous Waste To the extent legally allowable, the Agency may, in its sole discretion, take any actions, which the Agency detennines are necessary, and which are consistent with other State and federal laws, to remedy or remove a release of hazardous substances on, under, or from property within the Project Area. (521) Rehabilitation, Moving of Sbuctures by the Agency and Seismic Repairs 1. (522) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any property, building or structure owned by the Agency. The Agency is also authorized to advise, encourage, and assist (through a loan program or otherwise) in the rehabilitation and conservation of property, buildings or structures in the Project Area not owned by the Agency to the extent pennitted by the Redevelopment Law. The ROSENOW SPEVACEK GROUP, INC. /1.3. -ell , PAGE1? AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT Agency is authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. The Agency is authorized to conduct a program of assistance and enforcement to encourage owners of property within the Project Area to upgrade and maintain their property consistent with this Plan and such standards as may be developed for the Project Area. The extent of rehabilitation in the Project Area shall be subject to the discretion of the Agency based upon such objective factors as: a. Compatibility of rehabilitation with land uses as provided for in this Plan. b. Economic feasibility of proposed rehabilitation and conservation activity. c. Structural feasibility of proposed rehabilitation and conservational activity. d. The undertaking of rehabilitation and conservation activities in an expeditious manner and in conformance with the requirements of this Plan and such property rehabilitation standards as may be adopted by the Agency. e. The need for expansion of public improvements, facilities and utilities. f. The assembly and development of properties in accordance with this Plan. The Agency may adopt property rehabilitation standards for the rehabilitation of properties in the Project Area. 2. (523) Clearina or Movina Structures As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any building structures or other improvements from any real property acquired. 3. (524) Seismic Repairs For any project undertaken by the Agency within the Project Area for building rehabilitation or alteration in construction, the Agency may, by following all applicable procedures which are consistent with local, State, and federal law, take those actions which the Agency determines are necessary to provide for seismic retrofits. ROSENOW SPEVACEK GROUP, INC. ,11.3 -~d. PAGE 18 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 4. (525) Graffiti Removal Within the Project Area, the Agency after making the required findings may take any actions that it determines are necessary to remove graffiti from public or private property. (526) Property Disposition and Development 1. (527) Real Propertv Disposition and Development a. (528) General For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, 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 or sale without public bidding after a noticed public hearing. Except as otherwise permitted by law, before any interest in property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to this Plan, such sale or lease shall be first approved by the City Council by resolution after a noticed public hearing, together with such findings as may then be required by State Law. The real property acquired by the Agency in the Project Area, except property conveyed by it to the City or any other public body, shall be sold or leased to public or private persons or entities for improvement and use of the property in conformance with this Plan. Real property may be conveyed by the Agency to the City, and where beneficial to the Project Area, to any other public body without charge or for an amount less than fair market value. All purchasers or lessees of property from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete improvement of such property within a period of time which the Agency fixes as reasonable, and to comply with other covenants, conditions, or restrictions to prevent speculation or excess profit taking in undeveloped land, including right of reverter to the Agency and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. ROSENOW SPEVACEK GROUP, INC. A.3 -~3 PAGE 19 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT During the period of redevelopment in the Project Area, the Agency shall ensure that all provisions of this Plan, and other documents formulated pursuant to this Plan, are being observed, and that development of the Project Area is proceeding in accordance with applicable development documents and time schedules. All development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. Such development must receive the approval of all appropriate public agencies. b. (529) Purchase and Development Documents 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 otherwise disposed of by the Agency, as well as all property subject to Owner Participation Agreements and Disposition and Development Agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended, conditional use permits, or other means. Where appropriate, as determined by the Agency, such documents or portions thereof shall be recorded in the office of the Recorder of the County. 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. The Agency shall reserve such powers and controls in Disposition and Development Agreements or similar agreements as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that redevelopment is carried out pursuant to this Plan. The Agency shall obligate lessees and purchasers of real property acquired in the Project Area and owners of property improved as part of a redevelopment project to ROSENOW SPEVACEK GROUP, INC. ;13-<<-1 PAGE 20 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT refrain from restricting the rental, sale or lease of the property on the basis of race, color, religion, sex, marital status, ancestry, or national origin of any person. All deeds, leases, or contracts for the sale, lease, sublease or other transfer of land in the Project Area shall contain or be subject to such nondiscrimination and non- segregation clauses as are required by Redevelopment Law. 2. (530) Personal Propertv Disposition For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal property or any other interest in property by any lawful means. 3. (531) Prevention of Discrimination a. (532) Redevelopment The redeveloper shall comply with all state and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, color, creed, religion, sex, marital status, national origin or ancestry, in the sale, lease or occupancy of the property. Pursuant to the Redevelopment Law (Sections 33337 and 33435-33436), contracts entered into by the Agency relating to the sale, transfer or leasing of land, or any interest therein acquired by the Agency within any survey area or redevelopment project, shall comply with the provisions of said sections in substantially the form set forth therein. All such contracts shall further provide that the provisions of said sections shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. b. (533) Deeds. Leases. and Contracts All deeds, leases, and contracts which the Agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any land in the Project Area shall contain the following nondiscrimination and non-segregation clauses as prescribed by Redevelopment Law, Section 33436: In deeds the following language shall appear: ROSENOW SPEVACEK GROUP, INC, ,A.3 -~S- PAGE 21 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." In leases, the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." In contracts, the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself ROSENOW SPEVACEK GROUP. INC. .A .3. - c1. (., PAGE 22 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. The foregoing provision shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument." (534) Low- and Moderate-Income Housing The Agency shall comply with all of the low- and moderate-income housing requirements of the Redevelopment Law, which are applicable to this Plan, including applicable expenditure, replacement, and inclusionary housing requirements, including but not limited to the following: No less than twenty percent of all tax increment funds allocated to the Agency shall be used for the purposes of increasing, improving, and preserving the supply of low- and moderate-income housing available at affordable housing costs to persons and families of low or moderate income and very low income households that is occupied by these persons and families, unless the Agency makes annual findings by resolution as required under Redevelopment Law. The tax increment funds that are required to be used for increasing and improving the supply of low- and moderate-income housing shall be held in a separate Low and Moderate-Income Housing Fund until used. The moneys in the Low and Moderate-Income Housing Fund shall be used to increase, improve, and preserve the supply of low- and moderate-income housing. Whenever dwelling units housing persons and families of low or moderate-income are destroyed or removed from the low- and moderate- income housing market as part of a redevelopment project, the Agency shall within four years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate- income an equal number of replacement dwelling units at affordable housing costs within the Project Area or within the jurisdiction of the Agency in accordance with Redevelopment Law." SECTION VI (600) USES PERMITTED IN THE PROJECT AREA (601) Maps and Uses Pennitted The Map attached hereto as Exhibit A and incorporated herein illustrates the location of the Project Area boundaries. The land uses permitted by this Plan shall be those permitted by the General Plan and zoning ROSENOW SPEVACEK GROUP, INC. A.3-~, PAGE 23 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. A diagram of current permitted uses is presented on Exhibit D. (602) Public Uses 1. (603) Public Street Lavout. Riqhts-of-Wav and Easements The public street system and street layout for the Project Area is illustrated on the Map identified as Exhibit A. The street system in the Project Area shall be developed in accordance with the General Plan, and all other state and local codes, guidelines, or master or specific plans as they now exist or are hereafter amended. Certain streets and rights-of-way may be widened, altered, realigned, abandoned, vacated, or closed by the City as necessary for proper development of the Project Area. Additional easements may be created by the Agency and City in the Project Area as needed for proper development and circulation. The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian traffic as well as for public improvements, public and private utilities and activities typically found in public rights-of-way. In addition, all necessary easements for public uses, public facilities, and public utilities may be retained or created. 2. (604) Other Public and Ooen Space Uses Both within and, where an appropriate finding has been determined, outside of the Project Area, the Agency may take actions to establish, or enlarge public, institutional, or non-profit uses, including, but not limited to, schools, community centers, auditorium and civic center facilities, theatres and cultural facilities, criminal justice facilities, park and recreational facilities, parking facilities, transit facilities, libraries, hospitals, educational, fratemal, philanthropic and charitable institutions or other similar associations or organizations. All such uses shall be deemed to conform to the provisions of this Plan provided that such uses conform to all other applicable laws and ordinances and that such uses are approved by the City. The Agency may impose such other reasonable restrictions as are necessary to protect development and uses in the Project Area. (605) Nonconfonning Uses The Agency is authorized but not required to permit an existing use to remain in an existing building in good condition if the use does not conform to the provisions of this Plan, provided that such use is generally ROSENOW SPEVACEK GROUP, INC, A .3 -..7.8 PAGE 24 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT compatible with existing and proposed developments and uses in the Project Area. The Agency may take actions to, but is not required to, authorize additions, alterations, repairs or other improvements in the Project Area for buildings which do not conform to the provisions of this Plan where, in the determination of the Agency, such improvements would be compatible with surrounding Project Area uses and proposed development. (606) 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. Such interim use, however, shall conform to General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. (607) General Control and Limitations All real property in the Project Area is hereby made subject to the controls and requirements of this Plan. No real property shall be subdivided, developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and the regulations and requirements of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. The land use controls of this Plan shall apply for the periods set forth in Section 1000 below. The type, size, height, number and use of buildings within the Project Area will be controlled by the General Plan and applicable zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. 1. (608) New Construction All construction in the Project Area shall comply with all applicable State and local laws in effect from time to time. In addition to the City land use regulations and requirements in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct improvement activities in the Project Area. 2. (609) Rehabilitation Any existing structure within the Project Area which the Agency enters into an agreement for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in accordance with the applicable law and in such a manner that it will meet the ROSENOW SPEVACEK GROUP, INC. ,A .3 -.2... ~ PAGE 25 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT following requirements: be safe and sound in all physical respects, be attractive in appearance and not detrimental to the surrounding uses. 3. (610) Number of Dwellina Units The General Plan shall regulate the total number of dwelling units in the Project Area. As of the date of adoption of this Plan, there are approximately one thousand nine hundred (1,900) dwelling units in the Project Area. 4. (611) Open Space and Landscapina The approximate amount of open space to be provided in the Project Area is the total of all areas so designated in the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended, and those areas in the public rights-of-way or provided through site coverage limitations on new development as established by the City and this Plan. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material in conformance with the standards of the City. 5. (612) Limitations on Type. Size. Heiaht Number and Proposed Use of Buildinas The limits on building intensity, type, size, height, number and proposed use shall be established in accordance with the provisions of the General Plan and zoning ordinance, and all other state and local building codes, guidelines, or master or specific plans as they now exist or are hereafter amended. 6. (613) Sians All signs shall conform to the requirements of the City. Design of all proposed new signs shall be subject to the review of the City and any additional standards that may be adopted by the Agency to implement the goals of this Plan. 7. (614) Utilities The Agency, in conformity with the City municipal code, and City policies, shall require that all utilities be placed underground whenever physically possible and economically feasible. 8. (615) Subdivision of Parcels No parcels in the Project Area, including any parcel retained by a participant, shall be consolidated, subdivided or re-subdivided without the approval of the City. ROSENOW SPEVACEK GROUP, INC. A .3 -.3..0 PAGE 26 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 9. (616) Variations The Agency is authorized to permit variations from the limits, restrictions and controls established by this Plan. In order to permit any such variation, the Agency must determine all of the following: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of this Plan. b. 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. c. Permitting a variation will not be materially detrimental to the pUblic welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted 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 health, safety, and welfare, and to assure compliance with the purposes of this Plan. (617) Design for Development 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 good design, open space and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan except as permitted by Section 616 of this Plan. Within the limits, restrictions, and controls established in this Plan, and subject to the provisions of Sections 601 and 607 herein, the Agency is authorized to establish land use, heights of buildings, land coverage, setback requirements, design criteria, 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 approved by the Agency. ROSENOW SPEVACEK GROUP, INC. /1.3-.31 PAGE 27 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT In the case of property, which is the subject of a Disposition and Development Agreement or an Owner Participation Agreement with the Agency, such property shall be developed in accordance with the provisions of such Agreement. (618) Building Pennits Any building permit that is issued for the rehabilitation or construction of any new building or any addition, construction, moving, conversion or alteration to an existing building in the Project Area from the date of adoption of this Plan must be in conformance with the provisions of this Plan, any design for development adopted by the Agency, any restrictions or controls established by resolution of the Agency, and any applicable participation or other agreements. SECTION VII (700) METHODS FOR FINANCING THE PROJECT (701) General Description of the Proposed Financing Methods Upon adoption of this Plan by the City Council, the Agency is authorized to finance implementation of this Plan with assistance from local sources, the State and/or the federal government, property tax increment, interest income, Agency bonds, donations, loans from private financial institutions or any other legally available source. The Agency is also authorized to obtain advances, borrow funds, issue bonds or other obligations, and create indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be paid from tax increment revenue or any other funds available to the Agency. Advances and loans for survey and planning and for the operating capital for administration of this Plan may be provided by the City until adequate tax increment revenue or other funds are available to repay the advances and loans. The City or other public agency, as it is able, may also supply additional assistance through issuance of bonds, loans and grants and in- kind assistance. Any assistance shall be subject to terms established by an agreement between the Agency, City and/or other public agency providing such assistance. The Agency may issue bonds or other obligations and expend their proceeds to carry out this Plan. The Agency is authorized to issue bonds or other obligations as appropriate and feasible in an amount sufficient to finance all or any part of Plan implementation activities. The Agency shall pay the principal and interest on bonds or other obligations of the Agency as they become due and payable. ROSENOW SPEVACEK GROUP, INC. ~3 -3.;1.. PAGE 28 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (702) Tax Increment Revenue For the purposes of the collection of property tax revenue pursuant to this Plan, the effective date of the ordinance shall mean and refer to: . Original Town Centre II Constituent Area established by Ordinance No. 1827: September 14, 1978. . Otay Valley Constituent Area established by Ordinance No. 2059: January 28, 1984. . Amended Town Centre II Constituent Area established by Ordinance No. 2274: August 18, 1988. . Original Southwest Constituent Area established by Ordinance No. 2420: December 27, 1990. . Amended Southwest Constituent Area established by Ordinance No. 2467: August 8,1991. . 2004 Amendment Constituent Area established by Ordinance No. All taxes levied upon taxable property within the Project Area each year by or for the benefit of the State, County, City, district, or other public corporation (hereinafter called "Taxing Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided as follows: 1. 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 Area 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 the ordinance, shall be allocated to and when collected shall be paid to 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 in the Project Area on the effective date of the ordinance but to which such territory has been annexed or otherwise included after such effective date, the assessment roll of the County last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the Project Area on said effective date). 2. That portion of said levied taxes 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, monies advanced to, or indebtedness (whether funded, ROSENOW SPEVACEK GROUP, INC. /1.3-.33 PAGE 29 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Project and this Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the last equalized assessment roll referred to in paragraph (1.) hereof, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies. When said loans, advances, and indebtedness, if any, and interest thereon, have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid to the respective Taxing Agencies as taxes on all other property are paid. 3. That portion of the taxes in excess of the amount identified in paragraph (1.) above which is attributable to a tax rate levied by a Taxing Agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of and 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. This paragraph (3.) shall only apply to taxes levied to repay bonded indebtedness approved by the voters on or after January 1, 1989. The Agency is authorized to make pledges as to speCific advances, loans and indebtedness as appropriate in carrying out the Project. The portion of taxes allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay the principal of and interest on loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the redevelopment program for the Project Area. (703) Agency Bonds The Agency is authorized to issue bonds and other obligations from time to time, if it deems it appropriate to do so, in order to finance all or any part of Plan implementation activities. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds or other obligations by reason of their issuance. The bonds and other obligations of the Agency are not a debt of the City, County, 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 and other obligations do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. ROSENOW SPEVACEK GROUP, INC. A.3 -at{ PAGE 30 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT (704) Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the federal government, the State, or any other public or private source will be utilized, if available, as appropriate in carrying out this Plan. In addition, the Agency may make loans as permitted by law to public or private entities for any of its redevelopment purposes. (705) Rehabilitation Loans, Grants, and Rebates To the greatest extent allowed by State Law, the Agency and the City may commit funds from any source to rehabilitation programs for the purposes of loans, grants, or rebate payments for self-financed rehabilitation work. The rules and regulations for such programs shall be those which may already exist or which may be developed in the future. The Agency and the City shall seek to acquire grant funds and direct loan allocations from State and federal sources, as they may be available from time to time, for the carrying out of such programs. SECTION VIII (800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the City may include, but shall not be limited to, the following: 1. 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 shall include the requirement of abandonment and relocation by the utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to require the cost of such abandonment, removal, and relocation to be bome by others than those legally required to bear such costs. 2. Institution and completion of proceedings necessary for changes and improvements to publicly-owned parcels and utilities in the Project Area. 3. Performance of the above and of all other functions and services relating to public 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. ROSENOW SPEVACEK GROUP, INC. ,43-3S"' PAGE 31 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT 4. Imposition, whenever necessary and applicable, of appropriate design controls within the limits of this Plan in the Project Area to ensure proper development and use of land. 5. Provisions for administration/enforcement of this Plan by the City after completion of development. 6. The undertaking and completion of any other proceedings necessary to carry out the Project. 7. The expenditure of any City funds in connection with redevelopment of the Project Area pursuant to this Plan. 8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of statutory development agreements to permit the land uses and facilitate the development authorized by this Plan. SECTION IX (900) ADMINISTRATION AND ENFORCEMENT Upon adoption, the administration and enforcement of this Plan or other documents implementing this Plan shall be performed by the City and/or the Agency, as appropriate. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by litigation or similar proceedings by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry onto property, power of termination, or injunctions. 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. SECTION X (1000) PLAN LIMITATIONS The following financial and time limitations shall apply to this Plan: (1001) Amount of Cumulative Tax Increment Revenue The number of dollars of taxes which may be divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to taxing agencies, shall not exceed the following as listed on Table A: ROSENOW SPEVACEK GROUP. INC. ,A ..3 -.,3" PAGE 32 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT MERGED REDEVELOPMENT PROJECT REDEVELOPMENT PLAN LIMITS TABLE A Cumulative Final Date of Termination Tax Increment Date to Plan Date Constituent Area Revenue Limit 2/ Incur Debt 3/ Termination of Revenue Otay Valley $115,000,000 No Limit 12/29/2024 12/29/2034 Southwest (Original) $150,000,0001/ No Limit 11/27/2031 11/27/2041 Southwest (Amended) included above No Limit 7/9/2032 7/9/2042 Town Centre II (Original) 100,000,000 No Limit 8/15/2019 8/15/2029 Town Centre II (Amended) included above No Limit 7/19/2029 7/19/2039 2003 Amendment Area No Limit May 2024 May 2034 May 2049 1/ Adjusted annually by consumers price index. 2/ No tax increment revenue limit required for amendments to project areas after 1/1/94. 3/ The deadline to incur debt with respect to the Otay Valley, Original Southwest, Amended Southwest, Original Town Centre II, and Amended Town Centre II Constituent Areas was eliminated by adoption of the "SB 211 Ordinance" pursuant to Section 33333.6(e)(2) in January 2004, (1002) Amount of Bonded Indebtedness Outstanding At Any One Time The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding at one time, shall not exceed $175 million. (1003) Time Frame to Incur Indebtedness The time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 of the Redevelopment Law to finance in whole or in part the redevelopment project shall be the time period as provided on Table A. These limits, however, shall not prevent the Agency from incurring debt to be paid from the low and moderate income housing fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33333.8 of the Redevelopment Law. The loans, advances, or indebtedness maylbe repaid over a period of time longer than this time limit as providJd herein. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the Agency beyond this time limitation. This limit shall not prevent the Agency from financing, 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 ROSENOW SPEVACEK GROUP, INC. 11.3 -.37 PAGE 33 AMENDED AND RESTATED REDEVELOPMENT PLAN MERGED CHULA VISTA REDEVELOPMENT PROJECT not extended beyond the time limit to repay indebtedness required by this section. Provided, however, that the time limits established in this Section 1003 may be extended in the manner provided by applicable law. (1004) Duration of This Plan Except for the nondiscrimination and nonsegregation provisions of this Plan, and recorded covenants implementing the same, which shall remain in effect in perpetuity, and except as otherwise expressly provided herein, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective until the termination date as shown on Table A. After the expiration of the effective term of the Plan, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts. However, if the Agency has not completed its housing obligations pursuant to Section 33333.8 of the Redevelopment Law, the Agency shall retain its authority to implement requirements under 33333.8, including the ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. (1005) Time Frame to Collect Tax Increment Revenue Except as otherwise provided herein or by Redevelopment Law, the time limitation for the receipt of tax increment and the payment of indebtedness with the tax increment pursuant to Section 33670 of the Redevelopment Law the termination date of revenue, as represented on Table A. SECTION XI (1100) PROCEDURE OF AMENDMENT This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. ROSENOW SPEVACEK GROUP, INC. jJ3-3ca' PAGE 34 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit A - Project Area Map ROSENOW SPEVACEK GROUP, INC. A3~.a'f PAGE 35 r--~- ~1 r I , ~, I', f .. I I...... I ,... , I , , , ~ , , , '..., ~ t' t \ -, t... ~\.-llP$ ~~,o'? .".' i' ~..... , I ~ ,... .." :' l\,.....~~ ph "" f\ '~'~ lfr-,( ",cP'-" ,\ /' y \\ L\ j':,,}0 \ ~~,,\~ -I- ~ C i, I" i " I .. , I L ~ IV .3 -40 '" - l/) >1- ",0 _w "i3 .co: 0,,- -I- Oz w ,"",::; 0"- <Il3 .cw ::::iil 00 w uo: c< <Ill- (/) <0::> -:5 c:) <IlJ: Eu 00 -w <IlC) >0: <Ilw -0::; 0:: ~! .. ~c =~ ~. .;~ Ov I . . , , 0 ~ !l ~ ~ g 8 u = - . e i ~ ~ U i ~ ;!. . . .. .: o , Z i II . ~ ~ < E , . . < ,; 11 . ' , , , u ~ i f, , , l . . " - . . . , , ~ i ~I , < ~ ~ ~ ~ g g " . ~ ~ v . (0 1ll w <.9 <( 0- u ~ a: :J o 0:: <.9 >:: w U ;; W 0- en ~ z w en o 0:: Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit B - Legal Description ROSENOW SPEVACEK GROUP, INC. /13-4/ PAGE 37 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit C - Listing of Proposed Public Facilities and Infrastructure Projects Public Infrastructure Projects Improvements to Project Area public infrastructure are intended to alleviate traffic congestion and improve public safety, remove costly impediments to development, and upgrade infrastructure to contemporary standards to stimulate private development. The proposed traffic/circulation improvement projects shall include, but are not limited to roadways, landscape, street lights, pedestrian walkways, bridges, interchanges, roadways, curbs, gutters, sidewalks, parking, street widening, street lights, traffic signals, over or underpasses, utility undergrounding, bicycle paths, street medians, trails, and trolley crossings. The proposed sewer and drainage improvement projects shall include, but are not limited to, monitoring systems, sewer parallels, drainage, sewer lines, wastewater treatment facilities, flooding systems, floor control dikes, and sewer systems. The proposed utility and communication improvement projects shall include, but are not limited to, electrical distribution systems, natural gas distribution systems; cable TV and fiber optic communication systems, water distribution systems, and windbreakers. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. Projects include, but are not limited to the following: 1) Street/Entrvwav Beautification. Construct streetscape improvements at key Project Area locations, including Fourth Avenue and Highway 54. 2) Main Street Improvements. Construct street improvements along Main Street to improve traffic flows and upgrade character of right-of-way. 3) Broadwav Revitalization. Implement a variety of street and other applicable improvements along Broadway, from H Street to L Street. Community Facilities The proposed community facilities improvement projects shall include, but not limited to parks, open spaces, schools, school facilities, fire and police facilities, communication systems, libraries, fire protection, cultural centers, community centers, city maintenance facilities, plazas, recreational facilities, playgrounds, and civic center. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these proposals to come forward. ROSENOW SPEVACEK GROUP. INC, //.J-c/2- PAGE 38 Amended and Restated Redevelopment Plan Merged Chula Vista Redevelopment Project Exhibit D - Diagram of Current Permitted Land Uses The following map presents the current General Plan land use designations for the Project Area. As these designations are subject to change, please refer to the General Plan for more information. Glneral Plen Land Use Designation Map MERGED CHULA VISTA REDEVELOPMENT PROJECT /\'C.yhuhp BR.14....I.llOWJbdh.... R.ld....I.IJ...dl"'" R.ldRllll.lll.dkmlHI~h EITdn.ldonll.IHlgh lE(iEND _CommwfilllOlllce DRllalC.......ric.r _Comm...i""ITh"n~ghfa'. .lIh.h..C........c.., Blndullfilll r:::;;]Ulllkodhd...ltl", =PU~llcIOU"IPUbk: o"OSP"1 ... . 'f' ,"\ ,.... . .. 9' \ . I I L.I ROSENOW SPEVACEK GROUP, INC. ,A.3 -<13 PAGE 39 ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE 2004 AMENDMENT (IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN) TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT WHEREAS, on August 15, 1978, the City Council adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8,1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Redevelopment Project Area and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22, 2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and subsequently amended said redevelopment plan on July 9,1991 by Ordinance No. 2467, on November 8,1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan (collectively, the "Plans") were merged to establish the Merged Chula Vista Redevelopment Project to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the Law; and WHEREAS, on January _' 2004, the City Council adopted Ordinance No. _ amending each of the Plans to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and WHEREAS, on February _' 2004, the City Council adopted Ordinance No. _ amending each of the Plans to extend the duration of the Plans' effectiveness and time limit to collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, the Redevelopment Agency of the City of Chula Vista (the "Agency") initiated proceedings to amend the Merged Chula Vista Redevelopment Project to consolidate the three Plans that comprise the Merged Chula Vista Redevelopment Project into a single redevelopment plan document, update the public improvements and project facilities list, add property to the Merged Chula Vista Redevelopment Project boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas (collectively "2004 Amendment"); and A4--f WHEREAS, the California Community Redevelopment Law (the "CRL") (Health and Safety Code Section 33000 et seq.) permits the adoption of amendments to redevelopment plans; and WHEREAS, the City Council has received from the Agency the proposed 2004 Amendment (in the form of an Amended and Restated Redevelopment Plan), a copy of which is on file with the City Clerk, together with the Report of the Agency prepared pursuant to Section 33352 and Section 33457.1 of the CRL (the "Report to City Council"), which includes a description and discussion of the proposed 2004 Amendment; and WHEREAS, the Town Centre II Plan consists of an original area, which in the Amended and Restated Redevelopment Plan is referred to as the "Original Town Center II Constituent Area;" and an amended Town Centre II area, which in the Amended and Restated Plan is referred to as the "Amended Town Centre II Constituent Area;" and WHEREAS, the Original Town Centre Constituent Area and the Amended Town Center II Constituent Area are collectively referred to herein as the "Town Centre II Constituent Area;" and WHEREAS, Otay Valley Plan consists of an area referred to in the Amended and Restated Redevelopment Plan as the "Otay Valley Constituent Area;" and WHEREAS, the Southwest Plan consists of an original area, which in the Amended and Restated Redevelopment Plan is referred to as the "Original Southwest Constituent Area;" and an amended Southwest area, which in the Amended and Restated Redevelopment Plan is referred to as the "Amended Southwest Constituent Area;" and WHEREAS, the Original Southwest Constituent Area and the Amended Southwest Constituent Area are collectively referred to herein as the "Southwest Constituent Area;" and WHEREAS, the area proposed to be added to the Merged Chula Vista Redevelopment Project Area, referred to hereinabove as the "Added Area," is referred to in the Amended and Restated Redevelopment Plan as the "2004 Amendment Constituent Area;" and WHEREAS, by adoption of Resolution No. on , 2004, the Planning Commission of the City of Chula Vista found and determined that the proposed 2004 Amendment was consistent with the General Plan of the City of Chula Vista, including the Housing Element thereof, and recommended that the City Council adopt the 2004 Amendment; and WHEREAS, by adoption of Resolution No. on ,2004, the Town Centre Project Area Committee recommended that the City Council adopt the proposed 2004 Amendment; and WHEREAS, by adoption of Resolution No. on , 2004, the Added Area Project Area Committee recommended that the City Council adopt the proposed 2004 Amendment; and -2- 1It/-~ WHEREAS, the Agency has prepared a Program Environmental Impact Report ("EIR") on the proposed 2004 Amendment pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et. Seq., "CEQA"), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, Sections 15000 et. Seq., the "Guidelines") and City CEQA guidelines and City Environmental Review Procedures; and, WHEREAS, by adoption of Resolution No. on ,2004, the Planning Commission of the City of Chula Vista certified the Final EIR and recommended that the City Council certify the final EIR for the 2004 Amendment; and WHEREAS, the City Council and the Agency held a Joint Public Hearing on March 23, 2004, concerning the adoption of the proposed 2004 Amendment; and WHEREAS, notice of the Joint Public Hearing was duly and regularly published as required by the CRL; and WHEREAS, at least thirty (30) days prior to the Joint Public Hearing; copies of the notice of the Joint Public Hearing were mailed by first-class mail to all residents and businesses within the boundaries of area encompassed by the Merged Chula Vista Redevelopment Project and within the boundaries of the proposed Added Area; and WHEREAS, the City Council has considered the Report to City Council for the 2004 Amendment, and 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 Amendment; and WHEREAS, by adoption of Resolution No. on , 2004, the City Council, in compliance with the CRL, adopted written responses in response to any and all written objections received with respect to the approval and adoption of the 2004 Amendment and therein overruled any and all such objections; and WHEREAS, by adoption of Resolution No. on the City Council certified the Final EIR for the 2004 Amendment; and ,2004, WHEREAS, all considerations and actions required to be taken precedent to the adoption of this Ordinance have been duly and regularly taken in accordance with applicable law; WHEREAS, Section 33457.1 of the CRL, provides that to the extent warranted by the proposed Amendment, this Ordinance shall contain the findings required by Section 33367 of the CRL; and NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. The purpose and intent of the City Council with respect to 2004 Amendment is to (i) consolidate the three separate Plans covering the Town Centre II, Otay -3- A ct -3 Valley, and Southwest Constituent Areas into a single, consolidated, amended and restated redevelopment plan to provide consistency to, and ease of administration for, the implementation of redevelopment activities in the areas encompassed by the Merged Chula Vista Redevelopment Project; (ii) update the public improvements and facilities projects list; (iii) re-designate the area subject to the consolidated Merged Chula Vista Redevelopment Plan as the Merged Chula Vista Redevelopment Project Area, (iv) add approximately _ acres of property located throughout the western part of Chula Vista to the Merged Chula Vista Redevelopment Project Area, such added territory commonly known as the "Added Area" and in the Amended and Restated Redevelopment Plan as the 2004 Amendment Constituent Area; (v) re-establish eminent domain authority for a period of twelve (12) years on all property (except residentially occupied property in a residential zone) within the Town Centre II and Otay Valley Constituent Areas. SECTION 2. The City Council hereby finds and determines, based on substantial evidence in the record, including, but not limited to, the Report to City Council, and all documents referenced therein: a. The finding that the Original Town Centre II Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 1827 when the Original Town Centre II Plan was originally adopted. The finding that the Amended Town Centre II Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2274 when the Amended Town Centre II Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 1827 and 2274 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning the blight findings set forth in Ordinance Nos. 1827 and 2274 are required for the 2004 Amendment. b. The finding that the Otay Valley Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2059 when the Otay Valley Plan was originally adopted. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 2059 is final and conclusive, (ii) such previously made finding and determination remains valid and effective, and (iii) no further finding or determination concerning the blight finding set forth in Ordinance No. 2059 is required for the 2004 Amendment. c. The finding that the Original Southwest Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2420 when the Original Southwest Plan was originally adopted. The finding that the Amended Southwest Constituent Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the Community Redevelopment Law, was made in Ordinance No. 2467 when the Amended Southwest Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 2420 and 2467 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further -4- ;:J 'I -4 finding or determination concerning the blight findings set forth in Ordinance Nos. 2420 and 2467 are required for the 2004 Amendment. d. The 2004 Amendment Constituent Area, also known as the Added Area, is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law, Part 1 of Division 24 (commencing at Section 33000) of the Health and Safety Code of the State of California ("CRL"), based on substantial evidence in the record, including but not limited to the Report to Council. e. The 2004 Amendment will allow continued redevelopment to occur within the Town Centre II, Otay Valley, and Southwest Constituent Areas in conformity with the CRL and in the interests of the public health, safety and welfare. The 2004 Amendment would redevelop the 2004 Amendment Constituent Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare. The foregoing findings are based on substantial evidence in the record, including but not limited to the Report to Council. f. The finding that the carrying out of the Town Centre II Plan, with respect to the Original Town Centre II Constituent Area, is economically sound and feasible was made in Ordinance No. 1827, and the City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1827 is final and conclusive, (ii) such previously made finding and determination remains valid and effective, and (iii) no further finding or determination concerning the foregoing finding is required for the 2004 Amendment with respect to the Original Town Centre II Constituent Area. g. The finding that the carrying out of the Town Centre II Plan, with respect to the Amended Town Centre II Constituent Area, is economically sound and feasible was made in Ordinance No. 2274 and the City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 2274 is final and conclusive, (ii) such previously made finding and determination remains valid and effective, and (iii) no further finding or determination concerning the foregoing finding is required for the 2004 Amendment with respect to the Amended Town Centre II Constituent Area.. h. The finding that the carrying out of the Otay Valley Plan is economically sound and feasible was made in Ordinance No. 2059, and the City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 2059 is final and conclusive, (ii) such previously made finding and determination remains valid and effective, and (iii) no further finding or determination concerning the foregoing finding is required for the 2004 Amendment with respect to the Otay Valley Constituent Area. i. The adoption of the 2004 Amendment, with respect to the 2004 Amendment Constituent Area, is economically sound and feasible, based on substantial evidence in the record, including but not limited to the Report to Council. j. The 2004 Amendment conforms to the City of Chula Vista General Plan including, but not limited to, the Housing Element thereof, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division I of Title 7 of the Government Code. This finding is based on substantial evidence in the record, -5- A 4--S" including but not limited to the Report to Council, which contains the finding of the Planning Commission of the City Chula Vista that the 2004 Amendment conforms to the Chula Vista General Plan. k. The carrying out of the 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan for the Chula Vista Merged Project Area, including all existing constituent areas thereof and the 2004 Amendment Constituent Area, will promote the public peace, health, safety, and welfare of the City of Chula Vista and will effectuate the purposes and policies of the CRL. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, which confirms that the 2004 Amendment will benefit the Merged Chula Vista Redevelopment Project Area, including all constituent areas thereof including the 2004 Amendment Constituent Area, by continuing to provide the Agency with the necessary tools and financial resources to correct conditions of blight, and specifically with respect to the 2004 Amendment Constituent Area, to enable the initiation of redevelopment activities within the 2004 Amendment Constituent Area. I. The condemnation of real property, to the extent provided for in the 2004 Amendment with respect to the Town Centre II Constituent Area (both Original and Amended), the Otay Valley Constituent Area, and the 2004 Amendment Constituent Area, is necessary to the execution of the Amended and Restated Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. m. The 2004 Amendment does not alter, affect, or amend the Agency's authority, if any, with respect to the Southwest Constituent Area and the City Council finds and determines that (i) any previously made finding and determination made with respect thereto is final and conclusive, (ii) such previously made finding and determination remains valid and effective, and (iii) no further finding or determination concerning the condemnation of real property is required for the 2004 Amendment with respect to the Original Southwest Constituent Area or Amended Southwest Constituent Area. n. The Agency has adopted a feasible method or plan for the relocation of families and persons displaced from Merged Chula Vista Redevelopment Project Area, if the Amended and Restated Redevelopment Plan should result in the temporary or permanent displacement of any occupants of housing facilities in Merged Project Area. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. approving and adopting a Method of Relocation for the Merged Chula Vista Redevelopment Project In Conjunction With the 2004 Amendment. o. There are or are being provided in the Merged Chula Vista Redevelopment Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and persons displaced from the Merged Chula Vista Redevelopment Project Area, if any, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. This finding is based on substantial evidence in the record, including but not limited to the Report to -6- A t.{- - fc Council, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. approving and adopting a Method of Relocation for the Merged Chula Vista Redevelopment Project In Conjunction With the 2004 Amendment, and further upon the requirement that the Agency comply with the State Relocation Law (Gov. Code 97260 et seq.), State Relocation Guidelines (25 C.C.R. 96000 et seq.), and such greater requirements, if any, stated in the Agency's adopted Method of Relocation. p. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to California Health and Safety Code Sections 33411 and 334 11.1, and dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan as statutorily required pursuant to California Health and Safety Code Sections 33334.5, 33413, and 33413.5, to the extent required thereunder. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. q. The finding that all noncontiguous areas of the Original Town Centre II Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Original Town Centre II Constituent Area was made in Ordinance No. 1827 when the Original Town Centre II Plan was originally adopted. The finding that that all noncontiguous areas of the Amended Town Centre II Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Amended Town Centre II Constituent Area was made in Ordinance No. 2274 when the Amended Town Centre II Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 1827 and 2274 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning noncontiguous areas of the Original Town Centre II Constituent Area or the Amended Town Centre II Constituent Area set forth in Ordinance Nos. 1827 and 2274 are required for the 2004 Amendment. r. The finding that all noncontiguous areas of the Otay Valley Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Otay Valley Constituent Area was made in Ordinance No. 2059 when the Otay Valley Plan was originally adopted. s. The finding that all noncontiguous areas of the Original Southwest Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Original Southwest Constituent Area was made in Ordinance No. 2420 when the Original Southwest Plan was originally adopted. The finding that that all noncontiguous areas of the Amended Southwest Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Amended Southwest Constituent Area was made in Ordinance No. 2467 when the Amended Southwest Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 2420 and 2467 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning noncontiguous areas of the Original Southwest Constituent -7- A"--1 Area or the Amended Southwest Constituent Area set forth in Ordinance Nos. 2420 and 2467 are required for the 2004 Amendment. t. All noncontiguous areas of the 2004 Amendment Constituent Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the 2004 Amendment Constituent Area. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. u. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Original Town Centre II Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Original Town Centre II Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance No. 1827 when the Original Town Centre II Plan was originally adopted. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Amended Town Centre II Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Amended Town Centre II Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance No. 2274 when the Amended Town Centre II Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 1827 and 2274 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning the foregoing finding set forth in Ordinance Nos. 1827 and 2274 are required for the 2004 Amendment. v. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Otay Valley Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Otay Valley Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance No. 2059 when the Otay Valley Plan was originally adopted. w. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Original Southwest Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Original Southwest Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance No. 2420 when the Original Southwest Plan was originally adopted. The finding that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Amended Southwest Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation oftax increment revenues from the -8- A 4- - 1 Amended Southwest Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance No. 2467 when the Amended Southwest Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 2420 and 2467 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning the foregoing finding set forth in Ordinance Nos. 2420 and 2467 are required for the 2004 Amendment. x. The inclusion of any lands, buildings, or improvements within the 2004 Amendment Constituent Area which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the 2004 Amendment Constituent Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the 2004 Amendment Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. y. The finding that the elimination of blight and the redevelopment of Original Town Centre II Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 1827 when the Original Town Centre II Plan was originally adopted. The finding that the elimination of blight and the redevelopment of Amended Town Centre II Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2274 when the Amended Town Centre II Plan was originally adopted. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 1827 and 2274 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning the foregoing finding set forth in Ordinance Nos. 1827 and 2274 are required for the 2004 Amendment. z. The finding that the elimination of blight and the redevelopment of Otay Valley Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2059 when the Otay Valley Plan was originally adopted. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 2059 is final and conclusive, (ii) such previously made finding and determination remain valid and effective, and (iii) no further finding or determination concerning the foregoing finding set forth in Ordinance No. 2059 is required for the 2004 Amendment. aa. The finding that the elimination of blight and the redevelopment of Original Southwest Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2420 when the Original Southwest Plan was originally adopted. The finding that the elimination of blight and the redevelopment of Amended Southwest Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency was made in Ordinance No. 2467 when the Amended Southwest Plan was originally adopted. The City Council finds and determines that (i) such findings and -9- At/-' determinations set forth in Ordinance Nos. 2420 and 2467 are final and conclusive, (ii) such previously made findings and determinations remain valid and effective, and (iii) no further finding or determination concerning the foregoing finding set forth in Ordinance Nos. 2420 and 2467 are required for the 2004 Amendment. bb. The elimination of blight and the redevelopment of 2004 Amendment Constituent Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. cc. The finding that the Original Town Centre II Constituent Area is predominantly urbanized as defined by the CRL, was made in Ordinance No. 1827 when the Original Town Centre II Plan was originally adopted, or was not then required to be made for the Original Town Centre II Constituent Area. The finding that the Amended Town Centre II Constituent Area is predominantly urbanized as defined by the CRL was made in Ordinance No. 2274 when the Amended Town Centre II Plan was originally adopted, or was not then required to be made for the Amended Town Centre II Constituent Area. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 1827 and 2274, if and to the extent then required to have been made, are final and conclusive, (ii) such previously made findings and determinations, if and to the extent required to have been made, remain valid and effective, and (iii) no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Original Town Centre II Constituent Area or the Amended Town Centre II Constituent Area. dd. The finding that the Otay Valley Constituent Area is predominantly urbanized as defined by the CRL, was made in Ordinance No. 2059 when the Otay Valley Plan was originally adopted, or was not then required to be made for the Otay Valley Constituent Area. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 2059, if and to the extent then required to have been made, is final and conclusive, (ii) such previously made finding and determination, if and to the extent required to have been made, remain valid and effective, and (iii) no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Otay Valley Constituent Area. ee. The finding that the Original Southwest Constituent Area is predominantly urbanized as defined by the CRL, was made in Ordinance No. 2420 when the Original Southwest Plan was originally adopted, or was not then required to be made for the Original Southwest Constituent Area. The finding that the Amended Southwest Constituent Area is predominantly urbanized as defined by the CRL was made in Ordinance No. 2267 when the Amended Southwest Plan was originally adopted, or was not then required to be made for the Amended Southwest Constituent Area. The City Council finds and determines that (i) such findings and determinations set forth in Ordinance Nos. 2420 and 2467, if and to the extent then required to have been made, are final and conclusive, (ii) such previously made findings and determinations, if and to the extent required to have been made, remain valid and effective, and (iii) no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Original Southwest Constituent Area or the Amended Southwest Constituent Area. -10- 1/ 'i - ( 0 ff. The 2004 Amendment Constituent Area is predominantly urbanized as defined in the CRL. This finding is based on substantial evidence in the record, including but not limited to the Report to Council. gg. The finding that the time limitations and, if applicable, the limitation on the number of dollars to be allocated to the Agency that are contained in the Original Town Centre II Plan, the Amended Town Centre II Plan, the Otay Valley Plan, the Original Southwest Plan, and the Amended Southwest Plan are reasonably related to the proposed projects to be implemented in the foregoing constituent areas and to the ability of the Agency to eliminate blight within these constituent areas, if and to the extent required to be made with respect to such plans and constituent areas, were previously made in conjunction with the adoption of previous ordinances. The City Council finds and determines that (i) such findings and determinations set forth in the previously adopted ordinances pertaining to the foregoing listed plans and constituent areas, if and to the extent then required to have been made, are final and conclusive, (ii) such previously made findings and determinations, if and to the extent required to have been made, remain valid and effective, and (iii) no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Original Town Centre II Constituent Area, the Amended Town Centre II Constituent Area, the Otay Valley Constituent Area, the Original Southwest Constituent Area, or the Amended Southwest Constituent Area. The Amended and Restated Redevelopment Plan continues the limitations applicable to each of the foregoing listed constituent areas and the 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan, does not alter or amend these limitations with respect to these constituent areas. hh. The time limitations that are contained in the Amended and Restated Redevelopment Plan with respect to the 2004 Amendment Constituent Area are reasonably related to the proposed projects to be implemented in the foregoing constituent areas and to the ability of the Agency to eliminate blight within the 2004 Amendment Constituent Area. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, and upon the further reason that the time limitations applicable to the 2004 Amendment Constituent Area set forth in the Amended and Restated Redevelopment Plan per the 2004 Amendment are consistent with and in compliance with the requirements of the CRL, including but not limited to Health and Safety Code Section 33333.2. The City Council further finds that the 2004 Amendment with respect to the 2004 Amendment Constituent Area is not required to state a limitation on the number of dollars to be allocated to the Agency from the 2004 Amendment Constituent Area. SECTION 3. The City Council declares that it is satisfied that permanent housing facilities will be available within three (3) years from the time any residential occupants of the Merged Chula Vista Project Area (collectively, the Town Centre II Constituent Area, Otay Valley Constituent Area, Southwest Constituent Area, and 2004 Amendment Constituent Area) are displaced, if any, and that pending the development of the facilities there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. This finding is based on substantial evidence in the record, including but not limited to the Report to Council, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. approving and adopting a Method of Relocation for the Merged Chula Vista -11- /I <I - II Redevelopment Project In Conjunction With the 2004 Amendment, and further upon the requirement that the Agency comply with the State Relocation Law (Gov. Code ~7260 et seq.), State Relocation Guidelines (25 C.C.R. ~6000 et seq.), and such greater requirements, if any, stated in the Agency's adopted Method of Relocation, and compliance with Health and Safety Code Section 33411 and 33411.1, providing that families and persons shall not be displaced prior to the adoption of a relocation plan, and with Health and Safety Code Sections 33334.5, 33413, and 33413.5, providing that dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan, to the extent required pursuant to such statutory provisions. SECTION 4. In order to implement and facilitate the effectuation of the 2004 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area, the City Council hereby (a) pledges its cooperation in helping to carry out the Amended and Restated Redevelopment Plan, (b) requests that the various officials, departments, boards and agencies of the City having administrative responsibilities in the Merged Chula Vista Redevelopment Project Area likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the redevelopment of the Merged Chula Vista Redevelopment Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended and Restated Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Amended and Restated Redevelopment Plan. SECTION 5. The 2004 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area is incorporated herein by this reference, and said Amended and Restated Redevelopment Plan is hereby approved as, and declared to be, the official redevelopment plan for the Merged Chula Vista Redevelopment Project Area. SECTION 6. The City 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 Amended and Restated Redevelopment Plan. SECTION 7. The City Clerk is hereby directed to record with the San Diego County Recorder a statement that the 2004 Amendment in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area has been approved in conformity with the CRL. SECTION 8. The City Clerk is hereby directed to transmit a copy of the statement to be recorded pursuant to Section 7 of this Ordinance to such other parties as may be directed by the Agency. SECTION 9. This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. SECTION 10. If any part of this Ordinance, or the 2004 Amendment (in the form of the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project -12- A 4- -I L Area) 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 2004 Amendment, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the 2004 Amendment if such invalid portion thereof had been deleted. SECTION 11. The City Clerk is authorized and directed to post or publish this Ordinance or a summary thereof in the manner provided by the City Charter. J Presented by Approved as to form by Laurie A. Madigan Community Development Director Ann Moore City Attorney -13- AL/-/3