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HomeMy WebLinkAboutRDA Packet 2004/04/20CITY OF CHULA VISTA TUESDAY, APRIL 20, 2004 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency /Council Members Davis, McCann, Rindone, Salas; Chair /Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency /Council by one motion without discussion unless an Agency /Council member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES — March 16, 2004 2. CONSIDERATION OF VARIOUS ACTIONS NECESSARY TO IMPLEMENT PREVIOUSLY APPROVED DISPOSITION AND DEVELOPMENT AGREEMENT WITH CHBD CHULA VISTA, LLC FOR DEVELOPMENT OF BROADWAY URBAN VILLAGE PROJECT AT 760 BROADWAY, CHULA VISTA On 6/10/03, the City Council and Redevelopment Agency approved a Disposition and Development Agreement that provided for the sale of Agency owned property at 760 Broadway, and the development of a mixed use project. Efforts to complete the entitlement process and to satisfy the various conditions to close escrow have been ongoing. These further actions are needed in order to close escrow and begin construction of the Broadway Urban Village Project. [City Attorney; Community Development Director] STAFF RECOMMENDATION: That (1) Council adopt resolution a); (2) Agency and Council adopt resolution b); and (3) Agency adopt resolution c). a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A QUITCLAIM OF PROPERTY AT 760 BROADWAY TO THE REDEVELOPMENT AGENCY FOR SALE TO CHBD CHULA VISTA, LLC b) RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A RECESSION AGREEMENT TO ELIMINATE UNNECESSARY CITY AND AGENCY INTERESTS IN PROPERTY AT 760 BROADWAY c) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SUBORDINATION AGREEMENT IN FAVOR OF KEYBANK NATIONAL ASSOCIATION, THE BROADWAY VILLAGE PROJECT CONSTRUCTION LENDER 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. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council /Agency, staff, or members of the general public. The items will be considered individually by the Council /Agency and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 3. CONSIDERATION OF THE ADOPTION OF THE NECESSARY RESOLUTIONS AND ORDINANCE TO AMEND THE CHULA VISTA REDEVELOPMENT PROJECT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT The Redevelopment Agency initiated the process to amend the Merged Chula Vista Redevelopment Project to facilitate extension of redevelopment and economic development tools throughout commercial and industrial areas in the western portion of Chula Vista. The 2004 Amendment is presented to the City Council and Redevelopment Agency for consideration following previous consideration of certain procedural and policy matters involving the Merged Chula Vista Redevelopment Project Area. [Community Development Director] STAFF RECOMMENDATION: (1) Council adopt resolutions a), b), c), and d); (2) Agency adopt resolutions e) and f); and (3) Council place on first reading the Ordinance (g)• a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO THE 2004 AMENDMENT, IN THE FORM OF THE AMENDED AND Redevelopment Agency, April 20, 2004 Page 2 RESTATED REDEVELOPMENT PLAN, TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT b) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM EIR FOR THE 2004 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX INCREMENT REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33676 AND THE CITY'S SHARE OF TAX INCREMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5 WITH RESPECT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA d) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE - INCOME HOUSING OUTSIDE THE PROJECT AREA, WILL BE OF BENEFIT TO THE PROJECT AREA e) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE - INCOME HOUSING OUTSIDE THE PROJECT AREA, WILL BE OF BENEFIT TO THE PROJECT AREA f) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A METHOD OF RELOCATION FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT IN CONJUNCTION WITH THE 2004 AMENDMENT THERETO g) 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 (FIRST READING) OTHER BUSINESS 4. DIRECTOR'S REPORT Redevelopment Agency, April 20, 2004 Page 3 5. CHAIR REPORT 6. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a regular meeting of the Redevelopment Agency on May 4, 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, and /or 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 (TDD) at (619) 585 -5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, April 20, 2004 Page 4 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA March 16, 2004 6:00 p.m An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6:15 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency /Councilmembers: Davis, McCann, Rindone, Salas and Chair/Mayor Padilla ABSENT: Agency /Councilmembers: None ALSO PRESENT: Executive Director /City Manager Rowlands, Agency /City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR APPROVAL OF MINUTES — February 17, 2004; February 24, 2004; March 2, 2004 Staff recommendation: Agency /Council approve the minutes. ACTION: Chair/Mayor Padilla moved to approve staff's recommendation and offered the Consent Calendar, heading read, text waived. The motion carried 5 -0, except with regard to the minutes of February 24, 2004, which carried 4 -0 -1, with Chair/Mayor Padilla abstaining due to his absence at the meeting. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 2. CONSIDERATION OF THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 293 NAPLES STREET (APN 619 - 121- 02 -00) AND 1101 THIRD AVENUE (APN 619 - 121 -01), FOR THE DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING WITHIN THE SOUTHWEST REDEVELOPMENT AREA The Agency offered the property owner the opportunity to participate within the redevelopment project area on January 13, 2003. The property owner did not submit a statement of interest to participate within the redevelopment project area. On October 31, 2003, the Agency presented an initial offer to purchase the property. The initial offer was rejected. The Agency then prepared an update to the appraisal and presented another offer to the property owner on February 12, 2004. To -date, no counter offer has been received. As a result, staff is presenting the Agency with the Resolution of Necessity to authorize the commencement of condemnation proceedings for the necessary parcels to move forward with the redevelopment project. (Director of Community Development) /_ I PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. This hearing was conducted simultaneously with the hearing on Item 3, below. 3. CONSIDERATION OF AND PURSUANT TO, CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33431 AND 33433, A DISPOSITION AND DEVELOPMENT AGREEMENT WITH 3RD AND NAPLES, LLC, FOR THE ACQUISITION AND DISPOSITION OF PROPERTY, AND DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AT THE SOUTHEAST CORNER OF THIRD AVENUE AND NAPLES STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The development firm of 3`d and Naples, LLC proposes to develop a 14,360 square -foot Walgreen's retail store with drive -thru pharmacy and associated parking at the southeast corner of Third Avenue and Naples Street. The developer has prepared the formal concept plans and has processed them through the City's review process. The site is within the Southwest Redevelopment Project Area, which is under the jurisdiction of the Redevelopment Agency and subject to the requirements of California Health and Safety Code Sections 33431 and 33433. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. This hearing was conducted simultaneously with the hearing on Item 2, above. Chair/Mayor Padilla opened the public hearings. Community Development Specialist De Valle presented the condemnation portion of the project. Chair/Mayor Padilla noted correspondence received from Haskins & Associates, dated March 16, 2004, representing the owners of the parcels being condemned and objecting to the proposed resolution of necessity. Chair/Mayor Padilla also noted that John Moot, applicant; and Sandra Brower, representing the developer, were present and available for questions. Principal Community Development Specialist Tapia presented the site plan and disposition and development agreement for the project. Agency /Councilmember Rindone asked whether the proposed project would be the same size as the present Walgreens located at the corner of Broadway and I Street. Staffinember De Valle responded affirmatively. With no members of the public wishing to speak, Chair/Mayor Padilla closed the public hearings. Chair/Mayor Padilla, by a consensus of the Agency /Council, re- opened the public hearings for a member of the public. Page 2 Council/RDA Minutes / 1 0-4, 03/16/04 PUBLIC HEARINGS (Continued) Ms. Flores stated that she was in agreement with the proposed project but felt it was unjust not to offer a fair price for the properties being condemned. She said that she had contacted the City on various occasions regarding her property but has not received adequate information. She explained that she would like to settle matters without taking legal action. She has invested in her property for her retirement, and the City's offer of approximately $250,000 for her property would not even purchase a condominium in the current market. She believed that she should be paid a fair and just price for her property or, alternatively, be provided with another commercial property of equal value. She added that she has received two separate offers for her property, one for $525,000 and the other for $480,000, and she requested further Council consideration of the matter. Linda Bartz, attorney for the City on the project, explained that the purpose of the public hearing was to approve the project, rather than consider the compensation issues. The offer was made based upon a M.A.I independent appraisal. Ms. Bartz added that it was her understanding that Ms. Flores' attorney is also in the process of obtaining an appraisal, and the City welcomes further negotiations. Ms. Bartz added that compensation issues would be decided in Superior Court. At the request of Chair/Mayor Padilla, the abovementioned comments by Ms. Bartz were translated by staff into Spanish. Real Property Manager Ryals stated that he has been in contact with Mr. Haskins, attorney for Ms. Flores, to discuss the matter. He explained that Mr. Haskins has had an appraisal done that is not yet ready to present. Mr. Ryals stated that the City would be open to discussion once they receive the counter offer from Mr. Haskins. With no further members of the public wishing to speak, Mayor Padilla again closed the public hearing. ACTION: Deputy Mayor Salas offered Agency Resolution Nos. 1866 and 1867 and Council Resolution No. 2004 -092, headings read, texts waived: AGENCY RESOLUTION NO. 1866, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS -04 -010 FOR THE DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA; AND DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF ASSESSOR PARCEL NUMBERS 619- 121-01 AND 619 - 121 -02, COMMONLY KNOWN AS 1101 THIRD AVENUE AND 293 NAPLES FOR THE CONSTRUCTION OF A REDEVELOPMENT PROJECT (DZ -001) AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTIES IN THE MANNER PROVIDED BY LAW Page 3 CounciVRDA Minutes 3 03/16/04 PUBLIC HEARINGS (Continued) COUNCIL RESOLUTION NO. 2004 -092, AND AGENCY RESOLUTION NO. 1867, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAKING THE REQUIRED REDEVELOPMENT ACT FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH 3'm AND NAPLES, LLC, FOR THE ACQUISITION AND DISPOSITION OF PROPERTY, AND DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING AT THE SOUTHEAST CORNER OF THIRD AVENUE AND NAPLES STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The motion carried 5 -0. OTHER BUSINESS 4. DIRECTOR/CITY MANAGER'S REPORTS There were none. 5. CHAIR/MAYOR'S REPORTS There were none. 6. AGENCY /COUNCILMEMBER COMMENTS There were none. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION — Pursuant to Government Code Section 54956.9(a) • City /Agency vs. IT Group, Inc. et. al. [USBC #02 10118] ADJOURNMENT At 6:50 p.m., Chair/Mayor Padilla adjourned the meeting to an adjourned regular meeting of the Redevelopment Agency on March 23, 2004, at 6:00 p.m., immediately following the City Council Meeting in the Council Chambers. Susan Bigelow, CMC, ty Clerk Page 4 Council/RDA Minutes 1 - 4 03/16/04 PAGE 1, ITEM NO.: Z MEETING DATE: 04/20/04 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: CONSIDERATION OF VARIOUS ACTIONS NECESSARY TO IMPLEMENT PREVIOUSLY APPROVED DISPOSITION AND DEVELOPMENT AGREEMENT WITH CHBD CHULA VISTA, LLC FOR DEVELOPMENT OF BROADWAY URBAN VILLAGE PROJECT AT 760 BROADWAY, CHULA VISTA a) CITY COUNCIL RESOLUTION APPROVING A QUITCLAIM OF PROPERTY AT 760 BROADWAY TO THE REDEVELOPMENT AGENCY FOR SALE TO CHBD CHULA VISTA, LLC b) JOINT RESOLUTION APPROVING A RECESSION AGREEMENT TO ELIMINATE UNNECESSARY CITY AND AGENCY INTERESTS IN PROPERTY AT 760 BROADWAY c) REDEVELOPMENT AGENCY RESOLUTION APPROVING SUBORDINATION AGREEMENT IN FAVOR OF KEYBANK NATIONAL ASSOCIATION, THE BROADWAY VILLAGE PROJECT CONSTRUCTION LENDER SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR er REVIEWED BY: EXECUTIVE DIRECTOR 4 /STNS VOTE: YES ❑ NO [X BACKGROUND On June 10, 2003 the City Council and Redevelopment Agency approved a Disposition and Development Agreement ( "DDA ") that provided for the sale of Agency -owned property at 760 Broadway ( "Property "), and the development of mixed used project comprised of 40 -1ane homes" 9 apartments, and approximately 10,000 square feet of retail space ( "Project"). Agency staff and the Developer have been working to complete the entitlement process and to satisfy the various conditions to close of escrow. Some issues have arisen during escrow that requires further City Council and Agency Board action to resolve. These issues include: Developer's request that City /Agency "clean -up" title to the Properly to extinguish unintended and outdated City /Agency interests [Resolutions (A) and (B), above], and the Project construction lender's request that the Agency subordinate certain rights under the DDA to the lender's security interest in the Property [Resolution (C), above]. a� —/ PAGE 2, ITEM NO.: MEETING DATE: 04/20/04 RECOMMENDATION In order to close escrow and begin construction of the Broadway Urban Village Project, City and Agency staffs recommend that the City Council and Redevelopment Agency, approve the following resolutions: a) City Council Resolution approving a Quitclaim of Property at 760 Broadway to the Redevelopment Agency for Sale to CHBD Chula Vista, LLC; b) Joint Resolution approving a Recession Agreement to Eliminate Unnecessary City and Agency Interests in Property at 760 Broadway; and c) Redevelopment Agency Resolution approving Subordination Agreement in Favor of Keybank National Association, the Broadway Village Project Construction Lender. BOARDS /COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The Quitclaim of a portion of the Property from the City to the Agency is necessary to place the property back in the Agency's rightful ownership in preparation for the Agency approved transfer of all the Property to the Developer. The City took title to one half of the Property back in 1998 when the City (not the Agency, as should have been the case) foreclosed on that parcel following the Citron's default under the Broadway Village Business Homes DDA. The Recession of various interests in the Property held by the City and Agency under various recorded documents is necessary to fulfill the Agency's agreement to convey "clean title' to the Property. The various interests to be rescinded are no longer necessary as they also relate back to the Citron's abandoned project. The Subordination Agreement is necessary to accommodate the interests of the Project's construction lender Keybank National Association. Ideally, until a project is built, the Agency would like to have all of its rights and remedies under a DDA be in a first priority position, such that they would survive a lender's foreclosure. Frequently, however, sophisticated lenders object to this, particularly as it relates to the Agency's special "right of reentry" remedy. The Agency's right of reentry remedy allows the Agency to take back the Property in the event of a developer material default. If a developer defaults under a loan, and a construction lender forecloses on the property and takes possession itself, the lender does not want the Agency to be able to exercise its right of reentry with respect to the lender. In the lender's view, this would put the Agency too much in control of when and how much the lender would be repaid. Because of this, Keybank has proposed that a lender foreclosure would extinguish the Agency's right of reentry and some related rights and remedies. v?- _12 PAGE 3, ITEM NO.: MEETING DATE: 04/20/04 Although Keybank's proposed subordination agreement would eliminate the Agency's right of reentry in the event of a foreclosure, Agency staff recommends approval of the proposal for the following reasons: 1. Staff modifications to the DDA, to go into effect concurrent with the Subordination Agreement, will allow the Agency, if it so elects, to exercise its reentry rights prior to the lender's foreclosure. 2. Various provisions in the proposed Subordination Agreement would give the Agency notice and opportunity to purchase the loan, or the Property, prior to a foreclosure transfer to a third party. 3. Even if a foreclosure transfer were to occur, the key development obligations for the Project would not be extinguished and would remain in effect (although up to a 12 month delay would be allowed). 4. Where a sophisticated lender is involved, some form of subordination is typical and reasonable for this type of transaction. 5. Keybank is a quality, experienced lender that is loaning the Developer over $12 million to construct the Project; Keybank's involvement makes it more likely the Project will be constructed and that no right of reentry remedy will be necessary in the first place. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration IS -03 -016. Thus, no further environmental review or documentation is necessary. FISCAL IMPACT The sale of the Agency Property will generate a one -time payment in the amount of $1,350,000, which represents the Fair Market Price of the property. In addition, the proposed privatization of the Property and the construction of the proposed Project will create an estimated $10.35 million of property tax value (land sale price of $1.35 million plus an estimated project value of $9.0 million). This would generate approximately $103,500 in annual tax - increment revenue. This amount would be divided as follows: Twenty percent ($20,700) for the Housing Set -Aside fund; of the remaining $82,800, fifty three percent ($43,884) will be allocated to other taxing entities as part of the tax sharing pass thru agreements; the rest ($38,916) will accrue to the Southwest Redevelopment Project Area fund. An unspecified amount of sales tax revenues will accrue to the City's General Fund from the retail establishments that will be set up as part of the Project's commercial component. ATTACHMENTS Attachment A - Quitclaim Deed Attachment B - Rescission Agreement Attachment C - Subordination Agreement v2 — COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A QUITCLAIM OF PROPERTY AT 760 BROADWAY TO THE REDEVELOPMENT AGENCY FOR SALE TO CHBD CHULA VISTA, LLC WHEREAS, on June 10, 2003, the City Council and Redevelopment Agency held all required hearing and approved a Disposition and Development Agreement ( "DDA ") that provided for the sale of Agency owned property at 760 Broadway ( "Property'), and the development of mixed used project comprised of 40 "lane homes ", 9 apartments, and approximately 10,000 square feet of retail space ( "Project "); and WHEREAS, Agency staff and the Developer have been working to complete the entitlement process and to satisfy the various conditions to close of escrow; and WHEREAS, the Quitclaim of a portion of the Property from the City to the Agency is necessary to place the property back in the Agency's rightful ownership in preparation for the Agency approve transfer of all the Property to the Developer; and WHEREAS, the City took title to one half of the Property back in 1998 when the City foreclosed on that parcel following the Citron's default under the Broadway Village Business Homes DDA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approve the Quitclaim of Property at 760 Broadway to the Redevelopment Agency for sale to CHBD Chula Vista, LLC. Presented by Approved as to form by Laurie Madigan Director of Community Development J:\Attorney \Reso \Quitclaim 760 Broadway Cz — Annfloore CK Attorney AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A RECESSION AGREEMENT TO ELIMINATE UNNECESSARY CITY AND AGENCY INTERESTS IN PROPERTY AT 760 BROADWAY. WHEREAS, on June 10, 2003, the City Council and Redevelopment Agency held all required hearing and approved a Disposition and Development Agreement ( "DDA ") that provided for the sale of Agency owned property at 760 Broadway ( "Property "), and the development of mixed used project comprised of 40 "lane homes ", 9 apartments, and approximately 10,000 square feet of retail space ( "Project "); and WHEREAS, Agency staff and the Developer have been working to complete the entitlement process and to satisfy the various conditions to close of escrow; and WHEREAS, the Recession of various interests in the Property held by the City and Agency under various recorded documents is necessary to fulfill the Agency's agreement to convey "clean title" to the Property; and WHEREAS, the various interests to be rescinded are no longer necessary as they relate back to the Citron's abandoned project Broadway Village Business Homes. NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment Agency of the City of Chula Vista do hereby approve a Recession Agreement to eliminate unnecessary City and Agency interests in Property at 760 Broadway. Presented by Laurie Madigan Director of Community Development J:\ Attorney \Reso\Agreements \Recession Agreement Approved as to form by Ann Woore Cit Attorney and Agency unsel -5- RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING SUBORDINATION AGREEEMNT IN FAVOR OF KEYBANK NATIONAL ASSOCIATION, THE BROADWAY VILLAGE PROJECT CONSTRUCTION LENDER WHEREAS, on June 10, 2003, the City Council and Redevelopment Agency held all required hearing and approved a Disposition and Development Agreement ( "DDA ") that provided for the sale of Agency owned property at 760 Broadway ( "Property "), and the development of mixed used project comprised of 40 "lane homes', 9 apartments, and approximately 10,000 square feet of retail space ( "Project "), and WHEREAS, Agency staff and the Developer have been working to complete the entitlement process and to satisfy the various conditions to close of escrow; and WHEREAS, the Subordination Agreement is necessary to accommodate the interests of the Project's construction lender Keybank National Association; and WHEREAS, Staff recommends approval of the subordination agreement for the following reasons: 1. Staff modifications to the DDA, to go into effect concurrent with the Subordination Agreement, will allow the Agency, if it so elects, to exercise its reentry rights prior to the lender's foreclosure. 2. Various provisions in the proposed Subordination Agreement would give the Agency notice and opportunity to purchase the loan, or the Property, prior to a foreclosure transfer to a third party. 3. Even if a foreclosure transfer were to occur, the key development obligations for the Project would not be extinguished and would remain in effect (although up to a 12 month delay would be allowed). 4. Where a sophisticated lender is involved, some form of subordination is typical and reasonable for this type of transaction. 5. Keybank is a quality, experienced lender that is loaning the Developer over $12 million to construct the Project; Keybank's involvement makes it more likely the Project will be constructed and that no right of reentry remedy will be necessary in the first place. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve the Subordination Agreement in favor of Keybank National Association, the Broadway Village Project Construction Lender. PRESENTED BY APPROVED AS TO FORM BY L Laurie Madigan An oore Director of Community Development A ency Attorney J: \Attorney \Reso\Agreements\Agency Subordination Agreement — Y ATTACHMENT A RECORDING REQUESTED BY Commonwealth Land Title Company WHEN RECORDED MAIL THIS DOCUMENT AND TAX STATEMENTS TO: Redevelopment Agency of the City of Chula Vista APN: Escrow No: 04750483- 609 -CG1 Title No: use QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS $2- CITY TAX $ • computed on full value of property conveyed, OR • computed on full value less value of liens or encumbrances remaining at time of sale • unincorporated area ❑ City of Chula Vista, AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Chula Vista do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Redevelopment Agency of the City of Chula Vista the following real property in the city of Chula Vista, county of San Diego, state of California: Lots "A ", "B ", "C" and "D" of Parcel Map No. 17701, in the city of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego, County, May 31, 1996 Dated: April 8, 2004 City of Chula Vista Stephen C. Padilla, Mayor APPROVED AS TO FORM: ATTEST: Agency General Counsel /City Attorney City Clerk STATE OF CALIFORNIA COUNTY OF } SS: On , before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature MAIL TAX STATEMENTS AS DIRECTED ABOVE a -7 EAL OR STAMP PRELIMINARY CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 480.03 of the Revenuc and Taxation Code. A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all 58 counties of California. THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER /TRANSFEROR: Redevelopment Agency of the City of Chula Vista BUYER /TRANSFEREE: CHBD Chula Vista, LLC ASSESSOR'S PARCELNUMBER(S): PROPERTY ADDRESS OR LOCATION: 760 Broadway, Chula Vista, CA MAIL TAX INFORMATION TO: Name CHBD Chula Vista, LLC Address NOTICE: A lien for property taxes applies to your property on March I of each year for the taxes owing in the following fiscal year, July I through June 30. One -half of these taxes is due November I, and one -half is due February I. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November I to the owner of record. IF THIS TRANSFER OCCURS AFTER MARCH 1 AND ON OR BEFORE DECEMBER 31, YOU MAY BE RESPONSIBLE FOR THE SECOND INSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For further information on your supplemental roll obligation, please call the San Diego County Assessor . PART 1: TRANSFER INFORMATION Please answer all questions. YES NO ❑ ❑ A. Is this transfer solely between husband and wife (Addition of a spouse, death of a spouse, divorce settlement, etc.)? ❑ ❑ B. Is this transaction only a correction of the names) of the person(s) holding title to the property (For example, a name change upon marriage)? ❑ ❑ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property^ ❑ ❑ D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g. cosigner)^ 13 11 E- Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document'.' ❑ ❑ F- Did this transfer result in the creation of ajoint tenancy in which the seller (transferor) remains as one of the joint tenants? ❑ ❑ G. Does this transfer return property to the person who created the joint tenancy (original transferor)? ❑ ❑ H. Is this transfer of property: ❑ ❑ I. to a trust for the benefit of the grantor, or grantor's spouse? ❑ ❑ 2. to a trust revocable by the transferor? ❑ ❑ 3. to a trust from which the property reverts to the grantor within 12 years? ❑ ❑ I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options' ❑ ❑ .1. Is this a transfer from parents to children or from children to parents'. ❑ ❑ K Is this transaction to replace a principal residence by a person 55 years of age or older? ❑ ❑ L Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Code Section 69.5° It you checked yes to J, K. or L, an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessors to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J, K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FORM. PART 11: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B- Type of transfer- Please check appropriate box. ❑ Purchase ❑ Foreclosure ❑ Gift ❑ Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition ❑ Con nact of Sale - Date of Contract ❑ Inheritance- Date of Death ❑ Other: Please explain: ❑ Creation of Lease ❑ Assignment of a Lease ❑ Termination of a Lease Date lease began Original term in years (including written options) Remaining term in years (including written options) C Was only a partial interest in the property transferred'. ❑ Yes ❑ No If yes, indicate the percentage transferred RECORDING REQUESTED BY Commonwealth Land Title Company AND WHEN RECORDED MAIL TO: CHBD Chula Vista, LLC ATTN:Don Underwood 1903 Wright Place, Suite 120 Carlsbad, CA 92008 APN: Escrow No: 04750483- 609 -CG1 ATTACHMENT B ne for Recorder's use RESCISSION OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, TERMINATION OF AGREEMENTS AND REVOCATION OF TEMPORARY ACCESS AGREEMENT By this document, The Redevelopment Agency of Chula Vista, a public body, corporate and politic aka City of Chula Vista Redevelopment Agency and the City of Chula Vista, being the record owner(s) of the property ("Property") located in the City of Chula Vista, County of San Diego, State of California as more particularly described in Exhibit "A" attached hereto and made a part hereof, hereby declare that the following documents recorded in the Office of the County Recorder of San Diego County are hereby rescinded, cancelled, terminated and revoked in full: That certain Parcel Map Agreement dated March 21, 1996, executed by the City of Chula Vista, a Municipal Corporation and Broadway Village Business Homes, L.P., a California limited partnership recorded May 31, 1966 as File No. 1996- 0275110 of Official Records. That certain Agreement between the City of Chula Vista and Broadway Village Business Homes, L.P. dated May 14, 1996, executed by the City of Chula Vista and Broadway Village Business Homes, L.P., recorded May 31, 1996 as File No. 1996 - 0275111 of Official Records. That certain Temporary Access Easement, recorded May 31, 1996 as File No. 1996- 0275112 of Official Records as delineated on Parcel Map No. 17701. Those certain Covenants, Conditions, and Restrictions dated May 31, 1996 executed by the Redevelopment Agency of the City of Chula Vista and Broadway Village Business Homes, L.P., a California limited partnership, recorded May 31, 1996 as File No. 1996 - 0275114 of Official Records. Dated: April 9, 2004 Record Owner: SELLER: The Redevelopment Agency of the City of Chula Vista, The City of Chula Vista a public body, corporate politic aka City of Chula Vista Redevelopment Agency By: Stephen C. Padilla, Chairman Attest City Clerk By: Stephen C. Padilla, Mayor Approved as to Form City /Agency Attorney STATE OF CALIFORNIA COUNTY OF } SS: On before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature .,�-2 -/D FOR NOTARY SEAL OR STAMP Exhibit A All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL A: (571- 200 -37 through 58) Parcels 1 through 18 inclusive and Lots "A ", "B ", "C" and "D" of Parcel Map No. 17701, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County May 31, 1996. PARCEL B: (571- 200 -36) The Westerly 210 feet of the Easterly 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 and the Westerly 210.00 feet of the Easterly 270.00 feet of the North Half of the Southeast Quarter of the Southeast Quarter of said Quarter Section 164, of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. EXCEPTING FROM above described portion of the Northeast Quarter of the Southeast Quarter of Quarter Section 164, the Northerly 275.00 feet thereof. AND EXCEPTING FROM above described portion of the Southeast Quarter of the Southeast Quarter of Quarter Section 164, the Southerly 60 feet thereof. ALSO EXCEPTING THEREFROM Parcels 1 through 18 and Lots A, B, C and D of Parcel Map No. 17701, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County May 31, 1996. PARCEL C: (571 - 200 -13) The South 75.00 feet of the North 150 feet of the West 210.00 feet of the East 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869. PARCEL D: (571- 200 -14) The South 75.00 feet of the North 225.00 feet of the West 210.00 feet of the East 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 of the Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill and filed in the Office of the County Recorder, May 11, 1869. PARCEL E: (571- 200 -15) The South 50.00 feet of the North 275.00 feet of the West 210.00 feet of the East 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 of the Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. Recording requested by, and when recorded return to ATTACHMENT C KEYBANK NATIONAL ASSOCIATION Home Builder Group Mail Code: CA -04 -20 -0950 2029 Century Park East, Suite 950 Los Angeles, CA 90067 Attn: Ms. Josie Hidalgo SUBORDINATION AGREEMENT (Redevelopment Agency Rights) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT OR OTHER INSTRUMENT. This Subordination Agreement ( "Subordination Agreement ") is dated for reference purposes this 30th day of March, 2004, by CHBD CHULA VISTA, LLC, a California limited liability company ( "Developer "), REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic ( "Redevelopment Agency" or "Agency "), in favor of KEYBANK NATIONAL ASSOCIATION, a national banking association ( "Bank "), with reference to the following facts: RECITALS: A. Developer has purchased or will be purchasing that certain real property (together with all improvements now or hereinafter located or constructed thereon, the "Property") located in the City of Chula Vista, County of San Diego, State of California, which is more particularly described in EXHIBIT A attached hereto and incorporated herein by this reference, from Agency. B. Developer intends to develop 40 detached single family residences, each separately conveyable as a condominium, and 3 separate mixed use buildings, each containing 3 loft apartments, and together containing approximately 9,957 sq. ft. of retail/commercial space beneath the loft residences (the "Project "). C. To finance acquisition of the Property and construction of the Project, Developer is obtaining a loan from Bank in the principal amount of $12,216,000 (the "Loan ") The Loan is evidenced by a Promissory Note (Construction) (the "Note ") and a Residential Condominium Construction Loan Agreement (the "Loan Agreement "), both dated concurrently herewith, and secured by a Construction Deed of Trust, Security Agreement, Assignment of Rents, and Fixture Filing (the "Deed of Trust ") to be recorded in the Official Records of San Diego County, California (the "Official Records ") immediately prior to the recordation of this Subordination Agreement. The Note, the Loan Agreement, the Deed of Trust and all the other documents executed by Developer in connection with the Loan, as they may subsequently be extended, amended, or otherwise modified, are sometimes hereinafter referred to collectively as the "Loan Documents ". D. In connection with the development of the Property, Developer's predecessors, as "Developer," and the Redevelopment Agency, as "Agency," entered into that certain Disposition and Development Agreement (the "DDA ") dated as of June 10, 2003 and amended by those certain letter agreements dated November 19, 2003 and April , 2004. The rights and obligations of Developer's predecessors under the DDA have subsequently been assigned to and assumed by Developer pursuant to Assignments dated as of November 18, 2003 and November 19, 2003, both of which have been approved by the Redevelopment Agency. Subordination Agreement — Loan No. 9961736-9001 #269793 14657- 142.04 5s6912!.doc /,;2— page 1 E. Certain covenants contained in the DDA are also included in the grant deed under which Agency has conveyed title to the Property to Developer (the "Grant Deed "). Among other rights contained in the DDA and Grant Deed, the Redevelopment Agency holds an option to purchase the Property from Bank pursuant to Section 6.4 of the DDA (the "Option") and a right of re -entry as described in Section 5.7 of the DDA and Section 7 of the Grant Deed (the "Right of Re- Entry "). The DDA or a Memorandum thereof (the "Memorandum ") has been or will be recorded against the Property prior to recording of Bank's Deed of Trust. The DDA, the Grant Deed, any Memorandum that is recorded to memorialize the DDA, and all other documents executed pursuant thereto, or in connection therewith, as each may subsequently be extended, amended, or otherwise modified, are sometimes hereinafter collectively referred to as the `Agency Documents." The Option, Right of Re -Entry and all other rights and remedies of the Redevelopment Agency with respect to the Property under the Agency Documents are sometimes hereinafter collectively referred to as the "Agency Rights. " F. It is a condition precedent to Developer's obtaining the Loan that (i) the Deed of Trust and the other Loan Documents shall unconditionally be and remain at all times a lien and charge upon the Property prior and superior to the lien and charge of the Agency Rights and the Agency Documents, and (ii) the Redevelopment Agency specifically and unconditionally subordinates the lien and charge of the Agency Rights and Agency Documents to the Deed of Trust and the other Loan Documents, subject to the terms and conditions herein. AGREEMENT: In consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Bank to execute and deliver the Loan Documents and to disburse the proceeds of the Loan, it is hereby declared, understood and agreed as follows: I. Subordination of Agency Rights and Agency Documents. Subject to the terms and conditions set forth below, the Redevelopment Agency hereby subordinates all of its Agency Rights under the Agency Documents to the Deed of Trust and all other Loan Documents, and hereby confirms that the Bank's Deed of Trust and Loan Documents shall unconditionally be and remain at all times liens and charges on the Property prior and superior to the lien and charge of the Agency Rights and the Agency Documents. 1.1 Deed of Trust Survives Right of Reentry. So long as such Loan and Deed of Trust have not been cancelled, terminated, or extinguished as a result of payment in full of all obligations owing under the Loan Documents or as a result of the completion of a judicial or non - judicial foreclosure of the Deed of Trust, any exercise by the Redevelopment Agency of its Agency Rights under the Agency Documents shall be subject to the Loan and the Deed of Trust, and Agency specifically confirms that the title that shall transfer upon exercise of the Agency's Right of Reentry shall be subject to the Bank's Deed of Trust. 1.2 Deed of Trust Foreclosure Extinguishes Agency Rights Except Those Specifically Designated to Survive. So long as (i) Redevelopment Agency has been given concurrent Notice of Default, and Notice of Trustee's Sale, Notice of Sheriff's Sale, or other statutory notices of such foreclosure, or, (it) in the case of a deed in lieu of foreclosure following a Notice of Trustee's Sale, Bank or its successor has given Redevelopment Agency at least 30 days advance written notice of its intention to accept a deed in lieu of foreclosure, the consummation of any foreclosure sale (judicial or non - judicial) and/or any deed in lieu of foreclosure under the Bank's Deed of Trust (in either case, a "Foreclosure Transfer ") shall immediately terminate all Agency Rights under the Agency Documents, except only for the following rights and remedies that shall be preserved and shall survive such Foreclosure Transfer: 1.2.1 Any owner of the Property following a Foreclosure Transfer (a "Post- Foreclosure Transferee ") shall, subject to the qualifications in this section and in Section 2, continue to be obligated to construct, maintain, insure, and otherwise complete the Project according to the Redevelopment Plan, Project Description, Scope of Development, and Project Schedule (as those terms are defined in the DDA) and to comply with the prohibitions on discrimination and the obligations relating to use or leasing of the Property, all in Subordination Agreement — Loan No. 9901736 -9001 #269793 14657 - 142.04 5s6912Ldoc ,� -13 page 2 accordance with the following sections of the DDA and Grant Deed , which such sections shall survive a Foreclosure Transfer: DDA 2.11, 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.6, 3.1.7, 3.1.8, 3.1.9, 3.2, 3.4, 4.1, 4.2, 4.3, 4.5, 4.6, 5.2, Exhibit B, and Exhibit C Grant Deed 1, 2, 4, 5, 6, 8, 10, 12(b) and 14 In addition to the above - referenced sections, the following sections shall survive a Foreclosure Transfer, but, at any time following a Foreclosure Transfer (but not prior to a Foreclosure Transfer) shall be subject to the additional qualifications and /or limitations specified: Section Additional Qualification/Limitation DDA Section 2.14 Post - Foreclosure Transferees shall not be liable for any acts or omissions of prior owners DDA Section 4.4 Only the provisions of the DDA and Grant Deed that specifically survive under this Section 1.2.1 shall be covenants that run with the land and, therefore, binding on successors. Sections of the DDA and Grant Deed that are not specified in this Section 1.2.1 as surviving provisions shall not be applicable to any Post - Foreclosure Transferee. DDA Section 5.1 The first sentence of this section shall revised to state, "Subject to the extensions of time set forth in Section 7.4, failure or delay by either party to perform any term or provisions of this Agreement that specifically survive under Section 1.2.1 of this Subordination Agreement constitutes a default under this Agreement." DDA Section 5.3 Although all of the remedies that specifically survive under this Section 1.2.1 shall be cumulative, only the such remedies that specifically survive shall be available to the parties. Remedies in the DDA and Grant Deed that are included within sections not specified in this Section 1.2.1 as surviving shall not be available. DDA Section 5.4 Only a default under the provisions of the DDA that specifically survive under this Section 1.2.1 shall constitute a default. The provisions of Section 5.4.1 relating to notice, cure and ability to commence an action shall only apply with respect to defaults under the provisions of the DDA that specifically survive under this Section 1.2.1. DDA Section 5.5 Only a default under the provisions of the DDA that specifically survive under this Section 1.2.1 shall constitute a default. Parties may only pursue actions for specific performance for defaults under the provisions of the DDA that specifically survive under this Section 1.2.1. Grant Deed Section 11 Only the provisions of the DDA and Grant Deed that specifically survive under this Section 1.2.1 shall be covenants that run with the land and, therefore, binding on successors. Sections of the DDA and Grant Deed that are not specified in this Section 1.2.1 as surviving provisions shall not be applicable to any Post - Foreclosure Transferee. Grant Deed Section 12(a) Post - Foreclosure Transferees shall not be liable for any acts or omissions of prior owners Grant Deed Section 13 Only the provisions of the DDA and Grant Deed that specifically survive under this Section 1.2.1 shall be covenants that run with the land and, therefore, binding on successors. Sections of the DDA and Grant Deed that are not specified in this Section 1.2.1 as surviving provisions shall not be applicable to any Post - Foreclosure Transferee. Subordination Agreement —Loan No. 9961736-9001 #269793 14657-142.04 50912Ldoc / �/ page 3 All of the sections of the DDA and Grant Deed that survive, in whole or in part, under the terms of this Section 1.2.1 shall be subject to the following additional terms: (i) the provisions of the DDA and Grant Deed listed above constitute the only Agency Rights that shall survive a Foreclosure Transfer, (ii) this list of surviving Agency Rights is not intended to deprive any Post Foreclosure Transferee of the benefits of any other provisions of the DDA or Grant Deed that are intended to grant any rights or protections to any Post Foreclosure Transferee, including Bank, and (iii) with respect to such Post Foreclosure Transferee's obligation to complete the Project in accordance with the Project Schedule: (a) all deadlines in such Project Schedule shall be extended and all prescribed periods of time for completion of certain aspects of the Project shall be tolled for a "grace period" that includes (i) an initial period of time to enable Bank to obtain control of the Property equal to the lesser of 6 months or the time needed by Bank to complete a Foreclosure Transfer, plus (ii) an additional period of time for remarketing the Property to another builder and mobilization of such builder to complete the Project, which shall be equal to the lesser of 6 months or 60 days following a transfer by Bank or its Affiliate to a new builder for completion of the Project, and (b) all deadlines shall be further extended and all periods of time shall be further tolled by any period during which any bankruptcy stay, restraining order, or other legally binding prohibition or restraint is or was in effect with respect to Developer, any Post - Foreclosure Transferee, or the Property. 1.2.2 Bank agrees that Redevelopment Agency shall have ordinary contract remedies for failure by a Post - Foreclosure Transferee to comply with the obligations under Section 1.2.1 above, such as a right to recover damages or specific enforcement, but the Option and Right of Reentry contained in the DDA and/or Grant Deed shall have been fully extinguished by a Foreclosure Transfer and shall not be available to the Redevelopment Agency. However, the Redevelopment Agency shall have the additional rights set forth in Sections 1.3 and 1.4 below. 1.2.3 Notwithstanding the obligation of any Post Foreclosure Transferee to complete the Project as described in Section 1.2.1 above, such Post Foreclosure Transferee shall not be liable for damages arising from the breach of any covenants, conditions, or restrictions performed or which were required to have been performed prior to the time such Post Foreclosure Transferee acquired title to the Property, including but not limited to (i) Developer's non - payments of fees, penalties, or reimbursements relating to damages suffered due to actions or omissions of the Developer prior to the Foreclosure Transfer, or indemnifications made by Developer with respect thereto, (it) claims for breach of any representations or warranties made by Developer, or (iii) claims for defaults that are no longer susceptible of an effective cure. Without limiting the foregoing, Bank acknowledges and agrees that (a) any such Post Foreclosure Transferee shall not be entitled to the benefits intended to directly result from Developer's performance of certain actions or payments if such actions or payments have not occurred (e.g., if permit fees have not been paid for certain permits, a Post Foreclosure Transferee would not be entitled to such permits without paying the applicable fee); (b) Redevelopment Agency shall continue to have the right to pursue any and all claims for damages or reimbursement it may hav ewith respect to Developer which such claims shall not be extinguished by a Foreclosure Transfer. Redevelopment Agency specifically confirms that the Option to purchase the Property (Section 6.4), Right of Reentry (Section 5.7), and prohibitions against transfer (Section 3.3) contained in the DDA, among all other Agency Rights not specifically preserved above, shall be forever extinguished by a Foreclosure Transfer subject to the terns and conditions of this Subordination Agreement. 1.3 Make Whole Option. Notwithstanding extinguishment of all Agency Rights that are not specifically designated to survive a Foreclosure Transfer under Section 1.2, if a Bank or its affiliate becomes the owner of the Property through a Foreclosure Transfer, Redevelopment Agency shall, for a period of 30 days following such Foreclosure Transfer, have a new option (the "Make -Whole Option") to purchase the Property for a cash price equal to the sum of: Subordination Agreement— Loan No. 9961736-9001 page 4 #169793 14657- 142.04 509121.doc pG �S (i) the total amount of indebtedness owed under the Loan at the time of the Foreclosure Transfer (including, but not limited to, all principal, interest, costs and expenses (including all foreclosure costs and expenses and legal costs and expenses) to which Bank is entitled to reimbursement), less any rental income or other revenues received by Bank from the Property that has not already been applied to reduce such indebtedness; plus (ii) all costs incurred by Bank following such Foreclosure to operate, construct, complete, maintain, manage, protect, or preserve the Property or the improvements thereon, including but not limited to preservation actions, real property taxes, insurance, management fees, security fees, etc. (but without double counting if such amounts were included in item (i) above); plus (iii) all legal fees, recording costs, and other expenses incurred by Bank in connection with the conveyance of the Property to the Agency pursuant to this Make Whole Option; plus (iv) interest on the foregoing amounts at the Note Rate under the Loan Documents from the date of the Foreclosure Transfer or from the date when such additional costs were incurred to the date of closing the Make -Whole Option. Redevelopment Agency must notify Bank of its intention to exercise such Make -Whole Option within 30 days after the Foreclosure Transfer and must close its purchase of the Property pursuant to such Make -Whole Option within 30 days following Bank's receipt of such notice of intent. Time is of the essence and Agency's failure to meet either such deadline shall result in the lapse and termination of the Make -Whole Option. Upon the closing of the Make - Whole Option, the Property shall be conveyed in the condition of title that Bank or its Affiliate acquired through such Foreclosure Transfer. 1.4 Right of First Refusal. 1.4.1 Furthermore, and notwithstanding the extinguishment of the Agency Rights in accordance with Section 1.2 and the non - exercise of the Make -Whole Option by the Redevelopment Agency under Section 1.3, if Bank or an affiliate of Bank becomes the owner of the Property through a Foreclosure Transfer, Redevelopment Agency shall have a right of first refusal for the purchase of the Property in accordance with the terms of this Section 1.4 (the "Right of First Refusal "). Accordingly, prior to selling the Property to any other builder or other person, the Bank (or its affiliate) shall give Redevelopment Agency notice of the terms of such sale, including copies of the applicable sale documents, as soon as such sale terms have been negotiated and documented, and in any event at least 45 days in advance of the target closing date for such sale, and Redevelopment Agency shall have the right, upon timely notification of its exercise of such Right of First Refusal and timely closing, to acquire the Property in bulk on the same terms as have been offered by or agreed to by such builder or other person. 1.4.2 To exercise the Right of First Refusal, Redevelopment Agency shall give written notice of its election to exercise such Right of First Refusal within 30 days after receiving notice of the terms of such proposed sale by Bank or its affiliate to the builder or other person, and Bank (or its affiliate) and Redevelopment Agency shall then enter into a binding agreement on the same terms as were offered or agreed to by the other builder or other person, including price, condition of title, condition of property, and other terms (and the parties will agree to a modified or substituted term other than the essential terms listed above if by its special nature a term to another party is not reasonably capable of being met by Redevelopment Agency). Redevelopment Agency shall close its purchase of the Property under the Right of First Refusal by the later of (i) 15 days after the date the Agency provided notice to Bank of its election to exercise the Right of First Refusal, or (ii) the period of time for closing set forth in the purchase documentation between Bank and the builder or other person, unless, after having executed a purchase and sale agreement, such closing deadline is extended by mutual agreement of Agency and Bank. Bank understands that Redevelopment Agency may attempt to arrange a sale to a successor builder, which may be a sale by the Redevelopment Agency that closes simultaneously with the sale by the applicable Bank to the Redevelopment Agency, but Bank shall not be required to assume any additional obligations as a result of or in connection with such simultaneous closing to another builder and shall be defended and indemnified by Agency against any additional costs relating thereto. Subordination Agreement —Loan No. 9961736 -9001 page 5 4269793 14657- 142.04 5s69121.doc .y 1.4.3 Redevelopment Agency's failure to issue a written notice of its election to exercise the Right of First Refusal or Redevelopment Agency's refusal to accept such terms and agree in writing to purchase the Property on such terms shall enable Bank (or its affiliate) to sell the Property to such other purchaser on substantially the same terms (or more advantageous to such Bank or affiliate) as were offered to Redevelopment Agency for a period of 6 months from the date when such terms were offered to Redevelopment Agency until the closing of the sale, and such other purchaser shall be permitted to acquire the Property on such terms and free and clear of the Agency Rights (except the provisions of the DDA and the Grant Deed that are specifically designated to survive pursuant to Section 1.2), the Make -Whole Option, the Right of First Refusal, and any other option or right of first refusal in favor of Redevelopment Agency. If the closing fails to occur within the 6 month period as provided herein, Redevelopment Agency shall continue to have its right of first refusal set forth in this Section 1.4. 2. Technical Clarifications and Amendments Relating to DDA. Bank, Agency, and Developer agree and confirm as follows: 2.1 The outside date for "Close of Escrow" as described in Sections 2.1(d), 2.4.3, 2.6(d), Exhibit C, and any other reference thereto in the DDA has been changed to no earlier than "April 14, 2004." 2.2 The right of the Agency to give a notice to Developer pursuant to Section 5.7(a) of the DDA that requires completion of the improvements may only be given on or after the date when Developer was obligated to have completed the improvements, as such deadline has been or may have been extended pursuant to Section 3.1.2 of the DDA. 2.3 If Redevelopment Agency exercises its Right of Reentry as against Developer, Bank's Deed of Trust shall survive as a lien against the Property and shall be paid from any proceeds from the Redevelopment Agency's resale of the Property that are available under payment tier (a) under the provisions of Section 5.7 relating to Redevelopment Agency's resale of the Property. 2.4 Section 6.3 of the DDA and Section 9 of the Grant Deed shall not be interpreted to prevent Bank, acting under the powers given to it under the Loan Documents, and whether acting through a receiver, on its own behalf, or otherwise, from continuing or completing construction of improvements on the Property in order to cure any default by Developer under the DDA, and in doing so, Bank shall not be deemed to have assumed any or all obligations of Developer unless Bank in its sole discretion specifically assumes such obligations in writing. However, if Bank undetakes to continue or complete any improvements with respect to a particular lot or building, it shall do so in accordance with the Redevelopment Plan, Project Description, Scope of Development, and approved Drawings. 2.5 It is specifically acknowledged that a material uncured default by Developer under the DDA, Grant Deed or any other Agency Documents shall constitute an Event of Default under the Loan Documents. Bank specifically agrees that following such an Event of Default and prior to any Foreclosure Transfer, Redevelopment Agency shall have the right to purchase the Loan from Bank, without discount and without recourse, at a price equal to the total amount of indebtedness outstanding under the Loan as of the date on which the purchase of the Loan is consummated. Developer, on behalf of itself and any of its successors, assigns, trustees, receivers, or other representatives, hereby waives any claims that it might have against Bank or Redevelopment Agency for sale of the Loan to Redevelopment Agency as described herein. 2.6 Redevelopment Agency confirms that the lien granted to it under Section 6.5 of the DDA for any expense incurred by it in curing a default by Developer under the Loan Documents is and shall be subordinate and inferior to the Deed of Trust held by Bank. 2.7 If Bank acquires the Property through a Foreclosure Transfer and subsequently transfers it to another party (other than an affiliate of the Bank) within 9 months after such Foreclosure Transfer and without undertaking any substantial construction or other activities on the Property other than preservation actions which are properly performed, then, upon such transfer, Bank shall be fully and automatically released of any and all liabilities and obligations to Redevelopment Agency with respect to the Property except for obligations and Agency Rights Subordination Agreement— Loan No. 9961736-9001 page 6 #269793 14657-142.04 5s6912 .'.dot under the DDA that survive in accordance with Section 1.2.1 herein and as applicable to Bank's period of ownership. 2.8 The notice provisions of the DDA, including but not limited to Section 7.1 of the DDA, are hereby incorporated herein by reference, and Bank and Redevelopment Agency acknowledge and agree that any notice required to be provided under the terms of this Agreement shall be sufficient if provided to the addresses and in the manner specified for notices in the DDA. Notices to Bank shall be delivered to the address set forth in the Deed of Trust. 3. Bank's Reliance. Bank would not execute and deliver the Loan Agreement, the other Loan Documents or otherwise make the Loan without this Subordination Agreement. 4. No Other Agreements. This Subordination Agreement shall be the whole and only agreement with regard to the subordination of the lien and charge of the Agency Rights and the Agency Documents to the lien and charge of the Deed of Trust. This Subordination Agreement shall supersede and cancel (but only insofar as would affect the priority between (i) the Agency Rights and the Agency Documents and (ii) the Deed of Trust) any prior agreements as to any provisions in the Agency Documents which relate to the relative priorities of the Agency Documents and any mortgages or deeds of trust. Furthermore, as between Bank and Redevelopment Agency, to the extent that any provisions herein are inconsistent with the provisions of the Agency Documents, the provisions of this Subordination Agreement shall supersede and control, and Redevelopment Agency may not enforce any provisions of the Agency Documents that are inconsistent with this Subordination Agreement if Bank objects thereto in writing. However, this Subordination Agreement is not intended for the benefit of Developer, and Developer, in its own right and without any action or assistance by Bank, shall not have any right to assert any rights under this Subordination Agreement in an attempt to avoid any obligations under the DDA or other Agency Documents. 5. Redevelopment Agency's Acknowledgement. The Redevelopment Agency acknowledges receipt of a copy of (a) the Loan Agreement, the other Loan Documents and all instruments and documents recorded or to be recorded in connection with the Deed of Trust, and (b) all agreements, including, but not limited to, any loan or escrow agreements between Developer, Bank or any other party in connection with the making of the Loan. Redevelopment Agency hereby confirms that the Loan is "Approved Financing" pursuant to Section 2.4.1 of the DDA. 6. No Duty Regarding Application of Loan Proceeds. Bank is not under any obligation or duty to, nor has any such entity represented that it will, supervise the application of the Loan proceeds by the person or persons to whom such proceeds are disbursed. Bank, in making any disbursements, shall be under no obligation or duty to, nor has it represented that it will, supervise the application of such proceeds by the person or persons to whom such proceeds are disbursed. No application or use of the Loan proceeds shall defeat the subordination herein made in whole or in part. 7. Modification of Loan Documents. 7.1 Loan Modifications Requiring Reaffirmation By Agency. Subject to the provisions of Section 7.2, the following modifications to the Loan Documents shall constitute "Reviewable Modifications," and, as a condition of the continued effectiveness of this Agreement, shall require the Redevelopment Agency's reaffirmation of the subordination provisions of this Agreement, in writing, which prior reaffirmation shall not be unreasonably withheld by Agency so long as it is not sought under Section 7.1.3 in which case Agency may rpovide or withhold reaffirmation in its sole discretion. 7.1.1 increasing the interest rate charged under the Loan (other than an increase to a default rate and imposition of late charges after default or increases in the interest rate as a result of increases of the index rate that is used by Bank as its base or index rate under the Loan); Subordination Agreement— Loan No. 9961736-9001 page 7 #269793 14657-142.04 5s6912!.do, _� 7.1.2 increasing the total amount of the Loan by more than five percent (5.0 %), at any one time, or in the aggregate or amending the loan -to- value, loan- to-cost, or other disbursement controls under the Loan such that the amount per home that Bank advances under its loan is increased by more than five percent (5.0 %) (or 7.1.3 authorizing disbursements of the Loan to be used for properties other than the Property described herein or for purposes other than the acquisition, development, financing, construction, operation, marketing, sale, leasing, or other uses of the Property permitted under the DDA. 7.2 Modifications Not Requiring Reaffirmation. The terms of this Agreement shall automatically apply to the following additional advances, extensions, amendments, or other modifications of the Loan Documents, without the need for any written reaffirmation or other written agreement by Redevelopment Agency: 7.2.1 any and all additional advances, extensions, amendments, or other modifications of the Loan Documents or Deed of Trust that do not constitute or contain any Reviewable Modifications as defined in Section 7.1; 7.2.2 after an event of default under the Loan and until such default is completely cured, Bank's election to advance funds sufficient to cure such defaults or to complete the construction, marketing, and sale of all of the homes in the Project, even though such additional advances may result in the aggregate amount advanced by Bank exceeding the original principal amount of the Loan or the amount of increase permitted in Section 7.1.2 above; and/or 7.2.3 regardless of whether a default has occurred under the Loan Documents, Bank's election to advance additional funds to preserve or protect the Project and its security in the Project, including but not limited to advances to prevent waste or destruction, to pay or prevent hens, to pay taxes, insurance premiums, or other assessments or charges against the Project, to defend Developers title or Bank's lien priority, to pay collection costs or other expenses reimbursable by Developer under the Loan Documents, or to address any other risks reasonably perceived by Bank as jeopardizing its security interest in the Project. 7.3 Provisions Regarding Protective Advances. All advances made by Bank under Sections 7.2.2 and 7.2.3 shall be referred to as the "Protective Advances. " Notwithstanding any other provision of this Agreement to the contrary, (a) the loan- to-value and/or loan -to -cost requirements set forth in the Loan Documents need not be maintained if such Protective Advances are made by Bank, and (b) if Bank makes Protective Advances that conform to the terms and conditions set forth in Sections 7.2.2 and 7.2.3 above or otherwise modifies the Loan Documents as permitted in Section 7.2.1 above, the reaffirmation of this Agreement by the Redevelopment Agency shall not be a condition to the ongoing effectiveness of this Agreement, which ongoing effectiveness shall be automatic. 8. Release of Agency Rights and Agency Documents. Without limitation on the foregoing, the Redevelopment Agency hereby agrees, upon Bank's request, to execute, acknowledge and deliver to Bank a written release of the lien of the Agency Documents with respect to any condominium unit or other portion of the Property conveyed to any third party purchaser or homeowner's association. 9. Waiver of Marshalling Rights. The Redevelopment Agency, for itself and for all of the persons and entities hereafter claiming through it or who at any time hereafter become holders of the Agency Rights and/or the Agency Documents, hereby expressly waives and releases all rights to have the Property marshalled upon any foreclosure of the Deed of Trust. The trustee under the Deed of Trust, or any court in which the foreclosure of the Deed of Trust is sought, shall have the right to sell the Property encumbered by the Deed of Trust as a whole or in one or more parcels. Notwithstanding the foregoing, Bank agrees that prior to (i) recording of a final parcel map against the Property to segregate the Property into separate parcels and/or units in a manner that is materially compliant with the terms and requirements of the Agency Documents; and (ii) recording of "Covenants, Conditions Subordination Agreement - Loan No. 9961736 -9001 page 8 4269793 14657- 142.04 5s6912!.doc �� and Restrictions" against the Property (the title of which may differ) that has been approved by the Agency required under the approved tentative parcel map for the Project, Bank agrees that any judicial, non - judicial or other Foreclosure Transfer of the Property will include all of the Property and that Property will not be transferred in separate parcels prior to satisfaction of such conditions. 10. Restrictions on Foreclosure Rights and Right of Re -Entry. 10.1 Bank agrees that it will not commence proceedings or effectuate a Foreclosure Transfer, and Redevelopment Agency agrees that it will not commence proceedings to exercise its Right of Re- Entry, unless and until the following conditions have been satisfied: (a) such party (Bank, in the event it intends to commence proceedings or effectuate a Foreclosure Transfer, or Redevelopment Agency, in the event it intends to exercise its Right of Re -Entry) shall have given written notice to the other party (Redevelopment Agency, in the event Bank intends to commence proceedings or effectuate a Foreclosure Transfer, or Bank, in the event Redevelopment Agency intends to exercise its Right of Re -Entry) of its intent to take such action, and (b) Bank and Redevelopment Agency shall have consulted with each other regarding such action for a period of not less than 10 days and made good faith efforts to comply with any reasonable requests from the other party in connection with such action. 10.2 Notwithstanding the foregoing, this provision shall not prevent Bank from declaring an event of default nor shall it impose any delay or waiting period for Bank to begin accruing interest at the default rate under the Loan Documents. Also, this provision shall not prevent Bank from taking emergency action to protect the collateral for the Loan from damage, waste, misappropriation of funds by Developer, threats of liens or adverse title challenges, or other jeopardy; provided that Bank has first given notice of its intention to take such protective measure to Redevelopment Agency. 10.3 The restrictions imposed on Bank and Redevelopment Agency in this Section 10 are intended to benefit Bank and Redevelopment Agency, but not Developer. Developer agrees that Bank and Agency may communicate directly about any and all matters relating to their respective rights under the Loan Documents or Agency documents, including, after an event of default under either such documents, communication between Bank and Agency relating to any default remedies that may be pursued or possible loan restructurings or workout arrangements. Developer hereby authorizes such communications, waives any and all rights to prior notice of such communications, waives any right to demand to be present at any such discussions, and waives any right to assert claims that such meetings or discussions were improper or constitute a basis for a claim of lender liability or other tortious activity. 11. Successors and Assigns. This Subordination Agreement shall inure to the benefit of and be binding upon the Redevelopment Agency, Developer and Bank and their respective successors and assigns. 12. Counterparts. This Subordination Agreement and any subsequent modifications, amendments, waivers, consents or supplements thereof, if any, may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original and all of which counterparts together shall constitute one and the same instrument. 13. No Third Party Beneficiaries. There shall be no third party beneficiaries to any of the rights or obligations under the terms of this Subordination Agreement. 14. Developer's Continuing Obligations Post Foreclosure Transfer. Notwithstanding the occurrence of a Foreclosure Transfer, Developer shall continue to be (a) liable to the City of Chula Vista and Redevelopment Agency for damages caused by a Developer default under the DDA, and (b) obligated to fulfill Developer's obligations to indemnify, protect defend and/or hold harmless the City of Chula Vista and Redevelopment Agency under the DDA. [signatures appear on following page] Subordination Agreement— Loan No. 9961736 -9001 page 9 #269793 14657 - 142.04 5s69121.doc _�� IN WITNESS WHEREOF, the parties hereto have executed this Subordination Agreement as of the date first set forth above. Developer: CHBD CHULA VISTA, LLC, a California limited liability company By: Concordia Communities, LLC, a Delaware limited liability company, its Manager Donald P. Underwood Its Manager Redevelopment Agency: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic By Name: Title: Approved as to form this _ day of March, 2004 City Attorney of City of Chula Vista and General Counsel for the Redevelopment Agency of City of Chula Vista, California Subordination Agreement — Loan No. 9961736-9001 page 10 4269793 !4657 - 142.04 5.s6912!.doc —..;2— EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: PARCEL A: (571- 200 -37 through 58) Parcels 1 through 18 inclusive and Lots `A ", `B ", °C and "D" of Parcel Map No. 17701, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County May 31, 1996. PARCEL B: (571- 200 -36) The Westerly 210 feet of the Easterly 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 and the Westerly 210.00 feet of the Easterly 270.00 feet of the North Half of the Southeast Quarter of the Southeast Quarter of said Quarter Section 164, of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. EXCEPTING FROM above described portion of the Northeast Quarter of the Southeast Quarter of Quarter Section 164, the Northerly 275.00 feet thereof. AND EXCEPTING FROM above described portion of the Southeast Quarter of the Southeast Quarter of Quarter Section 164, the Southerly 60 feet thereof. ALSO EXCEPTING THEREFROM Parcels 1 through 18 and Lots A, B, C and D of Parcel Map No. 17701, in the City of Chula Vista, County of San Diego, State of California, flied in the Office of the County Recorder of San Diego County May 31, 1996. PARCEL C: (571- 200 -13) The South 75.00 feet of the North 150 feet of the West 210.00 feet of the East 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill, filed in the Office of the County Recorder of San Diego County, May 11, 1869. PARCEL D: (571- 200 -14) The South 75.00 feet of the North 225.00 feet of the West 210.00 feet of the East 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 of the Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, made by Morrill and filed in the Office of the County Recorder, May 11, 1869. PARCEL E: (571- 200 -15) The South 50.00 feet of the North 275.00 feet of the West 210.00 feet of the East 270.00 feet of the South Half of the Northeast Quarter of the Southeast Quarter of Quarter Section 164 of the Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill and filed in the Office of the County Recorder of San Diego County, May 11, 1869. Subordination Agreement — Loan No. 99 61 73 6 -90 01 #269793 14657- 142.04 5s6912.1doc Exhibit A ALL- PURPOSE ACKNOWLEDGMENT STATE OF COUNTY OF SS. On before me, DATE NAME, TITLE OF OFFICE- E.G., "JANE DOE, NOTARY PUBLIC personally appeared o personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. CAPACITY CLAIMED BY SIGNER: o INDIVIDUAL(S) o CORPORATE OFFICER(S) TITLE TITLE o PARTNER(S) o ATTORNEY -IN -FACT o TRUSTEE(S) o SUBSCRIBING WITNESS GUARDIAN /CONSERVATOR o OTHER Witness my hand and official seal. SIGNATURE OF NOTARY SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT Signer(s) Other Than Named Above DESCRIBED AT RIGHT: Subordination Agreement— Loan No. 9961736 -9001 Acknowledgements #269793 14657142.04 5s6912!.doc - .23 ALL - PURPOSE ACKNOWLEDGMENT STATE OF + COUNTY OF Itj SS. On before me, DATE NAME, TITLE OF OFFICE - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared o personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CAPACITY CLAIMED BY SIGNER: o INDIVIDUAL(S) o CORPORATE OFFICER(S) TITLE TITLE o PARTNER(S) o ATTORNEY -IN -FACT o TRUSTEE(S) o SUBSCRIBING WITNESS GUARDIAN /CONSERVATOR o OTHER Witness my hand and official seal. SIGNATURE OF NOTARY SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above Subordination Agreement — Loan No. 9961736-9001 #269793 14657- 142.04 5.s6912!.doc Acknowledgements ALL- PURPOSE ACKNOWLEDGMENT STATE OF COUNTY OF SS. On before me, DATE NAME., TITLE OF OFFICE - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared o personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CAPACITY CLAIMED BY SIGNER: o INDIVIDUAL(S) o CORPORATE OFFICER(S) TITLE TITLE o PARTNER(S) o ATTORNEY -IN -FACT o TRUSTEE(S) o SUBSCRIBING WITNESS GUARDIAN /CONSERVATOR o OTHER Witness my hand and official seal. SIGNATURE OF NOTARY SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of This certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT Signer(s) Other Than Named Above DESCRIBED AT RIGHT: Subordination Agreement — Loan No. 9961736-9001 Acknowledgements #269793 /4657 - 142.04 5s6912Ldoc o? -oZs PAGE 1, ITEM NO.: 3 MEETING DATE: 04 -20 -04 CITY COUNCIL /REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: CONSIDERATION OF VARIOUS ACTIONS IN CONNECTION WITH THE PROPOSED 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO THE 2004 AMENDMENT, IN THE FORM OF THE AMENDED AND RESTATED REDEVELOPMENT PLAN, TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM EIR FOR THE 2004 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, TO THE MERGED CHULA VISTA REDEVELOPMENT PROJECT 3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX INCREMENT REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33676 AND THE CITY'S SHARE OF TAX INCREMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5 WITH RESPECT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA 4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE- INCOME HOUSING OUTSIDE THE PROJECT AREA, WILL BE OF BENEFIT TO THE PROJECT AREA 5) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE- INCOME HOUSING OUTSIDE THE PROJECT AREA, WILL BE OF BENEFIT TO THE PROJECT AREA 6) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A METHOD OF RELOCATION FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT IN CONJUNCTION WITH THE 2004 AMENDMENT THERETO 7) 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 RED PMENT PROJECT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTO REVIEWED BY: EXECUTIVE DIRECTOR [/'L'' -1 4 /5TNS VOTE: YES F1 NO XX PAGE 2, ITEM NO.: 3 MEETING DATE: 04 -20 -04 BACKGROUND The Redevelopment Agency has initiated the process to amend the Merged Chula Vista Redevelopment Project (comprised of the Town Centre II, CMay 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 existing redevelopment plans into a single 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 affect at the time. Consequently, the documents vary dramatically; their financial merger in 2000 highlighted these inconsistencies. Additionally, the proposed Added Area (see #2 below) incorporation into the redevelopment plan creates an opportune time to update and consolidate the existing Redevelopment Plans. 2) To achieve a comprehensive redevelopment program, add the necessary properties along Broadway, Third Avenue and other west Chula Vista commercial and industrial corridors to the Project Area. The Added Area consists of 494 acres of property that is generally contiguous to the existing Project Areas. Adding this property 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 authority, consistent with Agency policy in its Redevelopment Project 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 property in the Otay Valley and Town Centre II constituent areas, while exempting from eminent domain occupied residential property in a residential zone in the Town Centre II area. (Otay Valley has no residentially zoned property and therefore does not need a special exemption.) On March 23, 2004, the City Council and Agency held a joint public hearing on the 2004 Amendment, during which 2 written objections were received and 15 individuals provided a variety of oral comments on the Amendment. On April 20, 2004, the 2004 Amendment is presented to the City Council for consideration following consideration of certain procedural and policy matters involving the Merged Chula Vista Redevelopment Project Area. 3-a PAGE 3, ITEM NO.: 13 MEETING DATE: 04 -20 -04 RECOMMENDA TIONS 1) That the City Council adopt the following resolutions: a. Resolution adopting written responses to written objections to the 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan, to the Merged Chula Vista Redevelopment Project; b. Resolution certifying the Final Program EIR for the 2004 Amendment, in the form of an Amended and Restated Redevelopment Plan, to the Merged Chula Vista Redevelopment Project; c. Resolution electing to receive all or a portion of the tax increment revenues pursuant to Section 33676 and the City's share of tax increment pursuant to Health and Safety Code Section 33607.5, with respect to the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area; and d. Resolution finding that the use of low and moderate income housing funds from the Merged Chula Vista Redevelopment Project Area, for the purpose of increasing, improving, and preserving the community's supply of low- and moderate - income housing outside the Project Area, will be of benefit to the Project Area. 2) That the Redevelopment Agency adopt the following resolutions: a. Resolution finding that the use of low and moderate income housing funds from the Merged Chula Vista Redevelopment Project Area, for the purpose of increasing, improving, and preserving the community's supply of low- and moderate- income housing outside the Project Area, will be of benefit to the Project Area; b. Resolution adopting a Method of Relocation for the Merged Chula Vista Redevelopment Project in conjunction with the 2004 Amendment thereto; 3) That the City Council conduct the first reading of the Ordinance approving and adopting the 2004 Amendment (in the form of an amended and restated redevelopment plan) to the Merged Chula Vista Redevelopment Project. BOARDS /COMMISSIONS RECOMMENDATION: The Report to the City Council (presented at the March 23, 2004 public hearing) includes reports and recommendations on the 2004 Amendment from the Town Centre Project Area Committee, the Added Area Project Area Committee, and the Planning Commission. A summary of each of these reports and recommendations 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 their Resolution No. 2003 -003 recommending that the City Council adopt the Amendment in the form of the Amended and Restated Redevelopment Plan, the Owner Participation Rules, and the Method of Relocation. 3-3 PAGE 4, ITEM NO.: 3 MEETING DATE: 04 -20 -04 Added Area Proied Area Committee In January 2003, the Added Area PAC was formed by an election process, and subsequently conducted twelve public meetings to review the proposed 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. At their final meeting on October 9, 2003, the Added Area PAC adopted Resolution No. 2003- 01 recommending that the City Council adopt 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. If the 2004 Amendment is adopted by the City Council, the Added Area PAC would continue to operate for a three -year period. Planning 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. PCM0414 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 Resolution No. 04 -01 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 six separate items relating to the 2004 Amendment: 1) Adopting written responses to written objections submitted at the joint public hearing; 2) Certifying the Final Program EIR for the 2004 Amendment; 3) Electing to receive the City's share of property tax increment revenue; 4) Finding that the use of housing funds outside the Project Area are of benefit to the Project Area (City Council and Agency actions); 5) Adopting a Method of Relocation; 3 -y PAGE S, ITEM NO.: 3 MEETING DATE: 04 -20 -04 6) Conducting the first reading of the Ordinance adopting the 2004 Amendment. Before discussing the actions before the City Council and Agency tonight, it is appropriate to recap the extensive plan amendment process, culminating with the joint public hearing on March 23. The proposed Amendment presents an important opportunity for Chula Vista in the City's efforts to more effectively respond to the overwhelming community development needs in the western part of Chula Vista. In spite of all the City's efforts to provide the necessary infrastructure (such as street improvements to Broadway, Fifth Avenue, Orange, Palomar Street, H Street, etc.) and capital improvements (such as the South Chula Vista Library, Otay Recreation Center, etc.) many parts of the area still require much needed improvements, particularly to private property. These needs are further emphasized by the booming development taking place first in Eastlake and then in other new neighborhoods in the eastern part of the City. In many ways, while the community recognized the growing disparity between the quality of life in these other areas as compared to older parts of the City, little could be done about it because the City lacked the financial resources to help property owners, businesses, and residents with capital and public improvements. These issues became a reoccurring theme in the City's General Plan and the Economic Development Strategy, and led to several (albeit under funded) initiatives like the Broadway Revitalization Plan. The proposed expansion of the Redevelopment Area may provide the financial resources for the Redevelopment Agency and the City to assist on the renovation of the western part of the City. Over the years, property owners, businesses, and residents from west Chula Vista have demanded more attention from the City, more investments in public infrastructure, and incentives to redevelop. Indeed, the City proceeded cautiously into redevelopment; it was not until 1990 that the Agency made its largest expansion of redevelopment into west Chula Vista commercial areas into its redevelopment program. Still, less than half of the Broadway and Third Avenue commercial corridors are included in a redevelopment area, leaving the City severely handicapped to offer to community development programs in areas where they are needed most. In an effort to address these issues, the Agency initiated a process to adopt the 2004 Amendment. As this process progressed, some sectors of the public expressed concern about the expansion of the redevelopment area (known as the "Added Area ") and the proposed inclusion of eminent domain. Trailer Park residents (seven of which are within the Added Area, all in commercial zones) heard rumors that they should sell and move out before the Amendment would be adopted. Business owners in the northern part of the Added Area were convinced that the City desired to remove industrial businesses in favor of retail developments. Even the members of Added Area Project Area Committee came in with a predisposition that redevelopment would only be injurious to local property owners and businesses. In response to each of these concerns, the Community Development Department staff undertook the largest scale community outreach program for redevelopment in the City's history, meeting extensively with residents, business groups, and others to allay these concerns and present the facts. Several informational handouts were prepared by staff and consultants to assist the community's understanding. Slowly, the public seemed to respond to staff's presentations positively, as evidenced by the fact that initially hundreds of people expressed fears, confusion, 3-5- PAGE 6, ITEM NO.: 3 MEETING DATE: 04 -20 -04 and anger, but only 15 people spoke at the March 23 public hearing, and among that number were those posing questions and one business owner who spoke in support of the Amendment. Redevelopment has its opponents. Not everyone likes the idea of "government' redeveloping private property under any circumstances. There are false impressions in every community that redevelopment does more harm than good. Indeed, not everyone will be convinced that redevelopment of the Added Area, or any other part of west Chula Vista, is essential. However, the City must respond to the needs of the community as a whole, particularly those in west Chula Vista that demand more resources and public investment. The City has delayed for a long time this relatively modest expansion of the redevelopment area into commercial areas in the City, an expansion that is critical and necessary if the City is to ever have the dedicated funding source that only redevelopment can provide. Redevelopment indeed provides significant benefits to the community, particularly the property owners, residents, and businesses located within the Project Area. The goal of Redevelopment is first and foremost to improve the area. Redevelopment has proven, throughout the State during the past thirty years, that it is an effective tool to improve communities. Many cities have been greatly improved through the use of Redevelopment tools. Through Redevelopment, property tax increment revenue (which comes from a portion of the taxes paid by Project Area property owners) remains within the area. These funds by law must be expended on capital projects that benefit the Project Area. This is significantly different from how most property tax revenues are used, since taxing agencies like the County, school districts, and the City are not held to expending any particular level of funds within the Project Area, and most dollars are used to cover operational costs. Revenues generated by Redevelopment are not additional taxes imposed on property owners; the flow of revenues is generated by distributing monies in a different manner between the Redevelopment Agency and other taxing agencies. When a redevelopment area is adopted, part of the taxes paid by property owners go to the Redevelopment Agency instead of going to the State, County or other agencies. This allows the Agency to spend those revenues within the redevelopment area. This leads to other benefits, namely, due to the dedicated flow of funds for capital projects that comes from tax increment revenues, the Redevelopment Agency will be able to do more in the way of traffic, on- street parking, utility, accessibility, and other infrastructure improvements for the Project Area. This means that Project Area properties will see more being done to improve circulation, public safety hazards, and the visual appeal of the area in the future. Finally, redevelopment provides additional funds for commercial rehabilitation projects, incentives to redevelop obsolete and incompatible properties, and mandatory set - asides for affordable housing development, improvement and preservation. During its implementation in Chula Vista, Redevelopment has provided a variety of programs, such as street and landscape improvements, private building fagode loans and grants, sign improvement funds that have greatly improved various areas of the western part of the city. The Redevelopment Agency has also partnered with property owners and developers to undertake a variety of new projects that have created significant investment, physical improvements, jobs, and economic activity in the city. With the adoption of the proposed 2004 Amendment, similar programs will be made available to the property owners and tenants of the Added Area. 3-40 PAGE 7, ITEM NO.: 3 MEETING DATE: 04 -20 -04 Written Resaonses Redevelopment Law requires that before the City Council adopt or amend a redevelopment plan, it shall prepare written responses to all written objections submitted at or prior to the public hearing. A total of two written objections were received by the close of the March 23 joint public hearing. In general, most of the objections requested that the City Council not adopt the Amendment. Both of the written objections generally expressed disagreement over the merits of expanding redevelopment into the Added Area and the inclusion of eminent domain over Added Area property. The letter from Angela Maidment on behalf of Estes Express Lines documented concerns that eminent domain authority for redevelopment purposes would leave their business "powerless in holding on to (their) property or (their) ability to financially afford the cost of redevelopment elsewhere." The same letter also implied that the Agency sought to remove industrial businesses from the Project Area. The letter from Kent and Alicia Thompson also expressed reservations about extending eminent domain authority in the Added Area, as well as their desire to rezone their home to a residential use. The written responses respond to these objections by correcting some misstatements contained in the objection letters and clarifying the purpose and intent of the Amendment. Moreover, the responses explain that eminent domain is rarely used by the Agency, but can be essential if the City is to achieve its long term goals to revitalize west Chula Vista, where small lots and mixed ownership have caused much of the area to stagnate. Finally, the responses explain that the Redevelopment Plan would conform to the City's General Plan and other zoning codes, and does not impose a different set of land use controls on Project Area properties. If a property is consistent with the land uses designated by the General Plan, the Redevelopment Plan would not alter these policies. On the other hand, if a property does not conform to the City's designation, the Redevelopment Plan itself does not force an owner to redevelop their property or change the use. If an owner desires to change the land use designation for their property, they could pursue such a change via the City's planning process to effect a General Plan amendment and zone change. The Redevelopment Plan (and 2004 Amendment) would not alter this process. Attached to the resolution are the two objection letters and the City Council's response to these written objections. Included with each written response are findings overruling each objection. Certification of Final EIR As presented at the joint public hearing, a program EIR was prepared 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, Geology /Soils, Hydrology/Water Quality, Land Use /Planning, Noise, Transportation/Traffic, 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 includes information gathered from the Initial Study /Notice of Preparation correspondence from utility /service providers, available literature /reference documents, and consultation with potentially affected public agencies. 3-7 PAGE 8, ITEM NO.: 3 MEETING DATE: 04 -20 -04 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 Program EIR provides as much environmental analysis as possible at this time without being speculative, and it is anticipated that subsequent environmental analysis pursuant to CEQA will be required in the future once more detailed information for public improvement and private development projects become available. In general, the EIR concluded that because of consistency with the City's General Plan, adoption of the 2004 Amended and Restated Redevelopment Plan would not result in any significant unmitigated environmental impacts provided that the mitigation measures identified in the EIR are implemented. 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. The issues identified in the EIR are described in more detail in Section K of the Report to the City Council presented to the City Council at the March 23, 2004 meeting. Three project alternatives 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 evaluated to determine their relative environmental impacts and how they could meet redevelopment objectives. The selection of the recommended project has substantial environmental, planning, social, fiscal and other benefits that the alternatives cannot provide. The 2004 Amendment will not create or generate any significant irreversible environmental changes that cannot be mitigated to a level of less than significant. 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 the Sweetwater Authority, the City of San Diego, the County of San Diego, U.S. Fish and Wildlife Service, SDG &E, and SANDAG. The Planning Commission closed the 45 -day review period for the EIR on October 8, 2003. Responses to the comments received have been mailed to the appropriate parties and incorporated into the Final EIR, and a mitigation monitoring reporting program and findings of fact have been prepared and incorporated into the Final EIR. On March 3, 2004, pursuant to City policy, the Planning Commission adopted Resolution No. 04- 01 certifying the EIR and recommending that the City Council also certify the EIR. No comments on the EIR were submitted at the March 23 joint public hearing. The enclosed City Council resolution would certify the Final EIR. City Council Election on Property Tax Revenues Pursuant to Redevelopment Law, the Redevelopment Agency receives revenue generated by increases in the value of property within the Redevelopment Project Area. This revenue has to be distributed into three categories: Housing Set - Aside, Redevelopment Agency and Other Taxing Agencies. Among the Taxing Agencies is the City of Chula Vista, which receives a certain portion independently of the Redevelopment Agency. As one of the affected taxing agencies within the ,3 g PAGE 9, ITEM NO.: 3 MEETING DATE: 04 -20 -04 Project Area, the City of Chula Vista might impose a tax rate increase in the future that it does not wish to be paid to the Redevelopment Agency in the form of tax increment revenue. In order for the City to receive taxes from such tax rate increases, Redevelopment Law requires the City to adopt a resolution electing to receive such taxes. To preserve this option, this resolution must be adopted before the 2004 Amendment is adopted, even if the City has no plans to increase property tax rates. In addition, if the 2004 Amendment is approved, the City is entitled to receive a portion of the statutory pass through payments allocated to the Agency from the Added Area. In order to receive these payments (instead of such revenues being apportioned to other affected taxing agencies), the City must formally elect to receive its share of the statutory pass through payments. Based on the current distribution of property taxes in the Project Area, the share of annual tax increment to be received by all the taxing agencies is approximately 25% of the non - housing portion. Of this 25 %, the City's share is approximately 15% (according to the County of San Diego Auditor - Controller's base year report for the Added Area). The accompanying resolution provides the City's election to receive these amounts from Project Area tax increment revenues. The projections and analysis contained in all Agency reports on the adoption of the Redevelopment Plan assumed the City would elect to keep its share of the property taxes described above. Assuming the City does not levy any new property taxes, the City General Fund share of the projected statutory pass through payments is anticipated to amount to approximately $6 million over the 45 year period the Agency would collect tax increment revenue from the Added Area. This revenue collected by the City could be used for any General Fund purpose. Use of Housing Funds Outside Project Area The Added Area, as much of the existing Merged Project Area, contains very little land available for residential use, leaving the Agency with the issue of what to do with the estimated $40 million of affordable housing fund revenue projected for the Added Area. Redevelopment Law permits agencies to expend housing funds outside a project area, provided that the agency and legislative body adopt a resolution finding that such expenditures are of benefit to the Project Area. In the past, several affordable housing projects have been funded by revenues from the low and moderate- income housing fund. Among those projects are: Heritage Town Centre in Otay Ranch, Villa Serena in Sunbow and Cordova Village in Rancho del Rey. The Agency has made similar findings for its existing Project Areas, and has used housing funds outside that Project Areas in the past. Upon the Agency and City Council approving the accompanying resolutions, the Agency would have the flexibility to use housing set aside tax revenues to increase, improve and preserve the community's supply of low and moderate income housing outside of the Project Area. Method of Relocation In connection with the 2004 Amendment, the Agency is proposing an updated Method of Relocation that would apply to the entire 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. 3 -? PAGE 10, ITEM NO.: 3 MEETING DATE: 04 -20 -04 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 may 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. • To assist in the relocation process, 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. Representatives of the Agency will provide assistance, counseling, and referral services. 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. 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 conflicts with State Law, certain economic protections already part of the Agency's acquisition procedures, and 3 -/0 PAGE 11, ITEM NO.: 3 MEETING DATE: 04 -20 -04 good industry practices, which are flexible enough to offer additional economic assistance when appropriate. 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 1. Remove $10,000 limit on $10,000 limit was established in Maintain the current $10,000 reestablishment expenses. State law (Gov. Code re- establishment limit as § 7262(a)(4) and the State established in State law, relocation guidelines (25 C.C.R. recognizing that the agency has § 6090(i)1) on reestablishment discretion to exceed said limit expenses for small businesses when the Agency determines (i.e., businesses with 500 or appropriate. fewer employees). The Agency may exercise discretion to exceed the reestablishment expense limit where the Agency determines it is appropriate on a case -by -case basis. 2. Establish an up to a ten -year State law and State Relocation Maintain consistency with State tenure -based formula to Guidelines limit rent differential law. Rent differential amounts provide displaced resident payments for businesses within for business tenants during the and business occupants with the $10,000 reestablishment first two years at the replacement compensation for any rent expense limit without regard to site are included in differential. the duration of tenancy. For reestablishment expenses residents the State Law and the discussed in the previous Guidelines establish a formula recommendation (and as noted for determining the rent there, the $10,000 limit on differential amount without reestablishment expenses may be regard to the duration of exceeded by the Agency where tenancy. Tenants with appropriate on a case -by -case established businesses may also basis). claim compensation for loss of goodwill. 3. Cover costs of permits and The cost of permits for the Maintain consistency with State assist in acquisition of relocation site is part of law. New permit costs should be permits in timely manner. reestablishment and relocation kept as part of reestablishment expenses pursuant to State expenses (see above). In regard Relocation Guidelines. to City of Chula Vista permits, Agency staff will work with the appropriate City Departments to expedite procurement of permits. 3-11 PAGE 12, ITEM NO.: 3 MEETING DATE: 04 -20 -04 ADDED AREA PAC BACKGROUND STAFF RECOMMENDATION RECOMMENDATION 4. Provide a minimum of 3 Current law specifies that Staff concurs with optional premises for each reasonable alternatives must be recommendation if stated as displaced resident or provided, but does not require a follows: business, unless waived by minimum number of optional Agency to provide a reasonable the occupant. premises. number of relocation options for business and residential occupants, including providing a minimum of three relocation locations where feasible. 5. In projects involving The Agency is required by State Staff recommends this condemnation, if the law to make an offer to acquire recommendation not be replacement value under the real property based on the included. State laws already cost approach exceeds the appraised "fair market value." provide adequate protection in appraised value, Agency will This definition of fair market the determination of value. The compensate using the value already includes the PAC's recommendation may replacement value of the general concept of the "highest interfere with an appraiser's structure plus land value. price." Appraisers use their independent professional duties professional discretion to value and yield values not supported different properties in different by sound legal and industry ways. practices. The Agency has discretion to pay additional amounts in unique circumstances. 6. In projects involving The Agency is required by State Staff recommends this condemnation, establish law to make an offer to acquire recommendation not be purchase price based on real property based on the included. State laws already highest value identified in appraised fair market value. That provide adequate protection in appraisal, irrespective of includes the concept of the the determination of value. The appraiser's final opinion of "highest price." Appraisers use PAC's recommendation may value to the extent permitted their professional discretion to interfere with on appraiser's by State law. value different properties in independent professional duties different ways. and yield values not supported An Agency cannot mandate an by sound legal and industry appraiser to determine fair practices. The Agency has market value in a particular discretion to pay additional manner and thus is contrary to amounts in unique established appraisal circumstances. methodology ,3-/,2 PAGE 13, ITEM NO.: MEETING DATE: 04 -20 -04 ADDED AREA PAC RECOMMENDATION BACKGROUND STAFF RECOMMENDATION 7. In projects involving State law provides discretion to Staff does not recommend an condemnation, Agency shall the court to direct the Agency to upfront Agency commitment to provide reasonable legal reimburse a property owner's fund legal costs. Staff does costs for involved owners legal costs if the owner prevails recommend that language be and tenants, and advise in a right to take challenge or if it added that assures that staff owners and tenants that they determines the Agency's offer is advises owners and tenants that are entitled to independent unreasonably low. they are entitled to independent legal counsel. State Relocation Guidelines legal counsel. provide that owners and tenant, at their cost, are entitled to have their own legal counsel. 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 accordance with State Law, on the remaining Added Area PAC recommendations. The proposed Method of Relocation is attached to the resolution that adopts it. Amending Ordinance Once all of the above resolutions are approved, the City Council may consider adoption of the 2004 Amendment by conducting the first of two readings of the Ordinance. The 2004 Amendment would be approved upon completion of its second reading, scheduled for April 27, 2004, and would be effective 30 days thereafter. The ordinance contains various findings, based on information in the record including the Agency's Report to the City Council, which would be made by the City Council with respect to the Amendment. These include the following: • That the Added Area is a blighted area and that similar findings were made in connection with the original adoption of the Town Centre II, Otay Valley and Southwest constituent areas, • That the redevelopment in the Added Area is economically feasible, • That the proposed Amended and Restated Redevelopment Plan conforms to the City's General Plan, • That condemnation is necessary to carry out the Amended and Restated Redevelopment Plan, • That the Agency has a method of relocation in place for the Project Area, • That the provision of tax increment revenue is necessary for redevelopment, • That the private sector, governmental agencies, or both cannot carryout redevelopment, • That the Added Area is predominantly urbanized as defined by Law, and That time limitations proposed by the Amendment are reasonably related to the time needed to the completion of projects in the Amended and Restated Redevelopment Plan. 3-13 PAGE 14, ITEM NO.: J MEETING DATE: 04 -20 -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. Approval of the various actions would avail the Agency of tax increment revenues for redevelopment and affordable housing improvements in the Added Area over a 45 -year period. Based on conservative forecast of these revenues, the Agency could collect approximately $200 million is gross tax increment, which would be distributed as follows: $40 million (20 %) would be allocated to the Housing Set -Aside fund for affordable housing projects; of the remaining $160 million, $120 million (75 %) would be allocated for general redevelopment projects and $40 million (25 %) would be allocated for statutory taxing agency payments, including a portion for the City's General Fund. The Agency's general allocation of tax increment must be used in, or for the benefit of, the Project Area from which it was generated. As proposed, affordable housing set aside funds could be used on projects both inside and outside the Project Area. The City's General Fund would be entitled to receive approximately $6 million of the $40 million of statutory pass -thru payments anticipated from the Added Area. J: \COMMDEV\STAFF.REP\04 -20 -04 \Plan Amendment.doc —/ C/ RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO THE 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 sue. ( "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 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 Area ( "2004 Amendment ") and WHEREAS, on March 23, 2004, the Agency and City Council held a joint public hearing, duly noticed and held in accordance with applicable law, on the proposed 2004 Amendment; and WHEREAS, at or prior to the time of the joint public hearing, the City Council received two written objections to the adoption of the 2004 Amendment, which written objections were contained in: (1) a letter dated September 30, 2003 from Angela J. Maidment, Director of Real Estate and Economic J: \COMMDEV\RESOS \04- 20 -04 \CC Reso on Written Responses to Written Objections.DOC 3 -is Development for Estes Express Lines, an owner of property located in the Added Area at 120 Press Lane, and (2) a letter received on November 11, 2003 from Kent and Alicia Thompson, owners of property located in the Added Area at 507 Jefferson Avenue; and WHEREAS, the Law requires that prior to the adoption of a redevelopment plan amendment that the City Council respond in writing to any written objections received by adopting written responses to the written objections; and WHEREAS, following the closure of the March 23, 2004 joint public hearing of the Agency and City Council, the proposed certification of the Final Program Environmental Impact Report prepared in connection with the 2004 Amendment and the proposed adoption of the 2004 Amendment , were continued to the April 20, 2004 Agency and City Council meetings, to permit the preparation of written responses to the written objections and to allow the City Council to first consider and evaluate the written objections and to consider the adoption of written responses to the written objections; and WHEREAS, the City Council has reviewed, evaluated, and fully considered the Report to City Council prepared by the Agency in connection with the 2004 Amendment and submitted to the City Council and all other oral and written staff reports and information presented, all evidence and testimony for and against the adoption of the 2004 Amendment, and all objections to the adoption of the 2004 Amendment, including the two written objections; and WHEREAS, written responses to the two written objections received to the 2004 Amendment have been prepared and have been fully reviewed, evaluated, and considered by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista has reviewed, evaluated, and fully considered the two written objections to the 2004 Amendment received at or prior to the joint public hearing, which objections are set forth in Exhibit "A" hereto, and the City Council hereby finds and determines that such objections are without merit and are hereby overruled for the reasons set forth in the written responses to these two written objections also set forth in Exhibit "A" hereto. The written responses included in Exhibit "A" are hereby adopted as the written findings of the City Council in response to the two written objections received. All oral and written objections to the 2004 Amendment received at or prior to the joint public hearing are hereby overruled. The City Clerk is hereby directed to transmit, by prepaid first class mail, a certified copy of this Resolution, including Exhibit "A," to Angela J. Maidment and to Kent and Alicia Thompson, at their respective addresses. Presented by Laurie Madigan Community Development Director Approved as to form by An oore Ci y Attorney 1:\C0MMDEV\RES0S \04- 20 -04 \CC Reso on Written Responses to Written Objections.DOC ,3-1(,, EXHIBIT "K 2004 Amendment to the Merged Chula Vista Redevelopment Project Written Objections and Responses to Written Objections UUM City of Chula Vista 276 Fourth Street Chula Vista, Califomia 91910 Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541 -4585 Fax: (714) 836 -1748 E -Mail: info @webrsg.com 3 —1 Written Objections and Responses to Written Objections 2004 Amendment to the Merged Chula Vista Redevelopment Project Introduction................................................. ..............................1 Written Objections and Responses ............. ..............................1 Angela J. Maidment, Estes Express Lines ................... ............................... 2 Kent and Alicia Thompson 4 J: \COMMMARESOS\04- 20-WEXHBITS TO RESO_WRTN RSP WRTN OBJ.DOC 3 -/Y Written Objections and Responses to Written Objections 2004 Amendment to the Merged Chula Vista Redevelopment Project On March 23, 2004, the City of Chula Vista City Council ( "City Council ") and Redevelopment Agency of the City of Chula Vista ( "Agency") held a joint public hearing on the proposed 2004 Amendment to the Merged Chula Vista Redevelopment Project ( "Amendment'). During the hearing, two written objections were presented on the Amendment. The California Community Redevelopment Law ('Redevelopment Law") requires that before considering an amendment to a redevelopment plan, the legislative body (City Council) shall evaluate all evidence and testimony, both for and against the adoption of the amendment, and make written findings in response to each written objection of an affected property owner or taxing entity. Further, the legislative body is to respond in writing to the written objections received before or at the noticed public hearing and that these responses shall describe the disposition of the issues raised, and address in detail the reasons for not accepting specified objections and suggestions. This document is the written response of the City Council to the written objections submitted at the public hearing ('Response "). Two written objections were filed at the public hearing: Letter dated September 30, 2003 from Angela J. Maidment, Director of Real Estate and Economic Development for Estes Express Lines, an owner of property located at 120 Press Lane in the proposed Added Area to the Merged Chula Vista Redevelopment Project Area. 2. Letter received on November 11, 2003 from Kent and Alicia Thompson, owners of property located at 507 Jefferson Avenue in the proposed Added Area. This Response addresses these two written objections separately on the following pages. ROSENOW SPEVACEK GROUP. INC. .3 -/9 PAGE 1 U) �- zW 0w C) w a oW w 2 w �0 CL 0 O w 0 U) UQ 0� a> (0 g (_ U 0 w C) w 2 W F- 0 F- Z w 0 Z W Q N C U a C C C, V a) C co CO O O N m O a) _ C N C (L) "O ' . O i s N °. 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CO OJ:: (J) ():t::: > Ol ,.,:;: ..oO.~ :t::: en '- () .- III III C Q>Q)Q)o J:: J::..c._ - -1:) c .~ ~.~ .-..0 0..0 ""O:J'Q)O ~ a...c Q) "ffi Q) "E :5 -:=..co_ 0"'" 0 m 0"'" Q)..c Ill~- C Ql Ul o"'O..c"'O . :+:::0 Q) -.~"'O m>c_Q) E .~ ~ ~ ~ SQ)Q)Q)Q) c"- C I.... > .- 'm Q) 0 Q)~"E..c>. ,sOE8'Oij c c ~ O:;::;Ql::JQl UlUO..c: "lJQlC<.)Ul Q) - Q) .- ~ Q) ~ ~"'O m:5a>l5ffi "' W (9 rf. c.5 ~ a: => o OC C9 >:: W U ;; W a. Ul ~ Z W Ul o OC -3 - .;13 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM EIR FOR 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 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 sea. ("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 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 J:\COMMDEV\RESOS\04-20-04\CC Reso - Certification ofEIR,DOC -3 -;). ~ ~ 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, all action required to be taken by applicable law related to the preparation, circulation, and review of the EIR have been taken; and, WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the response of the Agency and the City thereto; and, WHEREAS, the Findings of Fact for the 2004 Amendment, dated October 22, 2003 (Exhibit "A" of this Resolution) conclude that proposed mitigation measures outlined in the EIR are feasible and have not been modified, superceded or withdrawn. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City Council adopts the ordinances adopting the 2004 Amendment. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program of the Final EIR are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with the Findings of Fact and will be effectuated through the process of implementing the 2004 Amendment; and WHEREAS, on March 3, 2004, the Planning Commission of the City of Chula Vista adopted Resolution No. 04-01 certifying the Final EIR and recommending that the City Council certify the Final EIR as well. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista as follows: I. FINAL EIR 04-01 CONTENTS That the Final EIR 04-01 consists of the following: 1. Program EIR for the 2004 Amendment to the Merged Chula Vista Redevelopment Project, in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project; and 2. Comments and Responses to Comments; and 3. Mitigation Monitoring and Reporting Program. (All hereafter collectively referred to as "Final EIR") II. ACCOMPANYING DOCUMENTS TO THE FINAL EIR 1. Findings of Fact; and J:\COMMDEV\RESaS\04-20-04\CC Reso - Certification of EIR.DOC 3 - ;;;::> 2. Mitigation Monitoring and Reporting Program. III. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby finds that the Final EIR, the Findings of Fact (Exhibit "A") and the Mitigation Monitoring and Reporting Program (Exhibit "S") have been prepared in accordance with the requirements of CEQA (Public Resources Code Section 21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 Section 15000 et seq.), City CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL That the Final EIR reflects the independent judgment of the City Council of the City of Chula Vista. V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The City Council hereby makes each and every one of the findings contained in the Findings of Fact (Exhibit "A") S. Mitigation Measures Feasible and Adopted As more fully identified and set forth in the Final EIR and in the Findings of Fact for this Project, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above- referenced documents are feasible and will become binding upon the entity (Agency or City) assigned thereby to implement the same. C. Infeasibility of Alternatives As more fully identified and set forth in the Final EIR and in the Findings of Fact Section XI, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines 15091 that alternatives to the Project, which were identified in the Final EIR, were not found to reduce impacts to a less than significant level and/or meet Project objectives and/or were found to be infeasible based upon specific economic, social, or other considerations. D. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (Exhibit "S"). The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during project implementation, the Agency, City, and any other responsible parties J:\COMMDEV\RESOSI04-20-04\CC Reso - Certification ofEIRDOC 3 -:;l ~ . implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista certifies that the documents constituting the City's record of proceedings on which its decision is based are contained in the office of the City Clerk of the City of Chula Vista and the City Clerk is the custodian of records of those documents; and BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista , hereby certifies and adopts the Final EIRfor the 2004 Amendment to the Merged Chula Vista Redevelopment Project, in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area, in accordance with the CEQA, the CEQA Guidelines, City CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista. Presented by Apprpved as to form by - h~'/f-hll fC~. An Moore I City Attorney l Laurie Madigan Community Development Director J:\COMMDEV\RESOSI04-20.04\CC Reso - Certification ofEIR.DOC -3-::/7 EXHIBIT A ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN AMENDMENT (Merged Chula Vista Redevelopment Plan) CEQA FINDINGS OF FACT January, 2004 . Section I. II. III. IV. V. VI. VII. VIII. IX. A. B. e. D. E. F. G. H. I. J. K. X. A. B. e. TABLE OF CONTENTS Page INTRODUCTION............................................................................................................................1 DEFINITIONS ..... ..... ................ ... .......... ... ............ ......................... .................... ... ............... ............ 1 PROJECT DESCRIPTION .... .............. ........ ................ ... ........... ........ ... ...... ..... ............ ... ................. 2 BACKGROUND..............................................................................................................................5 RECORD OF PROCEEDINGS .......................................................................................................6 FINDINGS REQUIRED UNDER CEQA ....................................................................................... 7 LEGAL EFFECTS OF FINDINGS .................................................................................................8 MITIGATION MONITORING PROGRAM ..................................................................................9 SIGNIFICANT EFFECTS AND MITIGATION MEASURES ......................................................9 LAND USE........... .........................................................................................................................11 GEOLOGy/SOILS........... .............................................................................................................12 DRAINAGE AND WATER QUALITY........... ............................................................................14 TRAFFIC AND CIRCULATION..................................................................................................18 AESTHETICS. ...... .... ............ ....... ........ .... ............. ............ ..... ...... ...................... .......... ... .......... .....21 NOISE.... ... .... .. ..... ..... ........ ......................... .... ... ............................................. ....... ........... .............. 22 AIR QUALITY....... .... ................. ....... ..... ............................ ............... ................ ..... ... ................... 24 PUBLIC SERVICES AND UTILITIES........... .............................................................................26 HAZARDS AND HAZARDOUS MATERIALS........... ...............................................................36 RECREATION ........ .... .... ...... ........... ..... ..... ............................... ....... ............. ........ .... ...... ....... .......38 CULTURAL RESOURCES ..........................................................................................................39 CUMULATIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES .........................41 DRAINAGE AND WATER QUALITY .......................................................................................41 TRAFFIC AND CIRCULATION........... .......................................................................................45 NOISE..... ...... ... ........ ..... .......... ....... .... ..... .... .......... .... ....... ......... ....... .... ........ ........ .... ...... .... ......... ... 46 Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page i D. E. F. XI. A. B. C. D. XII. PUBLIC SERVICES AND UTILITIES ........................................................................................48 POPULATION AND HOUSING ..................................................................................................50 RECREATION ..............................................................................................................................51 FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES..................................................52 NO PROJECT ALTERNATIVE ...... ............... .................... .......... .......... ....... .............. ...... .... ....... 54 MODIFIED PROJECT AREA........ .............. ... ........... ................... ...... ............ ........ ................ ...... 55 NO EMINENT DOMAlN..............................................................................................................55 PROJECT SUMMARY .................................................................................................................56 FINDINGS OF FACT. ... ... ......... ... ..... ........ ..................... ...... ... ... .... ...... .... ............ ................ ......... 56 Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page ii ..... I. INTRODUCTION The Fina] Environmental Impact Report (Final EIR) prepared for this project addressed the potentia] environmental effects of a proposed project known as the Redevelopment Plan Amendment (Merged Chula Vista Redevelopment Plan) for an area in western Chu]a Vista that includes approximately 2,446 acres, including approximately 494 acres of Added Territory. In addition, the EIR evaluated three alternatives to the proposed project: the No Project, a Modified Project Area, and No Eminent Domain. These findings have been prepared to comply with requirements of the California Environmenta] Quality Act (CEQA) (Pub. Resources Code, ~2]000 et seq.) and the CEQA Guidelines (Cal. Code Regs., title ]4, ~15000 et seq.). II. DEFINITIONS "Added Territory" means the areas totaling approximately 494 acres, which is proposed to be included within the Merged Chula Vista Redevelopment Project by the Amendment. "Agency" means the Redevelopment Agency of the City ofChula Vista. "Amendment" means the Redeve]opment Plan Amendments, specifically the merged Town Centre II, Otay Valley, Southwest and the 2003 Amendment Redeve]opment Project Area. "City" means the City ofChula Vista. "City Council" means the City Council of the City of Chula Vista. The members of the City Council are also members of the Agency Board. "Draft Program EIR" means the Draft Program Environmenta] Impact Report prepared for the Amendment. "General Plan" means the general plan of the City of Chula Vista, adopted Ju]y ]], ] 989 and revised ]995. "Merged Redeve]opment P]an" means the Merged Chula Vista Redeve]opment Plan for the areas also known as the Town Centre II, Otay Valley, Southwest and Added Territory, as enacted by the Chula Vista City Council. "Merged Project Area" means the Merged Chula Vista Redevelopment Project Area, consisting of the Town Centre II, Otay Valley, Southwest, and Added Territory subareas, that is subject to the provisions of the Merged Redevelopment Plan. "Original Redevelopment P]ans" means the Redeve]opment Plans Merged Town Centre II, Otay Valley, and Southwest Redevelopment Plans, as they exist prior to the adoption of the proposed Amendment. "Origin a] Project Areas" means the existing Merged Town Centre II, Otay Valley and Southwest Redevelopment Projects, as they exist prior to the inclusion of the Added Territory and the Amendment. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page I "Project Areas" means the Merged Chula Vista Redevelopment Project Areas, as amended by the Amendment. "Tax Increment" means the funds allocated to the Agency from the Project Areas pursuant to Section 33670 of the California Community Redevelopment Law (CCRL). III. PROJECT DESCRIPTION The Agency is proposing to merge Merged Chula Vista Redevelopment Plan (formerly known as and consisting of the Town Centre II, Otay Valley, and Southwest Redevelopment Plans, plus the Added Territory). The proposed Amendment will not result in any direct physical impacts. The Amendment is primarily procedural and development of individual projects within the Project Areas that could result in direct or indirect physical impacts will be evaluated in future CEQA documents. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. The analysis in the Program EIR focuses on the Added Territory (550 acres) only. The Amendment address the following major components: Merged Chula Vista Redevelopment Plan . Consolidate the Town Centre II, Otay Valley, and Southwest redevelopment plans into a single amended, merged, and restated redevelopment plan (to be known as the Merged Chula Vista Redevelopment Plan), including updating the public improvement and facility projects list in the Plan; . Incorporate 494 acres of Added Territory within the Merged Chula Vista Redevelopment Project Area; . Reestablish eminent domain authority on all property within the Otay Valley subarea of the Merged Project Area; and . Reestablish eminent domain authority on all property (except for residentially-occupied property in a residential zone) in the Town Centre II subarea of the Merged Project Area. Improvement Projects - As described above, both amended and restated redevelopment plans would feature a new list of public improvement and facility projects. In addition to these projects, staff has identified other projects that may be implemented over the duration of the respective Redevelopment Plans. Below is a list of improvement projects and programs that could, at the Agency's discretion, be funded should adequate revenue become available. While the Agency is not required to fund the listed projects and programs, the Agency could fund all or a portion of the projects or programs as revenue becomes available throughout the life of the Plans. The list identifies projects and programs that appear, at the time of adoption of the Amendment, to have the potential to achieve the goals and objectives of the Amendment, but do not represent commitments by the Agency. As redevelopment needs and opportunities evolve over the life of the Amendment the Agency may determine not to undertake certain Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 2 projects and programs listed and/or undertake other projects and programs consistent with the Amendment that are not listed, as permitted by law. The list of public improvement projects and programs are only possible projects that mayor may not ultimately be undertaken by the Agency pursuant to the Amendment. This Program EIR analyzes impacts likely to be caused by proposed improvements based on information about such projects as is available at this time. Due to the lack of project specific information available at this time, further environmental analysis of the public improvement projects may be required to comply with CEQA at the time individual projects are submitted for approval. The proposed projects and programs for the Amendment include: 1) Merged Chula Vista Redevelopmeut Project Area Except where noted, most of these projects are in the conceptual stages and no formal proposals have been submitted to the City of Chula Vista or the Agency. Thus, each of these projects are subject to further discretionary actions by the City and/or Agency, and are not being specifically reviewed as a part of the adoption of the Amendment. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these projects as proposals come forward. In addition, further environmental review of project impacts based on the actual project may be required to comply with CEQA. Public Infrastructure Projects: Improvements to the 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 projects as proposals come forward. Projects include, but are not limited to the following: Street/Entrvwav Beautification. Construct streetscape improvements at key 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. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 3 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 projects as proposals come forward. Other Potential Redevelopment Proiects These projects include, but are not limited to, the following: E Street Transit Village Proiect. Mixed-use project in the vicinity of the E Street transit station east of Interstate 5. Watt Commercial Proiect. Redevelopment of property at the comers of Third A venue and E Street for retail and other commercial use. KOA Soccer FaCIlIty and Hotel. Redevelopment of KOA campground east of Second Avenue for recreational fields and possible hotel facility. Walgreen's Proiect. Parcel assembly and development of drug store at the southwest comer of Naples Street and 1bird Avenue, in the existing Southwest Redevelopment Project Area. SBC/Davies Site. Redevelopment of Main Street properties for commercial uses in the existing Otay Valley Redevelopment Project Area. SUHSD Joint Proiects. Agency and Sweetwater Union High School District may consider one or more planning agreements to implement a series of improvements to current and future SUHSD properties serving the Project Area. These may include: a) development of a new District corporate yard at Main Street and Albany Avenue, b) redevelopment of the Windmill Farms property at Third Avenue and Alvarado Street for District headquarters, residential and commercial uses, c) redevelopment of the District's Moss Street property for single family residential use., and d) redevelopment of the existing District headquarters and corporate yard on Fifth Avenue to a 200-unit residential project. Discretionary Actions The discretionary action to be taken by the Redevelopment Agency of the City of Chula Vista (Agency) includes the adoption of the Amendment. The Agency will also determine whether the Final ErR is complete and in compliance with CEQA as part of the certification process. The Redevelopment Agency of the City of Chula Vista is the lead agency and has discretionary power of approval for all the actions sought by the proposed Amendments. The Final EIR is intended to satisfY CEQA requirements for environmental review of the action. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 4 Project Goals and Objectives As specified in the Final EIR, the objectives of this project include: The primary objective of the Amendment is to remove blight and increase the economic viability of the Project Areas. The proposed Amendments will allow the Agency to work with the City of Chula Vista to accomplish these objectives by: I) constructing some or all of the improvement projects listed in the amended Redevelopment Plans to benefit the Project Areas and the City of Chula Vista; and 2) providing a variety of funding sources for use by the Agency to allow the option to fund projects that can reduce or eliminate blight, provide additional low and moderate income housing and improve the economic viability of the Project Areas. IV. BACKGROUND The Merged Project Area includes the adopted Town Centre II, Otay Valley, and Southwest Project Areas, as well as the Added Territory are proposed to be incorporated into the Merged Project Area by the Amendment. Table I, Redevelopment Plans list the existing redevelopment plans that are proposed to be merged and restated, the years they were established and/or amended, and the acreage contained within the Project Area. The proposed Amendment involves expansion of the Merged Project Area to include the Added Territory, reestablishing eminent domain authority within the Otay Valley and Town Centre II Project Areas, and consolidating the existing redevelopment plans into the Merged Chula Vista Redevelopment Project Area. The Amendment would reestablish the Agency's authority in the Redevelopment Plans to use eminent domain to acquire property. The establishment of the authority in the Plan must be done by amendment, despite the fact that the Agency has no plans to use eminent domain to acquire property in the Town Centre II, Otay Valley or Added Territory areas at this time. Should eminent domain be necessary as a part of project implementation, the Agency would need to comply with applicable state laws, including any CEQA review for such a project, good faith negotiations with the property owner to acquire the property without eminent domain based upon an independent appraisal, and noticed public hearings. A more detailed description of the Amendment related actions are discussed in the Project Description section of this Program EIR. Table 1 Redevelopment Plans . Project Area Year(s) Established Total Acreage Town Centre II (I) (2) 1978,1988 75 i Otay Valley (I) 1983 771 i Southwest (I) (3) 1990,1991 1,050 Notes: (1) Town Centre II, Otay Valley and Southwest merged for financial purposes on August 22, 2000 by Ordinance Nos. 2817, 2818, and 2819, respectively. (2) Original 65~acre area (Chula Vista Shopping Center) established on August 15, 1978 by Ordinance No. 1827; 10 acres of noncontiguous property added in July 1988 by Ordinance No. 2274. (3) Original 1,040-acre area established on November 27, 1990 by Ordinance No. 2420; IO-acre amendment adopted on July 9, 1991 by Ordinance No. 2467. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 5 V. RECORD OF PROCEEDINGS For purposes of CEQA and the findings set forth below, the administrative record of the Redevelopment Agency decision on the environmental analysis of this project shall consist of the following: . The Notice of Preparation and all other public notices issued by the Agency in conjunction with the project; . The Draft and Final ErR for the project (ErR #04-01), including appendices and technical reports; . All reports, applications, memoranda, maps, letters, and other planning documents prepared by the Agency, the redevelopment consultant, and the environmental consultant that are before the decision makers as determined by the City Clerk; . All documents, comments, and correspondence submitted by members of the public and public agencies in connection with this project, in addition to comments on the ErR for the project; · All documents submitted to the Agency by other public agencies or members of the public in connection with this project, up through the close ofthe public hearing; . Minutes and verbatim transcripts of all workshops, public meetings, and public hearings held by the Agency and City, or videotapes where transcripts are not available or adequate, with respect to this project or the ErR for the project; . Any documentary or other evidence submitted at workshops, public meetings, and public hearings for this project; . All findings and resolutions adopted by Agency and City decision makers in connection with this project, and all documents cited or referred to therein; and · Matters of common knowledge to the Agency, which the members of the Agency considered regarding this project, including federal, state, and local laws and regulations, and including but not limited to the following: . Chula Vista General Plan; . Relevant portions of the Zoning Code of the City; . Merged Town Centre II, Otay Valley and Southwest Redevelopment Plan; . Any other materials required to be in the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The custodian of the documents comprising the record of proceedings is Susan Bigelow, Clerk to the City Council, whose office is located at 276 Fourth Avenue, Chula Vista, California 91910. The Agency has relied on all of the documents listed above in reaching its decision on the Amendments, even if every document was not formally presented to the Agency or Agency staff as part of the Agency files generated in connection with the Amendment. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 6 VI. FINDINGS REQUIRED UNDER CEQA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Emphasis added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifYing both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects" (emphasis added). Section 21002 goes on to state that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects." The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required (see Pub. Resources Code, 921081, subd. (a); CEQA Guidelines, 915091, subd. (a)). For each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written Findings reaching one or more of three permissible conclusions. The first such finding is that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines, 95091, subd. (a)(I)). The second permissible finding is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines, 915091, subd. (a)(2)). The third potential finding is that "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR" (CEQA Guidelines, 915091, subd. (a)(3)). Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations (see also Citizens of G01eta Valley V. Board of Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr. 410]). The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (see City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417 ['83 Cal.Rptr. 898]). "'[F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29 Cal.Rptr.2d 182]). The CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The Agency must therefore glean the meaning of these terms from the other contexts in which the terms are used. Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects" (Pub. Resources Code 921002). For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less than significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less than significant level. These Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 7 interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 519-527 [147 Cal.Rptr. 842], in which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting numerous mitigation measures, not all of which rendered the significant impacts in question less than significant. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less than significant level or has simply been substantially lessened but remains significant. Moreover, although CEQA Guideline Section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR (FEIR). In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the project lies with some other agency (CEQA Guidelines, !i 15091, subd. (a), (b)). With respect to a project for which significant impacts are not avoided or substantially lessened either through the adoption of feasible mitigation measures or feasible environmentally superior alternative, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects" (CEQA Guidelines, !i!i 15093, 15043, subd. (b); see also Pub. Resources Code, !i21081, subd. (b)). The California Supreme Court has stated that, "[t]he wisdom of approving. . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Ca1.3d 553, 576). VII. LEGAL EFFECTS OF FINDINGS To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the Agency (or "decision makers") hereby binds itself and any other responsible parties, including the applicant and its successors in interest (hereinafter referred to as "Applicant"), to implement those measures. These findings, in other words, are not merely informational or hortatory, but constitute a binding set of obligations that will come into effect when the Agency adopts the resolution(s) approving the Amendment. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the mitigation monitoring reporting program adopted concurrently with these findings and will be effectuated through the process of implementing the project. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 8 VIII. MITIGATION MONITORING PROGRAM As required by Public Resources Code section 21081.6, subd. (a)(I), the Agency, in adopting these findings, also adopts a mitigation monitoring and reporting program (MMRP) as prepared by the environmental consultant under the direction of the Agency. The program is designed to ensure that during project implementation, the applicant and any other responsible parties comply with the feasible mitigation measures identified below. The MMRP is included in the Final EIR, Section 12.0. IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Final EIR identified a number of direct and indirect significant environmental effects (or "impacts") that the project will cause; all can be fully avoided through the adoption of feasible mitigation measures. The decision maker, having independently reviewed and considered the information contained in the Final EIR for the project and the public record, finds that there are no changes or alterations to the project which avoid or substantially lessen the significant environmental effects and that are within the responsibility and jurisdiction of another public agency have been outlined in the Final EIR (Public Resources Code, Section 21081 (b)). The project will result in significant environmental changes with regard to the following issues: land use; geology/soils, hydrology/drainage and water quality; traffic and circulation; aesthetics; noise; air quality; public services and utilities (water service, police service, fire protection, school facilities, sewage services, library, natural gas and electricity), hazards and hazardous materials, recreation, and cultural resources. These significant environmental changes or impacts are discussed in the ErR 04-0 I in Section 4.0, Environmental Impact Analysis. Land Use Indirect land use impacts would occur if the infrastructure necessary to serve future projects is not available. Geology/Soils Future development would be exposed to geologic hazards due to seismic activity and earthquake induced ground failure such as liquefaction and differential settlement. Drainage and Water Quality Future development could result in drainage impacts due to the alteration of existing drainage patterns and/or increases in surface water runoff. The development of properties in the 100-yer flood plain near the Sweetwater River would have to be protected from a 100-year flood. An increase in surface water quantity due to development could impact existing storm drain facilities downstream of the project. Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes, nutrients, litter, hazardous chemicals, pesticides, and fertilizers that enter local bodies of water. Potential erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated. Urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 9 Traffic and Circulation Development could be encouraged that could have significant traffic and circulation impacts to the area transportation and circulation system. The development of projects could generate traffic that reduces roadway segments and/or intersections to unacceptable City levels of service. Aesthetics Future development could have aesthetic impacts, including architecture, urban design, landscaping, andlor landforms that negatively detract from the aesthetic character of a site, or surrounding area. Projects could have light and glare impacts on existing land uses. Development along F Street and Fourth Avenue could impact the scenic qualities of these roadways because they are scenic roadways. Noise The development of projects in the future could increase both the short- and long-term noise levels that exceed adopted noise levels. Increased noise levels could impact noise sensitive land uses in the project vicinity. Air Quality The construction and operation of future development would generate both short- and long-tenn air emissions, which could violate air quality thresholds. Public Services and Utilities Water Service - Additional development may increase the demand for potable water for drinking, fire suppression, and landscape maintenance and impact existing water facilities, reqUiring upgrades to the existing distribution system to provide adequate water supplies. Police Service - Additional development would increase the need for police protection services which could increase the response time to Priority One and Priority Two Urgent calls and impact the ability of the police department to maintain its desired levels of police service. Fire Protection - Additional development will increase the need for fire protection and emergency medical services, which could impact the ability of the fire department and medical units to respond to calls for service. School Facilities - Additional development could have a significant impact on public schools due to increases in students that would attend schools. Sewage Services - Additional development could increase sewage flows that cannot be handled by existing facilities, requiring construction of new or larger facilities. Library - Additional development could impact existing library facilities due to an increase in their useage by residents. Gas and Electricity - Additional development would consume natural gas and electricity, which could require upgrades or extension of existing facilities. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 10 Hazards and Hazardous Materials Additional development of sites that used hazardous materials in the past could expose the public or environment to hazards. Recreation Additional development could increase the need for parks and recreational facilities and impact existing facilities requiring the need to provide additional parkland. Cultural Resources Development could impact cultural resources since archaeological and paleontological resource a low to moderate potential to exist. A. LAND USE Standards of Significance: A significant land use impact is identified if the Amendment could: . Conflict with land uses designated by the General Plan; or . Conflict with any applicable land use plan, policy, or applicable agency regulation; . Conflict with any applicable habitat conservation plan. Impact: Increased development, although consistent with the General Plan, could require the need for infrastructure facilities that are necessary to serve the project. Findings: Pursuant to section l5091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, 915091, subd. (a)(2), certain changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA ). Explanation: Implementation of the Amendment is anticipated to encourage development in the Project Area, including the Added Territory. As a result, development may occur that cannot be adequately served by the existing infrastructure. Adequate infrastructure would have to be available to serve development, which could require upgrades to existing facilities or the extension of existing facilities. The development of some infrastructure, however is under the control of other governmental entities such as CalTrans, San Diego Gas and Electric, Otay Water District, Sweetwater Water District, The City of San Diego Waste Chula Vista Redevelopment Plan Amendment and Merger Findings ofFac! January 2004 Page 11 Water Department, and other governmental entities over whom the City ofChula Vista has no control and thus no ability to implement any required mitigation measures. Mitigation Measures: The following mitigation measure is feasible and required as a condition of approval and is made binding on future development through these findings (EIR, Section 4.1.3, page 58). I. As noted in Section 4.0 of the EIR, No specific development projects have yet been proposed. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project causes any existing infrastructure to operate at less than an acceptable level as established by the applicable adopted City, Agency or other governmental standards. Mitigation measures will be imposed upon projects to ensure that the applicant funds or constructs the infrastructure necessary to serve the project and to ensure that any such necessary infrastructure will be developed in a manner and time to ensure that the projects do not cause a significant impact on the infrastructure systems that serve the projects. To the extent that the infrastructure is within the sole control of another governmental agency, project proponent will be required to demonstrate to the City that they have a determination form that governmental agency that there exists sufficient infrastructure capacity to serve the proposed project without causing a significant impact on that infrastructure system. If such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid their proportionate share of the cost to mitigate that impact (if the project causes a cumulative impact), or that the applicable agency will provide the infrastructure necessary mitigate that impact to below that agency's adopted standard of significance unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. Significance After Mitigation No significant land use impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measure. B. GEOLOGYY/SOILS Standards of Significance: The threshold criteria for determining significant impact on geology/soils are based on whether or not the adoption and implementation of the Amendment will: . Expose people or structures to potential substantial adverse effects involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides; . Result in substantial soil erosion or the loss of topsoil; or . Be located on expansive soils or on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. Impact: Future development would be exposed to geologic hazards due to seismic activity and earthquake induced ground failure such as liquefaction and differential settlement. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 12 ~. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ElR to a level of insignificance. Explanation: 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. Although there are no known active faults in Chula Vista, there are active faults outside the City that could impact development in the Project Areas. Seismic activity could impact future development. Projects are not anticipated to increase or be impacted by soil erosion. The incorporation of City required erosion control measures into future projects would minimize soil erosion. Earthquake induced ground failure such as liquefaction and differential settlement could impact future development. The City follows State regulations and has programs that implement the geologic and seismic policies of the general plan, and the Uniform Building Code to protect property and City residents from geologic hazards such as liquefaction and differential settlement. Implementation of these programs relative to the geologic and seismic constraints of development will reduce impacts to a level of insignificance. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent any direct and/or indirect soils and geologic impacts may occur with their construction. The City would determine if additional environmental analysis would be required for compliance with CEQA at the time plans for individual projects are submitted for approval. The City would prepare additional environmental analysis to identifY any direct and indirect soils and geologic impacts that would be associated with the construction of projects and recommend measures accordingly to reduce significant impacts to a level at or below the adopted level of significance, pursuant to CEQA and local/state building regulations. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.2.3, pages 67 to 68). I. Prior to the issuance of a final grading permit for development, a detailed geotechnical investigation shall be approved by the City of Chula Vista. The investigation shall include field work (e.g., subsurface exploration, sampling) and laboratory analysis to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical investigation shall be shown on the final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 13 2. The City or Agency, as appropriate, shall review all development plans for potential liquefaction impacts and require the incorporation of all applicable liquefaction prevention measures deemed appropriate by the Building Official to comply with the Uniform Building Code and Title 24. 3. The City or Agency, as appropriate, shall review all development plans for potential differential settlement impacts and require the incorporation of all applicable lateral spreading prevention measures deemed appropriate by the Building Official to comply with the Uniform Building Code and Title 24. Significance After Mitigation: No significant geology/soils impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. C. DRAINAGE AND WATER QUALITY Standards of Significance: The threshold criteria for determining significant impact on drainage and water quality are whether or not the adoption and implementation of the Amendment will: . Violate any water quality standards or waste discharge requirements; . Substantially impact groundwater; . Substantially alter the existing drainage pattern ofthe site or area; . Result in runoff that exceeds the capacity of existing or planned storm water drainage systems; . Provide substantial additional sources of polluted runoff; or · Expose people or structures to flooding or inundation by seiche, tsunami, or mudflow. Impact: Future development could result in drainage impacts due to the alteration of existing drainage patterns and/or increases in surface water runoff. The development of properties in the 100-year flood plain near the Sweetwater River would have to be protected from a 100-year flood. An increase in surface water quantity due to development could impact existing storm drain facilities downstream of the project. Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes, nutrients, litter, hazardous chemicals, pesticides, and fertilizers that enter local bodies of water. Potential erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated. Urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Findings: Pursuant to section l5091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: Future development could result in drainage impacts due to the alteration of existing drainage patterns and/or an increase in surface water runoff. The development of properties in the 100-year flood plain Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 14 near the Sweetwater River would have to be protected from a lOa-year flood. Development could also increase the amount of surface water runoff generated to the storm drain collection system due to an increase in the amount of impervious surfaces, such as rooftops, parking lots, and other hardscape. An increase in surface water quantity could impact existing storm drain facilities downstream of the project. Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes, nutrients, litter, hazardous chemicals, and pesticides and fertilizers that enter local bodies of water. Potential erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated. These urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Development would not be significantly impacted by a seiche or tsunami. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project causes any existing infrastructure to operate at less than an acceptable level and to ensure compliance with the City's NPDES requirements and Chula Vista Municipal Code Section 14.20.120.A through all stages of planning, design, construction, and post construction, including structural and nonstructural pollution control measures to limit urban pollutants reaching the waters of the United States to the maximum extent practical. A NPDES permit would be required for all projects that discharge to surface waters, or a Waste Discharge Requirements permit for any discharge of wastes to land as required by the California Water Code. The City has construction and post construction Best Management Practices (BMPs) to mitigate and reduce water quality impacts. All applicable BMPs would be incorporated into projects to control the discharge of pollutants, prevent sewage spills, and avoid the discharge of sediments into the streets, storm water conveyance channels or waterways. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.3.3, pages 77 to 80). I. Prior to approval of project plans for development and public improvement projects in the Project Areas, a site-specific hydrology study shall be approved by the City of Chula Vista. This study shall identify the on-and off-site facilities necessary to adequately convey surface runoff to avoid or minimize on-site ponding, which could impact the integrity of building footings, and/or off-site flooding at downstream properties. This study shall also evaluate measures to avoid or minimize flooding of low-lying areas during high tide conditions, the effects of wind-driven waves generated from within San Diego Bay, flooding from the Sweetwater River, and erosion from inland or coastal flooding. All applicable measures recommended by the hydrology study shall be shown on the face of final grading and building plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. The hydrology study and mitigation measures shall be in conformance with criteria set forth by the U.S. Army Corps of Engineers for design of coastal structures. To the extent that the construction of necessary drainage facilities is within the sole control of another governmental agency, the project proponent will be required to demonstrate to the City that they have a determination from that governmental agency that there exists sufficient storm water facilities to serve the proposed project without causing a significant impact on that infrastructure system. If such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 15 their proportionate share of the cost to mitigate that impact (if the project causes a cumulative impact), or that the applicable agency will provide the infrastructure necessary mitigate that impact to below that agency's adopted standard of significance unless subsequent environmental analysis is conducted and a statement of oveniding considerations is then adopted. 2. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, a detailed erosion/siltation control plan shall be approved by the City of Chula Vista. The plan shall include, but not be limited to, the following measures to protect existing downstream areas from erosion, scour, and sediment deposition: a) Install energy dissipaters, riprap aprons, water bars, or drop structures at all drainage outlets (e.g. subdrains, storm drains, culverts, brow ditches, and drainage crossings, or swales) to protect downstream areas from erosion, channel scour, siltation, and sedimentation; b) Implement short-and long-tern stabilization (erosion control) and structural (sediment control) measures to: (I) limit the exposure of graded areas to the shortest duration possible, (2) divert upslope runoff around graded areas, and (3) sore flows and remove sediment from runoff before it leaves the construction site. Stabilization measures may include dust control, surface roughening, hydro seeding, temporary and permanent landscaping, mulching, matting, blankets, geotextiles, sod stabilization, slope protection (e.g., geogrid fabric), tree protection (e.g., caging), and vegetative buffer strips. In addition, rubber hypalon liners shall be placed on bare soil disturbed by construction activities when weather conditions indicate any possibility of rain and the activities are temporarily suspended for any reason. Structural measures may include slope drains and benching, subdrains, storm drains, culverts, brow ditches, vegetation-lined drainage crossings, or swales, silt fencing, brush baniers, hay bales, gravel bags, berms, dikes, check dams, sediment traps, infiltration trenches, French drains, catch basins, desilting and detention basins, and vegetative controls. Such controls would likely be required at the base of manufactured slopes and/or areas adjacent to, or upstream of major drainage courses and wetlands; c) Maintain temporary and permanent landscaping on manufactured slopes, and use native or drought-tolerant vegetation, where applicable to reduce irrigation requirements d) Prevent tracking of soil from the construction site via gravel strips, temporary pavmg, sediment trapping devices, and/or wheel washing facilities at access points; e) Install/maintain gravel filters at all temporary drainage inlets; and f) Inspect/maintain all erosion and sediment control measures to ensure that they function properly during the entire construction period. All desilting trapslbasins shall be cleaned when filled to 10% of their capacity, and all silt baniers shall be cleaned when accumulated sediment reaches six inches in depth. All areas planted with erosion-control vegetation shall be monitored daily for vegetation establishment and erosion problems, and any repairs and/or replacement of vegetation made promptly. Stabilization and structural controls shall be inspected at least monthly and after every significant storm event, and shall be repaired or maintained as needed to reduce sediment discharge. Access to these facilities shall be maintained during wet weather. 3. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, a Notice of Intent shall be submitted to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and Chula Vista Redevelopment Plan Amendment and Merger Findings ofFac! January 2004 Page 16 ~. implemented in compliance with the California General Construction Activity Storm Water Permit of the NPDES. In addition, to the stabilization and structural controls specified above, the SWPPP shall include, but shall not be limited to, the following BMPs; a) Implement material and waste management programs during grading and construction, including solid, sanitary, septic, hazardous, contaminated soil, concrete and construction waste management, spill prevention, appropriate material delivery and storage, employee training, dust control, and vehicle and equipment cleaning, maintenance and fueling; b) Implement routine procedures or practices after grading and construction to reduce the amount of pollutants available for transport in the typical rainfalllrunoff process such as a material use control program including proper storage and disposal practices for potential pollutants (e.g., motor oils and antifreeze); prohibiting storage of uncovered hazardous substances in outdoor areas; prohibiting the use of pesticides and herbicides listed by the Environmental Protection Agency, and spill prevention/responses and shipping/receiving practices. c) Install/maintain grease and oil traps or other filtration systems (e.g., fossil filters) at all permanent storm drain inlets; and d) Implement a monitoring program involving the following inspection and maintenance procedures for all post-construction storm water pollution control measures to ensure that they continue to function properly: . If utilized onsite, permanent detention basins shall be cleaned when filled to 10% of their capacity; . Drainage inlet filters shall be inspected and maintained at a frequency appropriate to the type of filter system used; . Landscaping sprinkler systems shall be maintained to prevent excess runoff due to leaking or broken sprinkler heads; . Drainage facilities shall be routinely inspected and repaired as needed; and . Records shall be kept of all control measure implementation, inspection, and maintenance. 4. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, all applicable short- and long-term stabilization (erosion control) and structural (sediment control) measures and BMPs recommended by the erosion/siltation control plan and SWPPP shall be shown on the face of final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. 5. During and after grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable stabilization and structural controls and BMPs in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City notified immediately to determine appropriate mitigation. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 17 6. Prior to issuance of a certificate of occupancy, the applicant, as applicable, shall provide evidence to the City of Chula Vista that: I) a hazardous materials business plan has been prepared and implemented in accordance with local, state, and federal regulations; and 2) all local, state, and permit requirements to generate, use, store, and transport hazardous materials have been satisfied. 7. All subdivisions shall comply with Chula Vista Subdivision Manual Section 3-201.2(2) that requires subdivisions to provide on-site storm detention facilities such that the post-development flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of the subdivision. Preliminary hydrology studies shall demonstrate that runoff flow rate does not increase as a result of development. Significance After Mitigation: There will be no significant drainage or water quality impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. D. TRAFFIC AND CIRCULATION Standards of Significance: The threshold criteria for determining whether or not the Amendment could have significant traffic impacts are based on City of Chula Vista standards. The criteria differ depending on whether the timing of impacts is near-term (0-4 years) or long-term (5 years or longer). The criteria is: Near Term (0-4 years) Intersections A direct impact project impact to an intersection would occur ifboth of the following criteria are met: I. Level of service is LOS E or LOS F; and 2. Project trips comprise five percent or more of entering volume; 3. A cumulative impact to an intersection would occur only if Criteria #1 is met. Street Segments If Average Daily Trips (ADT) methodology indicates LOS C or better for a street segment, an impact is not significant; if ADT methodology indicates LOS D, E or F for a street segment, the Growth Management Oversight Committee (GMOC) method should be utilized, which uses the following criteria: A direct project impact would occur to a street segment if all of the following criteria are met: 1. Level of service is LOS D for more than two hours or LOS Elf for one hour based on GMOC criteria; 2. Project trips comprise five percent or more of segment volume; and 3. Project adds greater than 800 ADT to segment; 4. A cumulative impact to a street segment would occur only if Criteria #1 is met. Long Term (5 years or longer) Intersections Chula Vista Redevelopment Plan Amendment and Merger Findings ofFac! January 2004 Page 18 A direct project impact to an intersection would occur ifboth of the following criteria are met: 1. Level of service is LOS E or LOS F; and 2. Project trips comprise five percent or more of entering volume; 3. A cumulative impact to an intersection would occur only if Criteria #1 is met Street Segments Using the ADT methodology, an impact considered significant; if the following criteria are met: 1. Level of service is LOS D, LOS E, or LOS F; 2. Project trips comprise five percent or more of segment volume; and 3. Project adds greater than 800 ADT to segment; 4. A cumulative impact to a street segment would occur only if Criteria #1 is met. Impact: Development could be encouraged that could have significant traffic and circulation impacts to the area transportation and circulation system. The development of projects could generate traffic that reduces roadway segments and/or intersections to unacceptable City levels of service. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, 915091, subd. (a)(2) certain changes or alterations may be within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Explanation: Based on the threshold criteria the adoption and implementation of the Amendment could encourage development that could have significant traffic and circulation impacts to the area transportation and circulation system. The development of projects could generate traffic that reduces roadway segments and/or intersections to unacceptable City levels of service. However, no specific development projects have yet been proposed. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project causes any existing infrastructure to operate at less than an acceptable level and to ensure all projects are evaluated for traffic impacts pursuant to the February 13,2001 City of Chula Vista Guidelines for Traffic Impact Studies If traffic impacts are identified pursuant to the City of Chula Vista Guidelines for Traffic Impact Studies, a traffic study will be required to identify traffic impacts and measures will be required to mitigate the impacts. The Amendment will provide the Agency the ability to fund the construction of needed street improvements with tax increment funds.. If the Agency is able to construct needed street and circulation Chula Vista Redevelopment Plan Amendment and Merger Findings ofF.c! January 2004 Page 19 improvements the Amendment would have positive impacts by Improvmg traffic flow, reducing congestion and improving traffic safety. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.4.3, pages 91 to 92). I. Prior to approval of project plans for development or redevelopment activities in the Project Areas that are anticipated to generate substantial traffic volumes based on criteria in the February 13, 2001 City of Chula Vista Guidelines for Traffic Impact Studies, a detailed traffic study shall be approved by the City of Chula Vista. For projects that would generate 2,440 or more ADT, or 200 or more peak-hour trips, the traffic study shall be prepared in accordance with the Guidelines for Congestion Management Program (SANDAG 1994). Based upon studies, mitigation measures shall be implemented to reduce all traffic impacts to below the level of insignificance established by the City. To the extent that the study shows that an affected intersection or roadway segment within the control of another governmental agency (such as CalTrans or another city), the project proponent will be required to demonstrate to the City that they have a determination from that governmental agency that the specific project will not cause a significant impact to the intersection or segment. If such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid their proportionate share of the cost to mitigate that impact (if the project causes a cumulative impact), or that the applicable agency will provide the infrastructure necessary mitigate that impact to below that agency's adopted standard of significance unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. The traffic study may also address the following transportation/circulation issues, as appropriate and determined by the City Engineer, or his designee: (I) in addition to geometric improvements (e.g., road widening, lane restriping, intersection reconfiguration), traffic flow improvements to reduce congestion should include traffic signal installation, timing, and phasing; (2) bicycle and pedestrian pathways should be developed, at a minimum to meet standards; and (3) the City of Chula Vista should encourage the extension of public transit into the expanded Added Territory. To further reduce traffic impacts, the following transportation demand management strategies (IDM) shall be addressed in the traffic study for possible incorporation as conditions subsequent permits for future development or redevelopment activities with the Project Areas: . Promote the use of public transportation, including increased bus and trolley service/usage and possible extension of light rail transit service into the Added Territory; . Create park and ride lots; . Provide bicycle storage facilities; . Promote a ride sharing program; and . Promote flexible work shifts from area businesses. 2. Prior to issuance of a certificate of occupancy for future development or redevelopment within the Project Areas, construction of the circulation system improvements identified in the recommended traffic study in Mitigation Measure I. above, ifrequired, shall be completed to the satisfaction of the City of Chula Vista and, when applicable, Caltrans. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 20 Significance After Mitigation: There will be no significant traffic and circulation impacts with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. E. AESTHETICS Standards of Significance The threshold criteria for determining potential significant aesthetic impacts are if the adoption and implementation of the Amendment will: . Substantially impact a scenic vista; . Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings with a state scenic highway; . Substantially degrade the existing visual character or quality of the site and its surroundings; . Introduce a new source of substantial light or glare that adversely affects day or nighttime views in the area; or . Result in architecture, urban design, landscaping, and/or landforms that negatively detract from the prevailing aesthetic character of the site or surrounding area. Impact: No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent 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. Projects could have light and glare impacts on existing land uses. Development along F Street and Fourth Avenue could impact the scenic qualities of these roadways because they are scenic roadways. Findings: Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: 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. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 21 One of the objectives of the Amendment is to reduce and eliminate blight. The adoption and implementation of the Amendment will encourage the removal of existing blighted and deteriorated buildings and replace them with new buildings. The Amendment will also encourage construction of public improvements that could improve the aesthetics of the Project Areas. All future private and public improvement projects will be evaluated for consistency with the City's standards and guidelines, including the design manual, to reduce aesthetic impacts and mitigation measures will be imposed as appropriate to minimize and reduce aesthetic impacts to a level of insignificance in compliance with CEQA. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.5.3, pages 96 to 97). I. Prior to approval of project plans for subsequent development or redevelopment activities in the Project Areas, the City of Chula Vista shall review individual project plans and building design. Design review shall include plan/architecture modification, if necessary, to protect the aesthetics and character ofthe area of the project and scenic roadways. 2. All private and public improvement projects shall be reviewed by the City for consistency with the City's standards and guidelines for aesthetics and design, including the design manual, and all private and public improvement projects, shall be required to comply with those standards and guidelines, including the design manual. Significance After Mitigation: No significant aesthetic impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. F. NOISE Standards of Significance: The threshold criteria for determining whether or not the project could have significant noise impacts are based on whether or not adoption and implementation of the Amendment will: . Result in exterior noise levels that exceed 65 CNEL in residential areas and outdoor recreational areas; . Result in interior noise levels that exceed 45 dB CNEL for single-family and multi-family residential homes; . Result in noise levels that violate the City's Noise Ordinance (Chapter 19.68 of the Municipal Zoning Code); . Create a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels existing without the project. . Generate a one-hour average noise level in excess of 60 dBA at adjacent wildlife habitat during a nesting season. Impact: Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 22 T The development of projects in the future could increase both the short- and long-term noise levels that exceed adopted noise levels. Increased noise levels could impact noise sensitive land uses in the project vicinity. Findings: Pursuant to section 1509I(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effects as identified in the EIR. Explanation: No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An ErR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the development of both public and private projects could increase noise levels in the project vicinity that exceed adopted noise levels. The development of future projects could increase both short-term (construction) and long-term (operational) noise levels beyond City standards. The increased noise levels could impact noise sensitive land uses in the vicinity of the project. Potential noise impacts could include both interior and exterior noise levels impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits. The City or Agency, as appropriate, will review all future projects for potential noise impacts at the time plans are submitted for approval. When applicable, noise studies will be required to determine whether or not a project will have noise impacts as determined by the City's Noise Control Ordinance. Mitigation measures to reduce noise impacts would be imposed on projects when applicable to meet the noise ordinance and reduce noise impacts to a level of insignificance to comply with CEQA. Based on the threshold criteria the Amendment could have significant noise impacts due to the development of public and private projects in the Project Areas. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.6.3, pages 101 to 102). I. The City or Agency, as appropriate, shall review all projects for compliance with the Noise Control Ordinance and the City's CEQA significance threshold. If it is determined that a project could have significant noise impacts, an acoustical analysis shall be required. Measures to reduce noise levels in compliance with the noise standards and recommendations of the acoustical analysis shall be incorporated into the project. Prior to issuance of certificates of occupancy, the required mitigation measures specified in the approved noise analysis shall be implemented and/or constructed to the satisfaction of the City ofChula Vista. 2. Development activity shall comply with the applicable City of Chula Vista nuisance ordinance, which limits construction activity to the weekday hours of 7 A.M. to 7 P.M. Items a) through e) below shall also be shown on the face of final grading plans and/or incorporated into contractor Chula Vista Redevelopmeut Plan Amendment and Merger Findings of Fact January 2004 Page 23 specifications as necessary prior to award of construction contracts, to the satisfaction of the City ofChula Vista. a) When siting stationary equipment such as generators and compressors, sensitive receptors shall be sheltered from construction noise. This can be accomplished using existing barriers such as ground elevation change and buildings, or temporary barriers such as plywood walls or noise blankets. b) Several loud operations should occur simultaneously to decrease the duration of impacts resulting from each of the actions completed separately. c) When pile driving, alternative and less intrusive construction methods such as vibration or hydraulic insertion should be used (as available) to lower noise levels. d) Each internal combustion engine used for project construction shall be equipped with a muffler as required by Caltrans Standard Specifications 7-1.011, January 1988. e) During grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable noise requirements. Significance After Mitigation: There will be no significant noise impacts associated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. G. AIR QUALITY Standards of Significance: The State CEQA guidelines defines a potentially significant air quality impact as one that would: . Conflict with or obstruct implementation of the applicable air quality plan; . Violate any air quality standard or contribute substantially to an existing or projected air quality violation; . Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard; . Expose sensitive receptors to substantial pollutant concentrations; or, . Create objectionable odors affecting a substantial number of people. Impact: The construction and operation of future development would generate both short- and long-term air emissions, which could violate air quality thresholds. Findings: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 24 Explanation: The adoption and implementation of the Amendment will allow the Agency to fund the construction of both public and private projects. The construction and operation of public and private projects will have both short and long-term air emission impacts and contribute to air quality violations. Development could violate air quality thresholds. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unlolOwn projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project has the potential to cause air quality impacts. Measures to reduce air emissions will be incorporated when required to reduce both short and long-term air quality impacts for compliance with air emission thresholds enforced by SDAPCD. Based on the threshold criteria, the Amendment could have significant air quality impacts with the construction and operation of public and private projects that generate air emissions and exceed thresholds. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.7.3, page 114 to 116). While the following measures will serve to reduce air emissions typically 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. The following mitigation measures will serve to reduce air emISSIons: I. All projects shall be reviewed by the City or Agency, as appropriate, for potential air quality impacts based on threshold criteria adopted by the SDAPCD. The City or Agency, as appropriate, shall incorporate all applicable air emission reduction measures to reduce air emissions to comply with air emission thresholds adopted by the SDAPCD when it is determined a project would exceed SDAPCD thresholds. In addition, the City or Agency, as appropriate, shall incorporate new short and long-term air emission reduction measures in the future as applicable to further reduce project air emissions. 2. Prior to issuance of a final grading permit for development or redevelopment projects, the following measures shall be included in the grading specifications, to the satisfaction of the City of Chula Vista: a) Water all active grading areas, including the exposed soil involved in the excavation and compaction operations, and active haul roads, with adequate frequency to keep soil moist at all times. b) Cover all trucks hauling dirt, sand, soil or other lose materials, or maintain at least two feet of clearance between top of piled material and truck bed, in accordance with the requirements of the California Vehicle Code, Section 23114. c) Limit truck speeds on unpaved areas to 15 mph or less via temporary signage, speed bumps or other speed control measures. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 25 d) Sweep streets adjacent to the construction site at least once a day if visible soil materials are carried onto the streets by project vehicles and equipment. e) Pave or apply water four times daily to all unpaved parking or staging areas. 1) Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. g) Suspend all operations on any unpaved surface if winds exceed 25 mph. h) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. 3. Random periodic field inspections shall be conducted to verifY implementation of applicable construction-related measures identified in Mitigation Measure I in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City shall be notified immediately to determine the appropriate mitigation. 4. Prior to the issuance of a building permit for any facility containing stationary sources large enough to require APCD permits, future project applications shall provide evidence to the satisfaction of the City of Chula Vista that an "Authority to Construct" has been issued by the APCD for any such applicable equipment. 5. Prior to the issuance of a certificate of occupancy, future project applicants shall provide evidence to the satisfaction of the City of Chula Vista that the facilities and processes which require APCD permits have been reviewed by the APCD, and that all required permits have been issued. 6. Project construction shall implement enhanced dust control measures to maintain a less-than-significant impact associated with air quality during construction. Enhanced dust control measures shall be called out as notes on the project grading plan(s) and shall include the following: Significance After Mitigation: There will not be any significant air quality impacts associated with adoption and implementation of the Amendment with incorporation of the recommended mitigation measures. H. PUBLIC SERVICES AND UTILITIES Water Service Standards of Significance: In accordance with the State CEQA Guidelines, the threshold criteria for determining whether or not the Amendments could have potential water service impacts is if development: . Cannot be served from existing entitlements and resources and would require the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; or . Disrupts water service or causes water purveyors to provide inadequate levels of service. Substantially degrade or deplete groundwater resources. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 26 T In accordance with the City's Threshold Standards Policy: . Developer will request and deliver to the City a service availability letter from the Water District for each project. . The City shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipa] Water district with a 12 to ] 8 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The Districts' replies should address the following: a) Water availability to the City and Planning Area, considering both short and long term perspectives. b) Amount of current capacity, including storage capacity, now used or committed. c) Ability of affected facilities to absorb forecast growth. d) Evaluation of funding and site availability for projected new facilities. e) Other relevant information the District(s) desire(s) to communicate to the City and GMOC. Impact: Additional development may increase the demand for potable water for drinking, fire suppression, and landscape maintenance and impact existing water facilities, requiring upgrades to the existing distribution system to provide adequate water supplies. Findings: Pursuant to section l509](a)(]) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Moreover, pursuant to Guide]ines, 9]509], subd. (a)(2) certain changes or alterations may be within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Explanation: The Amendment will encourage development that may increase the demand for potable water for drinking, fire suppression, and landscape maintenance and impact existing water facilities. New development and/or redevelopment could require upgrades to the existing distribution system in order for development to have an adequate supply of water. No specific development projects have been submitted for forma] consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An E]R need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section ]5]45). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts water service. Development projects will be required to incorporate all state mandated and City required water conservation measures as applicable to reduce Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 27 water consumption. The incorporation of the state mandated and City required water conservation measures will reduce water consumption. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (ErR, Section 4.8.1.3, page 120). I. Prior to the approval of utility plans for development or redevelopment projects, all water plans shall be submitted to the Sweetwater Authority for their review to ensure that adequate water service is provided to the development. No permits shall be issued to any development or redevelopment project unless the Sweetwater Authority determines that adequate water exists or that the project has been amended to include all improvements to ensure an adequate water supply to the project or unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. 2. The City shall require the incorporation of all state mandated water conservation measures as well as all applicable water conservation required by the City of Chula Vista Growth Management Ordinance. Significance After Mitigation: No significant water supply impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. Police Service Standards of Significance According to the City of Chula Vista's Quality of Life Threshold Standards, the proposed project would have direct adverse impacts on police protection if the proposed Amendments would: . Result in the CVPD's inability to implement the following regulations: 1. Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. 2. Response to 57 percent of "Priority Two Urgent" calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. Impact: Additional development would increase the need for police protection services which could increase the response time to Priority One and Priority Two Urgent calls and impact the ability of the police department to maintain its desired levels of police service. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 28 Findings: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effects as identified in the EIR to a level of insignificance. Explanation: The Amendment is anticipated to encourage development and increase the need the police protection services. Although measures can be incorporated into future projects to improve police safety, additional development will increase calls for service. Additional service calls could increase the time it takes for police personnel to respond to Priority One and Priority Two Urgent calls and impact CVPD's ability to maintain desired levels of police service. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts police services to whether design changes or safety hardware can be incorporated to reduce calls for service. The incorporation of the CVPD's recommendations could reduce calls for police protection. The CVPD would also review development plans for potential impacts to emergency response and/or evacuation plans and make recommendations accordingly to reduce impacts to emergency response and/or evacuation routes. Future projects may require additional police protection personnel and/or equipment requiring a developer to provide the funds to secure the personnel and/or equipment necessary to assure adequate police protection services are available for the project. Based on the threshold criteria, the Amendments could have significant impacts on police protection servIces. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.8.2.3, page 122) for impacts associated police protection. I. Prior to the approval of a project, the developer shall pay impact fees for police protection services to help finance the needed facilities and services 2. The City shall monitor Police Department responses to emergency calls and report the results to the GMOC on an annual basis. Significance After Mitigation: No significant police protection impacts are anticipated with adoption Amendment and incorporation of the recommended mitigation measures. and implementation of the Chula Vista Redevelopment Plan Amendment and Merger Findings ofFac! January 2004 Page 29 Fire Protection Standards of Significance: According to the City of Chula Vista's Quality of Life Threshold Standards the Amendment would have an adverse impact on fire and emergency medical services if they would; . Not implement regulations set forth from the following criteria: I. Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven (7) minutes in 80 percent of the cases (measured annually). Impact: Additional development will increase the need for fire protection and emergency medical services, which could impact the ability of the fire department and medical units to respond to calls for service. Findings: Pursuant to section l5091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: The Amendment are anticipated to encourage new development and redevelopment of existing uses and increase the need for fire protection and emergency medical services. Additional demand for fire protection services could impact the CVFD by reducing the ability of fire and medical units to respond to calls throughout the City within seven minutes in 85 percent of the calls. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre- submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts fire services. In addition, development plans will be review for compliance with the fire code and other measures that can be incorporated to improve fire safety and reduce service calls. The CVFD would also review development plans for impacts to emergency response and/or evacuation routes. The Amendment may have positive impacts on the CVFD if the Agency is able to construct needed upgrades to the water distribution system to improve water pressure and flow for fire suppression. The construction of street improvements may also have positive impacts by allowing faster response time to emergency calls. Projects may require additional fire protection personnel and/or equipment requiring a developer to provide the funds necessary to secure the personnel and/or equipment necessary to assure adequate fire protection services are available for the project. Based on the threshold criteria, the Amendment could have significant impacts on fire and emergency medical services. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 30 Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.8.3.3, page 125) for impacts associated fire protection. I. Prior to approval of plans for individual projects, the City of Chula Vista Fire Department shall review the project plans and building design and include plan modifications, if necessary, to ensure compliance with all applicable fire code requirements and properly equipped and staffed fire and medical units respond to calls throughout the City within seven minutes in 85 percent of the calls. The applicant shall be required to incorporate all recommended changes into the project prior to the issuance of permits. Significance After Mitigation: No significant fire protection impacts are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measure. School Facilities Standards of Significance: According to Appendix G of the CEQA Guidelines, a project could have a significant adverse impact on the provision of public services and facilities, such as school services, ifit would: . Result in a need for new or physically altered governmental facilities, the construction of which may cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. In accordance with the City's Threshold Policy: . The City shall annually provide the two local school districts with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The growth forecast and school district response letters shall be provided to the GMOC for inclusion in its review. Impact: Additional development could have a significant impact on public schools due to increases in students that would attend schools. Findings: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, S15091, subd. (a)(2) certain changes or alterations may be within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 31 Explanation: Based on the threshold criteria the Amendment could have a significant impact on public schools due to future development that is expected to occur. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An ErR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts schools. Future projects will be reviewed at the time plans are submitted for approval to determine the impact, if any, a project would have on school facilities. The payment of developer impact fees as allowed by state law would mitigate the impact to student capacity of the schools affected. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and are made binding on the applicant through these findings (E1R, Section 4.8.4.3, page 128) for impacts associated school facilities. I. Prior to the issuance of building permits, the project applicant shall pay school impact fees or participate in an alternative financing mechanism to help finance the needed facilities and services for the Chula Vista Elementary and the Sweetwater Union High School Districts to the satisfaction of the School Districts. Significance After Mitigation: There will be no significant school impacts with adoption and implementation of the Amendment and incorporation of the recommended mitigation measure. Sewage Services Standards of Significance: According to Appendix G of the CEQA Guidelines, a project could have a significant adverse impact on sewer services if it would: . Exceed wastewater treatment requirements of the San Diego Regional Water Control Board; . Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; . Require sewer service where additional sewage treatment capacity is not presently available; or . Result in the deterioration of the quality of service provided to the area. Chula Vista Redevelopment Plan Amendment and Merger Findings ofFac! January 2004 Page 32 Additionally, the City's Threshold Standards Policy require the following: 1. Sewage flows and volumes shall not exceed City Engineering Standards as set fourth in the Subdivision Manual adopted by City Council Resolution Number 11175 on February 12, 1983, as may be amended from time to time. 2. The City shall annually provide the San Diego Metropolitan Sewer Authority with a 12 to 18 month development forecast and request confirmation that the projection is within the City's purchases capacity rights and an evaluation of their ability to accommodate the forecast and continuing growth, or the City Engineering Department staff shall gather the necessary data. Impact: Additional development could increase sewage flows that cannot be handled by existing facilities, requiring construction of new or larger facilities. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ErR to a level of insignificance. Moreover, pursuant to Guidelines, ~15091, subd. (a)(2) certain changes or alterations may be within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Explanation: The Amendment could impact the existing sewage collection and treatment systems if new development increases sewage flows that cannot be handled by existing facilities. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An ErR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future UnlOlOWll projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts the provision of sewer services. All development plans will be reviewed by the City to make sure sewage flows do not exceed City Engineering Standards and determine if existing facilities are adequate or improvements would be required. The construction of new sewage facilities could have construction impacts, which would have to be determined at the time improvement plans are submitted to the City for approval. The City would conduct environmental analysis at that time to comply with CEQA if it suspected that environmental impacts could occur. If private development projects require upgrades to existing facilities to serve new development the project developer may have to pay the cost to upgrade the facilities in conjunction with project construction. The Amendment may have positive impacts on wastewater collection facilities if the Agency is able to construct needed upgrades to the local wastewater collection facilities and improve sewer collection service. Cliula Vista Redevelopment Plan Amendment and Merger Findings ofFac! January 2004 Page 33 Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Section 4.8.5.3, page I3I) for impacts associated sewage servlces. 1. All private development projects shall be reviewed by the City of Chula Vista at the time the project is submitted for approval to make sure that adequate sewer collection facilities are available to serve the project. If it is determined the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer, or his designee, and assure that adequate sewer collection facilities are available prior to the issuance of occupancy permits unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. Significance After Mitigation: There will be no significant sewage impacts with adoption and implementation of the Amendment and incorporation of the recommended mitigation measure. Library Standards of Significance: According to the City ofChula Vista's Quality of Life Threshold Standards, the Amendment would have an adverse impact on library services if the Amendment would: . The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by build out. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. Impact: Additional development could impact existing library facilities due to an increase in their useage by residents. Findings: Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: The Amendment will encourage development that could impact exiting library facilities. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 34 ... for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts the provision of library services. New residential development will require the payment of developer fees that will be partially applied towards providing additional library facilities to meet the recommendations of the City of Chula Vista's Quality of Life TIrreshold Standards of 500 square feet of adequately equipped and staffed library facility per 1,000 population. Payment of the applicable fee by the developer to provide additional library facilities to meet the threshold criteria will mitigate the impact to library facilities. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Section 4.8.6.3, page 133) for impacts associated library services. 1. All development, as applicable shall pay the impact fee necessary to finance the needed library facilities for compliance with the City of Chula Vista's Quality of Life TIrreshold Standard for library facilities. Significance After Mitigation: There will be no significant library impacts with adoption and implementation of the Amendment and incorporation of the recommended mitigation measure. Gas and Electricity Standards of Significance: According to Appendix G of the CEQA Guidelines, the Amendments could have a significant adverse impact on the enviromnent if it would: . Use fuel or energy in a wasteful manner; The Amendment could also have a significant adverse impact on power and gas services, if the project: . Cannot be served from existing resources and would require the construction of new facilities or expansion of existing facilities, the construction of which could cause significant enviromnental effects; . Disrupts existing service or causes utility agencies to provide inadequate levels of service. Impact: Additional development would consume natural gas and electricity, which could require upgrades or extension of existing facilities. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the ErR to a level of insignificance. Moreover, pursuant to Guidelines, 915091, subd. (a)(2) certain changes or alterations may be within the responsibility and jurisdiction of another public agency Chula Vista Redevelopment Plan Amendment and Merger Findings ofFac! Jannary 2004 Page 35 and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Explanation: Future development would consume both natural gas and electricity. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section ]5145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts the provision of gas and electrical services. Although upgrades and/or extensions to existing facilities may be required for specific projects, generally the existing facilities are adequate to serve new development without any significant impacts. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Section 4.8.8.3, page 137) for impacts associated gas and electricity. 1. The City shall require the proponent of any future project to demonstrate construction, installation, or modification of existing facilities, which are necessary to provide adequate gas and electricity to the project. Natural gas and electricity generation and transmission facilities are controlled by Sempra Energy. The project proponent will be required to demonstrate to the City that they have a determination from Sempra Energy that there exists sufficient infrastructure capacity to serve the proposed project without causing a significant impact on that infrastructure system. If such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid their proportionate share of the cost to mitigate that impact (if the project causes a cumulative impact), or that the applicable agency will provide the infrastructure necessary mitigate that impact to below that agency's adopted standard of significance unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. Significance After Mitigation: There will be no significant natural gas or electricity impacts with adoption and implementation of the Amendment and implementation of the recommended mitigation measure. 1. HAZARDS AND HAZARDOUS MATERlALS Standards of Significance: According to the State CEQA Guidelines, the Amendment could result in significant adverse hazards and hazardous materials impacts if the Amendment: Create a significant hazard to the public or to the environment. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 36 . Impact: Additional development of sites that used hazardous materials in the past could expose the public or environment to hazards. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: The Amendment will not directly create a significant potential public health hazard or involve the use, manufacture, or disposal of materials that would pose a hazard to people and planned populations. The adoption and implementation of the Amendment will encourage the development of both public and private projects. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project could expose humans to significant health hazards, if hazardous materials have been spilled. The development of sites that used hazardous materials in the past could expose the public or the environment to hazards. All properties proposed for development with spilled hazardous materials will have to comply with all applicable local, county, state and federal laws regarding the remediation of the hazardous materials prior to development. The Amendment will not change the requirements to remediate contaminated properties prior to development. Assistance by the Agency to construct public or private projects will not change or alter any local, county, State or federal requirements to remove hazardous materials in compliance with all applicable laws and regulations. Based on the threshold criteria the Amendment could develop sites with hazardous materials that could result in significant adverse hazards and hazardous material impacts to the public or the environment. Mitigation Measures: The following mitigation measures are feasible and are required as a condition of approval and are made binding on the applicant through these findings (EIR, Section 4.9.3, page 145) for impacts associated hazardous materials. I. Prior to development of any property formerly occupied by or adjacent to existing facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by the City of Chula Vista to evaluate the potential for soil and groundwater contamination. If warranted by the Phase I environmental site assessment, soil and possibly groundwater sampling will be required. 2. Asbestos and lead-based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities, to the satisfaction of the City ofChula Vista. 3. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase n, and/or asbestos evaluation indicate the potential for hazardous materials at levels requiring Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 37 mitigation, all remedial measures identified in those studies shall be shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contracts, to the satisfaction of the City of Chula Vista. Those remedial measures shall be implemented prior to the issuance of grading permits. 4. All business that use hazardous materials in conjunction with their business, shall store, use, and dispose of all hazardous materials in compliance with all applicable local, county, state and federal laws and regulations. Significance After Mitigation: There will be no significant hazardous waste impacts with adoption and implementation of the Amendment and implementation of the above mitigation measures. J. RECREATION Standards of Significance: The threshold criteria for determining whether or not the Amendment will have recreational impacts according to the City ofChula Vista's Quality of Life Threshold Standards: · Individual impacts will be assessed on a project by project basis. Payment of PAD fees will assist the City among other mechanisms, including possible redevelopment fees, for addressing future park facility needs west of the 805. Impact: Additional development could increase the need for parks and recreational facilities and impact existing facilities requiring the need to provide additional parkland. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: The Amendment could encourage new development that could increase the need for parks and recreational facilities and impact existing facilities requiring the need to provide additional parkland to meet the threshold criteria. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15 I 45). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts the provision of recreation services. All projects would have to pay the applicable PAD fee or dedicate parkland per City parkland requirements. The payment of a park fee or dedication of parkland will mitigate the impacts of the project on park and recreational resources. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 38 . There are no activities associated with the Amendment that will reduce or eliminate existing park or recreational facilities. The adoption and implementation of the Amendment will allow the Agency the authority to participate in the construction of recreational facilities, thus having positive impacts on the City. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Section 4.11.3, page 165) for impacts associated recreation. I. Prior to the issuance of building permits the developer shall pay all applicable Park Acquisition and Development (PAD) fees. Significance After Mitigation: No significant park and recreational impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. K. CULTURAL RESOURCES Standards of Significance: According to the State CEQA Guidelines, a project could have a significant effect on cultural resources if the project would: . Cause a substantial adverse change in the significance of a historical resource defined in ~ 15064.5; . Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5; . Disturb any human remains, including those interred outside of formal cemeteries; or . Directly or indirectly disturb a unique paleontological resource or site or unique geological feature. Impact: Development could impact cultural resources since archaeological and paleontological resource a low to moderate potential to exist. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: 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 Territory. No specific development projects have been submitted for formal consideration. For any of Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 39 the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An ErR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the proposed project impacts archaeological and paleontological resources. Although there are not any known historical buildings in the Added Territory, some buildings may be candidates as a historical resource and could be significantly impacted if demolished or remodeled. Mitigation Measures: The following mitigation measure is feasible and is required as a condition of approval and is made binding on the applicant through these findings (EIR, Section 4.13.3, page 171) for impacts associated cultural resources. I. Implementation as required by the City or Agency, as appropriate, of the following measures associated with grading and construction of a site with the potential to contain archaeological and/or paleontological resources: Phase 1: Phase I shall consist of a qualified archaeologist or paleontologist doing a literature and records search, surface study, subsurface testing if necessary, the recordation of any sites, and a recommendation regarding the need for further work. Phase 2: If it is determined during Phase I that further work is necessary, it shall consist of the following: a) A qualified archaeological or paleontologist monitor shall be present at a pre-grading conference with the developer, grading contractor, and the City's Enviromnental Review Coordinator. The purpose of this meeting will be to consult and coordinate the role of the archaeologist or paleontologist in the grading of the site. b) An archaeologist/paleontologist or designate shall be present during those relative phases of grading as determined at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of historical or fossil remains. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified archaeologist or paleontologist as determined by the Planning Director. The contractor shall be aware of the random nature of archaeological and paleontolgical resource occurrences and the possibility of a discovery of such scientific and/or educational importance that might warrant a long-term salvage operation or preservation. The Planning Director shall resolve any conflicts regarding the role of the archaeologist or paleontologist and/or recovery times. All projects shall be reviewed by the City or Agency, as appropriate, to determine if there are any known historical resources that would be impacted by a project. If a project would impact a historical resource, the City or Agency, as appropriate, shall require the project developer to preserve or photo document the resource before its demolition, or implement other measures to be determined by the Planning Director to mitigate the impact. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 40 .. Significance After Mitigation: No significant impacts to archaeological, historical, or paleontological resources are anticipated with adoption and implementation of the Amendment and incorporation of the recommended mitigation measures. X. CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES Cumulative impacts are those which "are considered when viewed in connection with the effects of past projects, the effect of other current projects, and the effects of probable future projects" (Pub. Resources Code Section 21082.2 subd. (b)). A list of individual cumulative projects (Table 10, page 174) was included in the cumulative analysis. While the extent of environmental changes that would occur with the individual developments may not be significant, the sum of the related projects, including the adoption and implementation of the Amendment, has the potential to create significant cumulative environmental impacts in the Project Areas. Based on the analysis contained in Section 4.0 Environmental Impact Analysis, of this EIR, the project may contribute to cumulative impacts for hydrology/drainage and water quality, traffic and circulation, noise, public services and utilities, population and housing, and recreation. The project, along with other related projects, will result in the following irreversible cumulative enviromnental changes. All page numbers following the impacts refer to pages in the EIR. A. DRAINAGE AND WATER QUALITY Impact: The construction of the cumulative projects in addition to development that is anticipated in the Added Territory could increase the amount of surface runoff that is generated to the area storm drain collection system. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant environmental effect as identified in the EIR to a level of insignificance. Explanation: Increased surface flows due to the construction of cumulative projects could impact the storm drain system and its ability to adequately carry storm water. For those areas where the existing facilities may be near or at their design capacity, additional surface water quantity could significantly impact the facilities. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed enviromnental analysis at this time. An EIR need not attempt to predict future enviromnental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project, in conjunction with other planned or approved projects, causes any significant storm water or water quality impacts.. If it's determined the existing facilities are not adequate, the City will require the developer to construct the improvements necessary to handle the storm water, obtain from the developer evidence that Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 41 the appropriate agency will construct the improvements necessary to handle the storm water at the appropriate time, or obtain form the developer evidence that the developer has paid its proportional share of the costs to construct such improvements. Although cumulative projects could significantly impact the existing storm drain facilities, improvements would be provided as required by the various regulators (City and state) to mitigate the impact to a level of insignificance. Mitigation Measures: Although no specific cumulative drainage and water quality mitigation measures are listed in the Draft EIR, the following measure will ensure that adequate drainage and water quality facilities are provided in conjunction with the development of cumulative projects. The recommended mitigation measures are similar to those proposed for the Amendment, however, they have been revised accordingly to specifically address cumulative projects. The following mitigation measures are feasible and are required as a condition of approval and are made binding on the project proponent through these findings. I. Once a specific project is proposed, it will be analyzed to determine whether and to what extent the project, in conjunction with other planned or approved projects, causes any storm water or water quality infrastructure to operate at less than an acceptable level. This study shall identify the on-and off-site facilities necessary to adequately convey surface runoff to avoid or minimize on-site ponding, which could impact the integrity of building footings, and/or off-site flooding at downstream properties. This study shall also evaluate measures to avoid or minimize flooding of low-lying areas during high tide conditions, the effects of wind-driven waves generated from within San Diego Bay, flooding from the Sweetwater River, and erosion from inland or coastal flooding. All applicable measures recommended by the hydrology study shall be shown on the face of final grading and building plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. The hydrology study and mitigation measures shall be in conformance with criteria set forth by the U.S. Army Corps of Engineers for design of coastal structures. If it is determined that the project will, in conjunction with other approved or planned projects cause a significant impact on necessary storm water or drainage infrastructure, the City will require the developer to construct the improvements necessary to handle the storm water, obtain from the developer evidence that the appropriate agency will construct the improvements necessary to handle the storm water at the appropriate time, or obtain form the developer evidence that the developer has paid its proportional share of the costs to construct such improvements, as appropriate, unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. 2. Prior to issuance of a grading permit for subsequent development, a detailed erosion/siltation control plan shall be approved by the City of Chula Vista. The plan shall include, but not be limited to, the following measures to protect existing downstream areas from erosion, scour, and sediment deposition: g) Install energy dissipaters, riprap aprons, water bars, or drop structures at all drainage outlets (e.g. subdrains, storm drains, culverts, brow ditches, and drainage crossings, or swales) to protect downstream areas from erosion, channel scour, siltation, and sedimentation; h) Implement short-and long-tem stabilization (erosion control) and structural (sediment control) measures to: (1) limit the exposure of graded areas to the shortest duration possible, (2) divert upslope runoff around graded areas, and (3) sore flows and remove sediment from runoff before it leaves the construction site. Stabilization measures may include dust control, surface roughening, hydro seeding, temporary and permanent landscaping, mulching, matting, blankets, geotextiles, sod stabilization, slope protection (e.g., geogrid fabric), tree Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 42 protection (e.g., caging), and vegetative buffer strips. In addition, rubber hypalon liners shall be placed on bare soil disturbed by construction activities when weather conditions indicate any possibility of rain and the activities are temporarily suspended for any reason. Structural measures may include slope drains and benching, subdrains, storm drains, culverts, brow ditches, vegetation-lined drainage crossings, or swales, silt fencing, brush barriers, hay bales, gravel bags, berms, dikes, check dams, sediment traps, infiltration trenches, French drains, catch basins, desilting and detention basins, and vegetative controls. Such controls would likely be required at the base of manufactured slopes and/or areas adjacent to, or upstream of major drainage courses and wetlands; i) Maintain temporary and permanent landscaping on manufactured slopes, and use native or drought-tolerant vegetation, where applicable to reduce irrigation requirements j) Prevent tracking of soil from the construction site via gravel strips, temporary paVIng, sediment trapping devices, and/or wheel washing facilities at access points; k) Install/maintain gravel filters at all temporary drainage inlets; and I) Inspect/maintain all erosion and sediment control measures to ensure that they function properly during the entire construction period. All desilting traps/basins shall be cleaned when filled to 10% of their capacity, and all silt barriers shall be cleaned when accumulated sediment reaches six inches in depth. All areas planted with erosion-control vegetation shall be monitored daily for vegetation establishment and erosion problems, and any repairs and/or replacement of vegetation made promptly. Stabilization and structural controls shall be inspected at least monthly and after every significant storm event, and shall be repaired or maintained as needed to reduce sediment discharge. Access to these facilities shall be maintained during wet weather. 3. Prior to issuance of a grading permit, a Notice of Intent shall be submitted to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented in compliance with the California General Construction Activity Storm Water Permit of the NPDES. In addition, to the stabilization and structural controls specified above, the SWPPP shall include, but shall not be limited to, the following BMPs; a) Implement material and waste management programs during grading and construction, including solid, sanitary, septic, hazardous, contaminated soil, concrete and construction waste management, spill prevention, appropriate material delivery and storage, employee training, dust control, and vehicle and equipment cleaning, maintenance and fueling; b) Implement routine procedures or practices after grading and construction to reduce the amount of pollutants available for transport in the typical rainfall/runoff process such as a material use control program including proper storage and disposal practices for potential pollutants (e.g., motor oils and antifreeze); prohibiting storage of uncovered hazardous substances in outdoor areas; prohibiting the use of pesticides and herbicides listed by the Environmental Protection Agency, and spill prevention/responses and shipping/receiving practices. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 43 c) Install/maintain grease and oil traps or other filtration systems (e.g., fossil filters) at all permanent storm drain inlets; and d) Implement a monitoring program involving the following inspection and maintenance procedures for all post-construction storm water pollution control measures to ensure that they continue to function properly: . If utilized onsite, permanent detention basins shall be cleaned when filled to 10% of their capacity; . Drainage inlet filters shall be inspected and maintained at a frequency appropriate to the type of filter system used; . Landscaping sprinkler systems shall be maintained to prevent excess runoff due to leaking or broken sprinkler heads; . Drainage facilities shall be routinely inspected and repaired as needed; and . Records shall be kept of all control measure implementation, inspection, and maintenance. 4. Prior to issuance of a grading permit, all applicable short- and long-term stabilization (erosion control) and structural (sediment control) measures and BMPs recommended by the erosion/siltation control plan and SWPPP shall be shown on the face of final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. 5. During and after grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable stabilization and structural controls and BMPs in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City notified immediately to determine appropriate mitigation. 6. Prior to issuance of a certificate of occupancy, the applicant, as applicable, shall provide evidence to the City of Chula Vista that: I) a hazardous materials business plan has been prepared and implemented in accordance with local, state, and federal regulations; and 2) all local, state, and permit requirements to generate, use, store, and transport hazardous materials have been satisfied. 7. All subdivisions shall comply with Chula Vista Subdivision Manual Section 3-201.2(2) that requires subdivisions to provide on-site storm detention facilities such that the post-development flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of the subdivision. Preliminary hydrology studies shall demonstrate that runoff flow rate does not increase as a result of development. Significance After Mitigation: There will be no significant cumulative drainage or water quality impacts with incorporation of the recommended mitigation measures. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 44 . B. TRAFFIC AND CIRCULATION Impact: The development of the cumulative projects in Table 10 of the EIR (page 174 to 175) would generate a significant amount of traffic to the city roadway system. Findings: Pursuant to section l5091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~15091, subd. (a)(2) certain changes or alterations may be within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Explanation: The cumulative effect due to increased traffic could significantly impact city threshold levels of service for intersections and roadways throughout the City, including the Added Territory. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely enviromnental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project, in conjunction with other approved and planned project, cumulatively causes any significant impact to any street segment or intersection. In cases where projects would impact the roadway system the City would require the project developer to construct the roadway improvements necessary to provide acceptable levels of service to meet City threshold requirements. The construction of roadway improvements required by the City to master plan design standards would mitigate traffic and circulation impacts. Mitigation Measure: Although no specific cumulative traffic and circulation mitigation measures are listed in the Draft EIR, the following measures will ensure that adequate transportation facilities are provided in conjunction with the development of cumulative projects to serve future traffic. The recommended mitigation measures are similar to those proposed for the Amendment, however, they have been revised accordingly to specifically address cumulative projects. The following mitigation measures are feasible and are required as a condition of approval and are made binding on the project proponent through these findings. I. Prior to approval of projects that are anticipated to generate substantial traffic volumes based on criteria in the February 13, 2001 City ofChula Vista Guidelines for Traffic Impact Studies, a detailed traffic study shall be approved by the City of Chula Vista. For projects that would generate 2,440 or more ADT, or 200 or more peak-hour trips, the traffic study shall be prepared in accordance with the Guidelines for Congestion Management Program (SANDAG 1994). Based upon studies, mitigation measures shall be implemented to reduce all traffic impacts to below the level of insignificance established by the City. All City required traffic studies analyze both the project traffic as well as potential cumulative project traffic impacts. Additionally, the latest SANDAG (San Diego Association of Government) models are referenced when preparing traffic studies, which take into Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 45 account land use and zoning designations. To the extent that the traffic study shows that an affected intersection or roadway segment within the control of another governmental agency (such as CalTrans or another city), the project proponent will be required to demonstrate to the City that they have a determination from that governmental agency that the specific project, when combined with other planned and approved projects will not cause a significant impact to the intersection or segment. rf such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid their proportionate share of the cost to mitigate that impact unless subsequent environmental analysis is conducted and a statement of overriding considerations is then adopted. The traffic study may also address the following transportation/circulation issues, as appropriate and determined by the City Engineer, or his designee: (I) in addition to geometric improvements (e.g., road widening, lane restriping, intersection reconfiguration), traffic flow improvements to reduce congestion should include traffic signal installation, timing, and phasing; (2) bicycle and pedestrian pathways should be developed, at a minimum to meet standards; and (3) the City of Chula Vista should encourage the extension of public transit into areas not served by public transit, when feasible. To further reduce traffic impacts, the following transportation demand management strategies (TDM) shall be addressed in the traffic study for possible incorporation as conditions of subsequent permits for future development: . Promote the use of public transportation, including increased bus and trolley service/usage and possible extension of light rail transit service; . Create park and ride lots; . Provide bicycle storage facilities; . Promote a ride sharing program; and . Promote flexible work shifts from area businesses. 2. Prior to issuance of a certificate of occupancy for future development, construction of the circulation system improvements identified in the recommended traffic study in Mitigation Measure I. above, if required, shall be completed to the satisfaction of the City of Chula Vista and, when applicable, Caltrans. Significance After Mitigation: There will be no significant cumulative traffic and circulation impacts with incorporation of the recommended mitigation measures. C. NOISE Impact: The short and long-term noise levels that can be expected from the development of the cumulative projects in conjunction with projects that may occur in the Added Territory could be significant. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 46 T' Explanation: The cumulative noise levels that would occur during construction of cumulative projects would certainly increase the ambient noise level in the vicinity of each project. If there are several projects under construction simultaneously in one area the ambient noise level could increase significantly. Although the city has noise level criteria that must be met, the short-term cumulative noise impact could be significant. The long-term ambient noise level could also increase due to additional noise from the operation of cumulative projects. Additional traffic noise, operation of mechanical equipment and activities associated with the daily operation of business will increase the ambient, or background noise levels. The city has a noise ordinance that restricts interior and exterior noise levels. Although individual projects will have to provide measures accordingly to meet the city's noise criteria, the ambient noise level in the city could, and is expected to increase. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project, in conjunction with other planned or approved projects, causes any significant noise impacts. Mitigation Measure: Although no specific cumulative noise mitigation measures are listed in the Draft EIR, the following measures will reduce potential cumulative noise impacts associated with the development of cumulative projects. The recommended mitigation measures are similar to those proposed for the Amendment; however, they have been revised accordingly to specifically address cumulative projects. The following mitigation measures are feasible and are required as a condition of approval and are made binding on the project proponent through these findings. I. The City shall review all projects for compliance with the Noise Control Ordinance and the City's CEQA significance threshold. If it is determined that a project could have significant noise impacts, measures to reduce noise levels in compliance with the noise standards shall be incorporated into the project, through the preparation of a noise analysis. Prior to issuance of a certificate of occupancy, the required mitigation measures specified in the approved noise analysis shall be constructed to the satisfaction of the City ofChula Vista. 2. Development activity shall comply with the applicable City of Chula Vista nuisance ordinance, which limits construction activity to the weekday hours of7 A.M. to 7 P.M. Items a) through e) below shall also be shown on the face of final grading plans and/or incorporated into contractor specifications as necessary prior to award of construction contracts, to the satisfaction of the City ofChula Vista. a) When siting stationary equipment such as generators and compressors, sensitive receptors shall be sheltered from construction noise. This can be accomplished using existing barriers such as ground elevation change and buildings, or temporary barriers such as plywood walls or noise blankets. b) Several loud operations should occur simultaneously to decrease the duration of impacts resulting from each of the actions completed separately. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 47 c) When pile driving, alternative and less intrusive construction methods such as vibration or hydraulic insertion should be used Cas available) to lower noise levels. d) Each internal combustion engine used for project construction shall be equipped with a muffler as required by Caltrans Standard Specifications 7-1.011, January 1988. e) During grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable noise requirements. Significance After Mitigation: There will be no significant cumulative noise impacts with incorporation of the recommended mitigation measures. D. PUBLIC SERVICES AND UTILITIES Impact: The development of the cumulative projects In conjunction with future development in the Added Territory would increase the demand on public services and utilities. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~ 15091, subd. (a)(2) certain changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Explanation: For those services and utilities that may be near their capacities, additional demand could significantly impact the ability of the service or utility company to meet the demand. In the case of water and sewage service, the city would require the project developer to construct the improvements necessary to serve the project. In the case of services such as police, fire, and libraries the city collects impact fees that would be used to provide additional personnel, facilities, and/or equipment to serve the project. School districts require developers to pay school impact fees that are used to provide additional classroom space when needed. Measures that are required by the city and the respective utility to reduce and mitigate impacts of projects on public services and utilities will mitigate cumulative public service and utility impacts. No specific development projects have been submitted for formal consideration. For any of the projects that are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a detailed environmental analysis' at this time. An EIR need not attempt to predict future environmental consequences when future development is unspecified and uncertain. Given the lack of an proposed proJects, predicting the likely environmental consequences of future unknown projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what extent the project, in conjunction with other planned or approved projects, causes any significant impacts the aforementioned pubic services. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 48 Mitigation Measures: Although no specific cumulative public service and utility mitigation measures are listed in the Draft EIR, the following measures will reduce potential cumulative public service and utility impacts associated with the development of cumulative projects. The recommended mitigation measures are similar to those proposed for the Amendment, however, they have been revised accordingly to specifically address cumulative projects. The following mitigation measures are feasible and are required as a condition of approval and are made binding on the project proponent through these findings. Water Service I. Prior to the approval of utility plans for development or redevelopment projects, all water plans shall be submitted to the Sweetwater Authority for their review to ensure that when the impacts of the project are combined with other approved and planned projects, adequate water service can continue to be provided.. No permits shall be issued to any development or redevelopment project unless the Sweetwater Authority determines that the project will not have a cumulative impact on the provision of water or the developer has paid its proportionate fair share of the cost of improvements necessary to reduce the impacts to a level of insignificance. 2. The City shall require the incorporation of all state mandated water conservation measures as well as all applicable water conservation required by the City of Chula Vista Growth Management Ordinance. Police Service 3. Prior to the approval of a project, the developer shall pay impact fees for police protection services to help finance the needed facilities and services 4. The City shall monitor Police Department responses to emergency calls and report the results to the GMOC on an annual basis. Fire Protection 5. Prior to approval of plans for individual projects, the City of Chula Vista Fire Department shall review the project plans and building design and include plan modifications, if necessary, to ensure compliance with all applicable fire code requirements and properly equipped and staffed fire and medical units respond to calls throughout the City within seven minutes in 85 percent of the calls. The applicant shall be required to incorporate all recommended changes into the project prior to the issuance of permits. School Facilities 6. Prior to the issuance of building permits, the project applicant shall pay school impact fees or participate in an alternative financing mechanism to help finance the needed facilities and services for the Chula Vista Elementary and the Sweetwater Union High School Districts to the satisfaction of the School Districts. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 49 Sewal2e Services 7. All private development projects shall be reviewed by both the City of Chula Vista and [and the San Diego Metropolitan Sewer Authority?] at the time the project is submitted for approval to make sure that the project, in conjunction with all other planned and approved projects, does not cause a significant impact on sewer collection facilities. If it is determined the existing sewer collection facilities are not adequate to serve the project in conjunction with all other planned and approved projects, the project developer shall pay it proportionate fair share of the cost of the necessary improvements. Librarv 8. All development, as applicable shall pay the impact fee necessary to finance the needed library facilities for compliance with the City of Chula Vista's Quality of Life Threshold Standard for library facilities. Gas and Electricity 9. The City shall require the construction, installation, or modification of existing facilities, which are necessary to provide adequate gas and electricity to the project. Significance After Mitigation: There will be no significant cumulative public service and utility impacts with incorporation of the recommended mitigation measures. E. POPULATION AND HOUSING Impact: The population and the number of housing units will increase in Chula Vista with development of the cumulative projects. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: The Amendment will allow the Agency to use a percentage of tax increment revenue to provide, upgrade, improve and construct low and moderate income housing as well as participate with developers to provide other types of housing. The cumulative impact with the development of the projects in Table 6 and residential units that may be developed in the Added Territory could result in a significant increase in the population and number of housing units in Chula Vista. Although residential development must be consistent with the general plan, additional residential development could have a significant impact on the population of Chula Vista. As the population increases the city may have revise their future population estimates to account for any increase. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 50 Mitigation Measures: Although no specific cumulative public service and utility mitigation measures are listed in the Draft EIR, the following measure will reduce potential cumulative population and housing impacts associated with the development of cumulative projects. The following mitigation measure is feasible and is required as a condition of approval and is made binding on the project proponent through these findings. I. The City shall review all projects for consistency with the City's Housing Element. Significance After Mitigation: There will be no significant cumulative housing impacts with incorporation of the recommended mitigation measure. F. RECREATION Impact: The development of the cumulative residential projects in conjunction with development that is anticipated to occur in the Amended Territory will increase the demand for recreational facilities, including parks, bicycle trails, and other recreational activities. Findings: Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or incorporated into, the project that will substantially lessen or avoid the significant effect as identified in the EIR to a level of insignificance. Explanation: The city requires developers to provide parkland or pay fees to provide parkland to serve residents. The use of developer fees or development of dedicated parkland will meet the recreational needs of city residents. Although the city requires developer fees to provide parkland, additional parkland beyond that provided by developers may be necessary resulting in a significant impact. Mitigation Measures: Although no specific cumulative recreation mitigation measures are listed in the Draft EIR, the following measure will reduce potential cumulative recreation impacts associated with the development of cumulative projects. The recommended mitigation measure is the same measure proposed for the Amendments because it is applicable as suitable mitigation for cumulative projects. The following mitigation measure is feasible and is required as a condition of approval and is made binding on the project proponent through these findings. I. Prior to the issuance of building permits the developer shall pay all applicable Park Acquisition and Development (PAD) fees. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 51 Significance After Mitigation: There will be no significant cumulative recreation impacts with incorporation of the recommended mitigation measure. XI. FEASIBILITY OF POTENTrAL PROJECT ALTERNATIVES Because the project will cause some significant environmental effects, as outlined above, the Agency must consider the feasibility of any environmentally superior alternative to the project as finally approved. The Agency must evaluate whether one or more of these altematives could avoid or substantially lessen the significant environmental effects. Where, as in this project, no significant environmental effects remain after application of all feasible mitigation measures identified in the ErR, the decision makers must still evaluate the project alternatives identified in the EIR. Under these circumstances, CEQA requires findings on the feasibility of project alternatives. In general, in preparing and adopting findings, a lead agency need not necessarily address feasibility when contemplating the approval of a project with significant impacts. Where the significant impacts can be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior alternatives, even if their impacts would be less severe than those of the projects as mitigated (Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376 [253 Cal.Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147 Cal.Rptr. 842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr. 650]). Accordingly, for this project, in adopting the findings concerning project alternatives, the Agency considers only those environmental impacts that, for the finally approved projects, are significant and cannot be avoided or substantially lessened through mitigation. If project alternatives are feasible, the decision makers must adopt a Statement of Overriding Considerations with regard to the project. If there is a feasible alternative to the project, the decision makers must decide whether it is environmentally superior to the project. Proposed project alternatives considered must be ones that "could feasibly attain the basic objectives of the project." However, the CEQA Guidelines also require an EIR to examine alternatives "capable of eliminating" enviromnental effects even if these alternatives "would impede to some degree the attainment of the project objectives" (CEQA Guidelines, section 15126). The Agency has properly considered and reasonably rejected project alternatives as "infeasible" pursuant to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings requirement: "feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors" (Pub. Resources Code, section 21061.1). The CEQA Guidelines provide a broader definition of "feasibility" that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "the lack oflegal powers of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any economic, environmental, social, or technological factor" (see also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Ca1.3d 553, 565 [276 CaI.RptrAIO]). Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning as may be provided by Webster's dictionary or any other sources. Moreover, Public Resources Code section 21081 govems the "findings" requirement under CEQA with regard to the feasibility of alternatives. Specifically, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 52 environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings: 1. "Changes or alternations have been required in, or incorporated into, the project which avoid or substantially lessen the significant enviromnental effect as identified in the final EIR" (CEQA Guidelines, section 15091, subd. (a)(I)). 2. "Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the Findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency" (CEQA Guidelines, section 15091, subd. (a)(3)). 3. "Specific economic, legal, social, technological, or other considerations, including provisions of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR" (CEQA Guidelines, section 15091, subd. (a)(3)). The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar V. City of San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal. Rptr. 898]). "'[F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners Assn. V. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29 Cal.Rptr.2d 182]). These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the finally approved project, while still resulting in significant enviromnental impacts, has substantial environmental, planning, fiscal, and other benefits. In rejecting certain alternatives, the decision makers have examined the finally approved project objectives and weighed the ability of the various alternatives to meet objectives. The decision makers believe that the Amendment best meet the finally approved project objectives with the least environmental impact. The detailed discussion in Section IX and Section X demonstrate that all environmental effects of the project have been either substantially lessened or avoided through the imposition of existing policies or regulations or by the adoption of additional, formal mitigation measures recommended in the EIR. No unmitigated impacts remain. Thus, the Agency can fully satisfY its CEQA obligations by determining whether any altematives identified in the EIR are both feasible and environmentally superior with respect to the impacts listed above (Laurel Hills, supra, 83 Cal.App.3d at 519-527 [147 Cal. Rptr842]; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730-731 [270 Cal. Rptr. 650]; and Laurel Heights Improvement Association V. Regents of the University of Cali fomi a (1988) 47 Ca1.3d 376, 400-403 [253 Cal. Rptr. 426]). As the following discussion will show, no identified altemative qualifies as both feasible and environmentally superior with respect to the unmitigated impacts. The City's review of project alternatives is guided primarily by the need to reduce potential impacts associated with the Amendment, while still achieving the basic objectives of the project. Here, the Agency's primary objective is to comprehensively plan, coordinate, and implement development over a large area. More specific objectives include those previously listed in Section III. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 53 A. NO PROJECT ALTERNATIVE Section 15126, subdivision (e), of the CEQA Guidelines requires the evaluation of the "No Project" alternative. The No Project alternative assumes the existing project areas would not be merged and the Added Territory would not be added to the Merged Chula Vista Redevelopment Project Area. The No Project alternative will preclude the Agency from adopting the Amendment, eliminating the opportunities and abilities for the Agency to assist with the removal and/or upgrading of blighted properties in the Added Territory. Since some blighted properties in the Added Territory have been slow to be redeveloped on their own, the trend for the slow improvement of the properties would likely continue under the this alternative. The opportunity for the Agency to participate with a property owner, or developer, in the rehabilitation and/or demolition of the blighted properties will not be available with the No Project alternative. This project alternative will prevent the Agency from capturing additional tax increment from the Added Territory over the life of the plan. The tax increment from the Added Territory could be used by the Agency to upgrade and improve blighted conditions, including the construction of needed public improvements. The Agency is required by law to set aside at least 20% of the tax increment revenue from the Added Territory into a fund to provide, preserve and construct low and moderate income housing. The additional tax increment would allow the Agency the opportunity to provide additional revenue to provide additional low and moderate-income housing. The No Project alternative could prevent the Agency from assisting Chula Vista to provide more low- and moderate-income housing. The No Project alternative would reduce the ability of the Agency to upgrade and improve blighted properties in the Added Territory. There are numerous properties that need financial assistance in order to be redeveloped. The No Project alternative will prevent the Agency from assisting with the redevelopment of key properties that could provide jobs and increase the economic viability of Chula Vista. The No Project alternative does not totally eliminate the significant environmental impacts of the Amendments because property can still be developed as allowed by the General Plan, whether the property is in a redevelopment project area or not. The No Project alternative would not accomplish the goals and objectives of the proposed Amendments. Findings: I. The No Project alternative would not meet the project objectives listed In Section 3.5, Project Objective, on page 40 of the EIR. 2. The No Project alternative would not eliminate the significant environmental impacts indirectly associated with future development in the Added Territory. 3. The No Project alternative will preclude the Agency from adopting the Amendment, eliminating the opportunities and abilities for the Agency to assist with the removal and/or upgrading of blighted properties in the Added Territory. 4. This project alternative will prevent the Agency from capturing additional tax increment from the Added Territory, which could be used to upgrade and improve blighted conditions, including construction of needed public improvements. Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 54 5. The No Project alternative could prevent the Agency from assisting the city to provide more low- and moderate-income housing. B. ALTERNATIVE TWO - MODIFIED PROJECT AREA The proposed Amendment includes adding approximately 494 acres to be included with the Merged Town Centre II, Otay Valley and Southwest redevelopment plans. The Added Territory would increase the amount of property in the redevelopment project areas. This alternative evaluates eliminating some of the proposed added territory. The elimination of property from the Added Territory would not necessarily reduce or eliminate significant enviromnental effects that may occur by development specifically because the property is located in a redevelopment area. Project impacts, if applicable, will occur whether the project is in a redevelopment area or not. The removal of property from a redevelopment project area would eliminate the ability for the Agency to assist with its redevelopment. The enviromnental impacts associated with development of a property would exist whether the property is in a redevelopment area or not. Therefore, eliminating territory from a redevelopment area would not eliminate enviromnental impacts. The removal of property from a redevelopment project area could delay development of the property. Because some of the property in the Added Territory has not been able to be redeveloped by the private sector acting alone, its removal could further delay development. The removal of property could have an economic impact on the success of the redevelopment plan by eliminating tax increment that would be generated from the development of the property. The loss of tax increment would reduce the amount of revenue the Agency has available throughout the life to use towards removing blight. Findings: I. The Modified Project Area Altemative would not reduce or eliminate any significant environmental effects that may occur due to development specifically because the property is located in a redevelopment area. 2. The removal of. property from a redevelopment project area could delay the development of the property. 3. The Modified Project Area Altemative could result in an economic impact on the success of the redevelopment plan by eliminating tax increment that would be generated from the development of the property in the project area. C. AL TERNA TIVE THREE - NO EMINENT DOMAIN This project alternative would eliminate the use of eminent domain. Although it is the intent of the Agency not to use eminent domain, there may be situations where its use is necessary to acquire property, or assemble parcels to complete a large project. The elimination of the use of eminent domain to assemble parcels could prevent development and opportunities to eliminate blight and improve the economic viability of the community. The unavailability of the use of eminent domain by the Agency mayor may not eliminate environmental impacts. On the one hand the private sector could still build projects, however they would have to acquire Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 55 and, if necessary, assemble properties on their own without Agency assistance. If properties are assembled and developed without the use of eminent domain the environmental issues would exist independently of the use of eminent domain. Thus, the lack or unavailability of eminent domain would not eliminate the environmental impacts associated with future development. In a situation when a project doesn't move forward because the private sector could not purchase properties through negotiations with the landowner, the lack of the ability to use eminent domain to acquire property would eliminate the impacts that may have been associated with the project. Private projects may move forward at a slower pace, or not at all without eminent domain. In this case, the environmental impacts associated with a specific project would be eliminated, if the project is not constructed. This alternative could reduce the effectiveness of the Agency to eliminate blight, which is an objective of the Amendment. This alternative mayor may not eliminate environmental impacts depending upon whether or not the private section is able to obtain and assemble parcels for development without Agency assistance. Findings: I. The No Eminent Domain alternative would prevent the Agency from usmg eminent domain to acquire property for development. 2. The elimination of the use of eminent domain could prevent development and opportunities to eliminate blight and improve the economic viability of the community. 3. The unavailability of eminent domain mayor may not eliminate environmental impacts. D. PROJECT ALTERNATIVE SUMMARY The project alternatives addressed in this ErR would not eliminate the indirect adverse environmental impacts that could occur with adoption of the Amendments. Property can be developed according to the Chula Vista General Plan EIR whether it is in the Added Territory or not. Any impacts due to that development would occur independently of being in a redevelopment project area. The only real altemative that would eliminate all significant environmental effects would be no development at all, which is not feasible. Development will occur whether properties are in a redevelopment area or not. XII. FINDINGS OF FACT In summary, none of the Project Altematives will completely eliminate any significant environmental impacts that have been identified with the adoption and implementation of the Amendment. For these reasons, the Agency concludes that the No Project, Modified Project Area, and No Eminent Domain alternatives are not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23 Cal.App.4th at 715). Chula Vista Redevelopment Plan Amendment and Merger Findings of Fact January 2004 Page 56 COMMUNtTY DEVELOPMENT DEPARTMENT Chula Vista Redevelopment Agel. c) AUG .~. ..~2~03J PLANNING & ENVIRONMENTAL SERVICES REDEVELOPMENT PLAN AMENDMENT (Bayfront/Town Centre I Redevelopment Plan Merged Chula Vista Redevelopment Plan) DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT EIR-04-01 Prepared for: Chula Vista Redevelopment Agency 276 Fourth Avenue Chula Vista, California 91910 (619) 476-5311 Prepared by: Phil Martin & Associates 18195 McDurmott East, Suite C Irvine, California 92614 (949) 250-0503 STATE CLEARINGHOUSE NO. 2002121034 AUGUST 2003 T TABLE OF CONTENTS Section Pal!e 1.0 INTRODUCTION..............................................................................................................1 1.1 OVERVIEW ........................................................................................................... 1 1.2 DEFINITIONS......... ............. ... ... ............................................ ...... ........ ... ........ .... ....2 1.3 BRIEF PROJECT DESCRIPTION ........................................................................3 1.4 STATUTORY AUTHORITY ................................................................................4 1.5 ISSUES TO BE ADDRESSED ..............................................................................5 1.6 INCORPORATION BY REFERENCE ................................................................. 5 2.0 EXECUTIVE SUMMARY ...............................................................................................7 2.1 PROJECT ENVIRONMENTAL SUMMARY ...................................................... 7 2.2 PROJECT ALTERNA TIVES............................................................................... 28 2.3 AREAS OF CONTROVERSY/ISSUES TO BE RESOLVED.............................28 3.0 PROJECT DESCRIPTION ........................................................................................... 30 3.1 PROJECT LOCATION AND BOUNDARIES ....................................................30 3.2 ENVIRONMENTAL SETTING .......................................................................... 30 3.3 PROJECT DESCRIPTION..... .... ... .............. ........................... ... ... ... ............. .... .... 35 3.4 THE INTENDED USE OF THIS PROGRAM EIR..............................................39 3.5 PROJECT OBJECTIVE.............. ................................................ ... ... ... ....... .... ..... 40 4.0 ENVIRONMENTAL IMPACT ANALYSIS.................................................................42 4.1 LAND USE ...........................................................................................................42 4.2. GEOLOGy/SOILS...... ............................ ................................................ ............. 59 4.3 DRAINAGE AND WATER QUALITY .............................................................. 69 4.4 TRAFFIC AND CIRCULATION ........................................................................81 4.5 AESTHETICS.............. ......... ... ... ................................. ........... .............................. 93 4.6 NOISE.... ...... ................. .......................................................................... .... ... ....... 98 4.7 AIR QUALITy............. ...... ..................................................................... ... ... ..... 103 4.8 PUBLIC SERVICES fUTILITIES ...................................................................... 117 4.9 HAZARDS AND HAZARDOUS MATERIALS .............................................. 140 4.10 POPULATION AND HOUSING.......................................................................147 4.11 RECREATION ................................................................................................... 157 4.12 BIOLOGY RESOURCES ..................................................................................166 4.13 CULTURAL RESOURCES ............................................................................... 170 5.0 OTHER CEQA MANDATED EIR SECTIONS.........................................................173 5.1 CUMULATIVE IMP ACTS ..........................................................................1 72 6.0 GROWTH-INDUCING IMPACTS ............................................................................. 178 7.0 PROJECT AL TERNA TIVES ......................................................................................180 7.1 NO PROJECT ..................................................................................................... 189 7.2 MODIFIED PROJECT AREA ........................................................................... 189 7.3 NO EMINENT DOMAIN ..................................................................................190 8.0 ANY SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WILL BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED ...........................................................................................................193 9.0 EFFECTS FOUND NOT TO BE SIGNIFICANT......................................................195 10.0 ORGANIZATIONS AND PERSONS CONSULTED................................................196 11.0 BIBLIOGRAPHY ..........................................................................................................197 Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page i LIST OF APPENDICIES Appendix A - Initial StudyfNotice of Preparation B - Notice of Preparation Responses LIST OF FIGURES ~re hR 1. Regional Map.............................. ....... ..... .......................................... .................... ......... ....31 2. Redevelopment Project Area Map .....................................................................................32 3. Redevelopment Project Area Map .....................................................................................33 4. Redevelopment Project Area Map .....................................................................................34 5. Photograph Orientation Map.. ...... ........ ..... .................................................... ....... ......... .....43 6. Site Photographs.................... ................... ............ .............................................................44 7. Site Photographs.................... ...... ........ .... ............. ................................................... ..........45 8. Site Photographs................ ... ....... ... .... .......... ... ....................................................... .... ..... ..46 9. Site Photographs............................. ............. ......................................................................4 7 10. Site Photographs.......................... ... ..................................................... ................... ......... ..48 II. Site Photographs................... .............. .................................................................. ..... ...... ..49 12. Site Photographs.......... .................................... ................................................. .... ..... .... ... .50 13. Existing General Plan Land Use Map................................................................................51 14. Community Plan Areas Map................. ..... ............................................ .............. ......... .... .53 15. Fault Map .................................................. ............ .......................................... .... .............. .61 16. 100- Year Flood Plain Map.................. ............. .... .................................... ............... ...........70 17. Existing Roadways Map... ... ............................ ................................. ................. ..... ......... ..82 18. Designated Truck Routes..... .................. ......... ............................................................ ..... ..87 19. Hazardous Materials Sites Map .......................................................................................142 20. Existing and Proposed Parks Map ...................................................................................158 21. Multiple Species Conservation Program Preserve Map ..................................................168 LIST OF TABLES Table Page I. Redevelopment Plans....... ................. .... .... ......... .................................................. ................4 2. General Level of Service Descriptions ..............................................................................84 3. Exterior Noise Limits....................................................................................................... ..99 4. Interior Noise Limits............................... ......... ............................................................... ...99 5. Ambient Air Quality Standards .......................................................................................105 6. Chula Vista Air Quality Monitoring Summary ...............................................................1 07 7. San Diego Air Basin Emissions Inventory ......................................................................1 08 8. Threshold Levels for Project Operations .........................................................................110 9. Regional Housing Share-Chula Vista-1990-2004 ...........................................................154 10. Cumulative Proj ect List.............................. .... .................................................. ......... ..... .174 II. Comparison of Alternatives to the Amendments.............................................................182 Chula Vista Redevelopment Plan Amendment and Merger Program ErR August 2003 Page ii .. 1.0 INTRODUCTION AND PROJECT DESCRIPTION 1.1 OVERVIEW This Program Environmental Impact Report (EIR) has been prepared for the Redevelopment Agency of the City of Chula Vista("Agency") to evaluate the potential environmental impacts that could occur with the adoption and implementation of the proposed amended and restated Bayfront/Town Centre I and Merged Redevelopment Plans. The proposed 2003 Amendments involve the following actions: Bayfront/Town Centre I Redevelopment Plan a) Merge the two existing (Bayfront and Town Centre I) redevelopment plans into one restated redevelopment plan. Merged Chula Vista Redevelopment Proiect Area (consisting of the Town Centre II, Otay Valley, Southwest Redevelopment and 2003 Amendment Proiect Areas) a) Merge the three (Town Centre II, Otay Valley, and Southwest) redevelopment plans into a single restated redevelopment plan; b) Amend the Merged Project Area to include the Added Territory (also known as the 2003 Amendment Area) of approximately 22 noncontiguous areas (550 acres), consisting mostly of commercially and industrially zoned property in west Chula Vista (west of Interstate 805); c) Reestablish eminent domain authority for a 12 year period in the Otay Valley area; and d) Reestablish eminent domain authority for a 12 year period in the Town Centre II area (except on occupied residential property in a residential zone). The proposed merged redevelopment plans for the (Bayfront/Town Centre I Redevelopment Area and the Merged Town Centre II, Otay Valley, Southwest, and 2003 Amendment Redevelopment Project Area) are referred to herein as the "Redevelopment Plans". Capitalized terms used in this EIR are defined in Section 1.2 below. It is the intent of this environmental document to address, as thoroughly as possible, the potential environmental impacts that could be expected to occur with adopting and implementing the Amendments based on information available at this time. As individual projects are more specifically defined and detailed information becomes available in the future and throughout the life of the redevelopment plans additional environmental documentation will be required by the Agency or the City of Chula Vista ("City") as required by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. and the CEQA Guidelines California Code of Regulations Title 14, Chapter 3, Section 15000 et seq. This Program EIR will provide as much environmental analysis as possible at this time without being speculative, but it is anticipated that subsequent environmental analysis pursuant to CEQA will be required in the Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page I future once more detailed information for public improvement and private development projects become available. 1.2 DEFINITIONS The following bold and capitalized terms shall have the following meanings unless the context in which they are used clearly requires otherwise: "Added Territory" means the areas totaling approximately 550 acres, which is proposed to be included within the Merged Chula Vista Redevelopment Project by the Amendment. "Agency" means the Redevelopment Agency of the City ofChula Vista. "Amendments" means the Redevelopment Plan Amendments, specifically the merged Bayfront/Town Centre Redevelopment Plan, and the merged Town Centre II, Otay Valley, Southwest and the 2003 Amendment Redevelopment Project Area. "Bayfront/Town Centre I Redevelopment Plan" means the merged Bayfront and Town Centre I Redevelopment Plans, as enacted by the Chula Vista City Council. "Bayfront/Town Centre I Project Area" means the territory that is subject to the provisions of the Bayfront/Town Centre I Redevelopment Plan. "City" means the City ofChula Vista. "City Council" means the City Council of the City of Chula Vista. The members of the City Council are also members of the Agency Board. "Draft Program EIR" means the Draft Program Environmental Impact Report prepared for the Amendments. "General Plan" means the general plan of the City of Chula Vista, adopted July II, 1989 and revised 1995. "Merged Redevelopment Plan" means the Merged Chula Vista Redevelopment Plan for the areas also known as the Town Centre II, Otay Valley, Southwest and Added Territory, as enacted by the Chula Vista City Council. "Merged Project Area" means the Merged Chula Vista Redevelopment Project Area, consisting of the Town Centre II, Otay Valley, Southwest, and Added Territory subareas, that is subject to the provisions of the Merged Redevelopment Plan. "Original Redevelopment Plans" means the Redevelopment Plans for the Bayfront and Town Centre I and Merged Town Centre II, Otay Valley, and Southwest Redevelopment Plans, as they exist prior to the adoption of the proposed Amendments. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 2 "Original Project Areas" means the existing Bayfront/Town Centre I, Merged Town Centre n, Otay Valley and Southwest Redevelopment Projects, as they exist prior to the inclusion of the Added Territory and the Amendments. "Project Areas" means both the Bayfront/Town Centre I and Merged Chula Vista Redevelopment Project Areas, as amended by the Amendment. "Tax Increment" means the funds allocated to the Agency from the Project Areas pursuant to Section 33670 of the California Community Redevelopment Law (CCRL). 1.3 BRIEF PROJECT DESCRIPTION The Agency proposes to encourage both public and private rehabilitation and development in the Project Areas to reduce and eliminate blight. The Bayfront and Town Centre I Project Areas were the first established by the Agency, and were merged by special legislation for financial purposes in July 1979; yet still maintain separate redevelopment plans. The Merged Project Area includes the adopted Town Centre II, Otay Valley, and Southwest Project Areas, as well as the Added Territory that is proposed to be incorporated into the Merged Project Area by the Amendments. Table 1, Redevelopment Plans list the existing redevelopment plans that are proposed to be merged and restated, the years they were established and/or amended, and the acreage contained within the Project Area. The proposed Amendments involve expansion of the Merged Project Area to include the Added Territory, reestablishing eminent domain authority within the Otay Valley and Town Centre II Project Areas, and consolidating the existing redevelopment plans into two separate redevelopment plans for the Bayfront/Town Centre I Redevelopment Project Area and the Merged Chula Vista Redevelopment Project Area. The Amendments would reestablish the Agency's authority in the Redevelopment Plans to use eminent domain to acquire property. The establishment of the authority in the Plan must be done by amendment, despite the fact that the Agency has no plans to use eminent domain to acquire property in the Town Centre II, Otay Valley or Added Territory areas at this time. Should eminent domain be necessary as a part of project implementation, the Agency would need to comply with applicable state laws, including any CEQA review for such a project, good faith negotiations with the property owner to acquire the property without eminent domain based upon an independent appraisal, and noticed public hearings. A more detailed description of the Amendments related actions are discussed in the Project Description section of this Program EIR. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 3 Table 1 Redevelopment Plans Project Area Year(s) Established Total Acreage - Bayfront (1)(2) 1974, 1998 1035 Town Centre I (2) I 1976 I 136 Town Centre II (3) (4) I 1978, 1988 I 75 OtayValley(3) 1983 771 Southwest (3) (5) I 1990,1991 1,050 Notes: (I) Original 637-acre area established on July 16, 1974 by Ordinance No. 1541; 398 acres added by amendment adopted by Ordinance No. 2734 on July 7, 1998. (2) Bayfront and Town Centre I merged for financial purposes pursuant to special legislation (Article IS of the Redevelopment Law) and Ordinance No. 1872 on July 17, 1979. (3) Town Centre II, Otay Valley and Southwest merged for financial purposes on August 22, 2000 by Ordinance Nos. 2817, 2818, and 2819, respectively. (4) Original 65-acre area (Chula Vista Shopping Center) established on August 15,1978 by Ordinance No. 1827; 10 acres of noncontiguous property added in July 1988 by Ordinance No. 2274. (5) Original 1,040-acre area established on November 27, 1990 by Ordinance No. 2420; IO-acre amendment adopted on July 9, 1991 by Ordinance No. 2467. 1.4 STATUTORY AUTHORITY Health and Safety Code Section 33352 requires that "Every redevelopment plan submitted by the agency to the legislative body shall be accompanied by a report containing all of the following." The one requirement of Section 33352 relating to the environmental document is subsection (k) that states, "The report required by Section 21151 of the Public Resources Code." California Public Resources Code 2115l(a) states, "All local agencies shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project that they intend to carry out or approve which may have a significant effect on the environment. When a report is required by Section 65402 of the Government Code, the environmental impact report may be submitted as a part of that report." CEQA Public Resource Code Section 21090(a) states "(a) An environmental impact report for a redevelopment plan may be a master environmental impact report, program environmental impact report, or a project environmental impact report. Any environmental impact report for a redevelopment plan shall specify the type of environmental impact report that is prepared for the redevelopment plan". Pursuant to CEQA Public Resource Code Section 2l090(a), a Program EIR has been prepared for the proposed Amendments. Furthermore, it is the understanding and intent of the Agency that further environmental documentation in compliance with CEQA, unless exempt by CEQA, will be prepared in the future for all public and private development projects assisted by the Agency. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 4 This Program EIR has been prepared in accordance with CEQA, Public Resources Code Section 21000 et seq. and as allowed by the CEQA Guidelines, Administrative Code Title 14, Chapter 3, Section 15000 et seq. Based on Section 15168(a), a Program EIR may be prepared on a series of actions that can be characterized as one large project and are related either: geographically; as logical parts in the chain of contemplated actions; in connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Thus, this Program EIR has been prepared for the proposed Amendments as authorized by Health and Safety Code Section 33352 and CEQA Section 21090. The City of Redevelopment Agency of the City of Chula Vista is the Lead Agency for the preparation of this Program EIR. This Program EIR has been subjected to the Agency's own review and analysis and reflects the independent judgment of the Agency. An Initial Study was prepared for the proposed Chula Vista Redevelopment Plan Amendments. Once the Initial Study was prepared, a Notice of Preparation (NOP) and Initial Study were mailed to various Responsible, Taxing, Trustee Agencies, County of San Diego County Clerk, State Clearinghouse, and interested persons for a 30-day review that began December 6, 2002 and ended January 6, 2003. A copy of the Initial Study and Notice of Preparation is included as Appendix A of thi.s Program EIR. A list of organizations and persons that received a copy of the Initial Study and Notice of Preparation is included as Section 10.0 of this Program EIR. Letters received by those public agencies that responded to the Notice of Preparation are included in Appendix B of this document. 1.S ISSUES TO BE ADDRESSED The environmental issues addressed in this Program EIR have been determined based on the completion of the Initial Study and correspondence with public agencies, organizations, and individuals through the Notice of Preparation and Initial Study review and comment process. The issues addressed in this Program EIR include the evaluation of potential environmental impacts on: Aesthetics; Air Quality; Cultural Resources; Geology/Soils; Hydrology/Water Quality; Transportation/Traffic; Public Services/Utilities/Service Systems; Land Use; Hazards and Hazardous Materials; Population and Housing; Recreation; Biology Resources; and Noise. In addition, this Program EIR addresses all other sections as required by CEQA. 1.6 INCORPORATION BY REFERENCE As permitted by Section 15150 of the CEQA Guidelines, this EIR references several technical studies, analyses, reports, and EIRs. Information from the documents, which has been incorporated by reference into this PEIR, has been briefly summarized; the relationship between the incorporated part of the referenced document and this EIR is described. The documents and other sources, which have been used in the preparation of this EIR, are identified in Section 11.0, BIBLIOGRAPHY. In accordance with Section 15150(b) of the CEQA Guidelines, the location where the public may obtain and review these referenced documents and other sources used in the preparation of the EIR is also identified. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 5 The analysis in this Program EIR focuses on the Added Territory (550 acres). Environmental analysis of previous redevelopment project areas was completed pursuant to their respective environmental documents on file with the City of Chula Vista Planning and Building Department located at 276 Fourth Avenue, Chula Vista, California. The current City of Chula Vista General Plan was adopted on July II, 1989 by Resolution No. 15176. The General Plan was reprinted in September 1995 with revisions through September 5, 1995. Throughout this Program EIR reference will be made to the General Plan. For purposes of clarification the reference is to the adopted City of Chula Vista General Plan reprinted September 1995 and is incorporated by reference. A copy of the Chula Vista General Plan is available at the City of Chula Vista Planning and Building Department located at 276 Fourth Avenue, Chula Vista, California. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 6 2.0 EXECUTIVE SUMMARY 2.1 PROJECT ENVIRONMENTAL SUMMARY The purpose of the project summary is to provide the reader with a summary of the potential environmental project impacts and suggested mitigation measures, if any, that may be associated with adoption and implementation of the proposed Chula Vista Amended and Restated Redevelopment Plan Amendments. For a complete discussion, it is suggested that the reader refer to the text of this document, which addresses potential project impacts, issues and proposed mitigation measures. The summary of the potential project impacts and recommended mitigation measures as discussed in the Program EIR is presented below. Project Summary 2.1.1 LAND USEI PLANNING Project Impacts The Amendments conform to the general plan because they incorporate the Chula Vista General Plan by reference, thus the Amendments would not conflict with land uses designated by the General Plan. In addition, the Amendments do not conflict with any land use plans, policies, or applicable agency regulations because no land use, policy or agency regulation changes are proposed. There will be no increase in densities with adoption of the Amendments. The Amendments will allow the Agency the authority to acquire and assemble property by eminent domain. The ability for the Agency to acquire property to remove blight by demolishing buildings, constructing new buildings, upgrading buildings to meet current building and fire codes could have positive land use effects for the community. The adoption and implementation of the Amendments could have positive impacts by allowing the Agency the ability to assist the private sector to upgrade and improve both the economic and physical viability of the project area. The adoption and implementation of the Amendments will not have any significant direct land use impacts based on the land use threshold criteria. The City or Agency, as appropriate, will evaluate all private and public projects in the future for potential land use impacts at the time development plans are submitted for approval. The City or Agency will ensure that all projects comply with the general plan. Mitigation Measures The following mitigation measure is recommended: I. As noted in Section 4.0 of the EIR, mitigation measures will be imposed upon projects to ensure that the infrastructure necessary to serve the projects will be developed in a manner and time to ensure that the projects do not cause a significant impact on the infrastructure systems serving the proj ects. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 7 Significance After Mitigation No significant land use impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. 2.1.2 GEOLOGY/SOILS Project Impacts Conclusion 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. Although there are no known active faults in Chula Vista, there are active faults outside the City that could impact development in the Project Areas. Seismic activity could impact future development. Projects are not anticipated to increase or be impacted by soil erosion. The incorporation of City required erosion control measures into future projects would minimize soil erosion. Earthquake induced ground failure such as liquefaction and differential settlement could impact future development. The City follows state regulations and has programs that implement the geologic and seismic policies of the general plan to protect property and City residents from geologic hazards such as liquefaction and differential settlement. Implementation of these programs relative to the geologic and seismic constraints of development will reduce impacts to a level of insignificance. Since specific development plans for public and private projects are not available at this time it is speculative to identify with any accuracy the direct and indirect soils and geologic impacts that may occur with their construction. The City would determine if additional environmental analysis would be required for compliance with CEQA at the time plans for individual projects are submitted for approval. The City would prepare additional environmental analysis to identify any direct and indirect soils and geologic impacts that would be associated with the construction of projects and recommend measures accordingly to reduce significant impacts, pursuant to CEQA and local/state building regulations. Mitigation Measures The following mitigation measures are recommended to reduce potential geologic hazard and soil erosion impacts associated with the construction of projects. 1. Prior to the issuance of a final grading permit for development, a detailed geotechnical investigation shall be approved by the City of Chula Vista. The investigation shall include field work (e.g., subsurface exploration, sampling) and laboratory analysis to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical investigation shall be shown on the final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City ofChula Vista. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 8 2. The City or Agency, as appropriate, shall review all development plans for potential liquefaction impacts and require the incorporation of all applicable liquefaction prevention measures deemed appropriate by the Building Official to comply with the Uniform Building Code and Title 24. 3. The City or Agency, as appropriate, shall review all development plans for potential differential settlement impacts and require the incorporation of all applicable lateral spreading prevention measures deemed appropriate by the Building Official to comply with the Uniform Building Code and Title 24. Significance After Mitigation No significant geology/soils impacts are anticipated with adoption and implementation of the Amendments and incorporation ofthe recommended mitigation measures. 2.1.3 HYDROLOGY /DRAINAGE AND WATER QUALITY Project Impacts Future development could result in drainage impacts due to the alteration of existing drainage patterns and/or an increase in surface water runoff. The development of properties in the 100- year flood plain near the Sweetwater River would have to be protected from a 1 DO-year flood. Development could also increase the amount of surface water runoff generated to the storm drain collection system due to an increase in the amount of impervious surfaces, such as rooftops, parking lots, and other hardscape. An increase in surface water quantity could impact existing storm drain facilities downstream of the project. Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes, nutrients, litter, hazardous chemicals, and pesticides and fertilizers that enter local bodies of water. Potential erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated. These urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Development would not be significantly impacted by a seiche or tsunami. All development will be required to comply with the City's NPDES requirements and Chula Vista Municipal Code Section l4.20.l20.A through all stages of planning, design, construction, and post construction, including structural and nonstructural pollution control measures to limit urban pollutants reaching the waters of the United States to the maximum extent practical. A NPDES permit would be required for all projects that discharge to surface waters, or a Waste Discharge Requirements permit for any discharge of wastes to land as required by the California Water Code. The City has construction and post construction Best Management Practices (BMPs) to mitigate and reduce water quality impacts. All applicable BMPs would be incorporated into projects to control the discharge of pollutants, prevent sewage spills, and avoid the discharge of sediments into the streets, storm water conveyance channels or waterways. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 9 Mitigation Measures The following mitigation measures are recommended to reduce drainage and water quality impacts associated with development in the Project Areas: I. Prior to approval of project plans for development and public improvement projects in the Project Areas, a site-specific hydrology study shall be approved by the City of Chula Vista. This study shall identify the on-and off-site facilities necessary to adequately convey surface runoff to avoid or minimize on-site ponding, which could impact the integrity of building footings, and/or off-site flooding at downstream properties. This study shall also evaluate measures to avoid or minimize flooding of low-lying areas during high tide conditions, the effects of wind-driven waves generated from within San Diego Bay, flooding from the Sweetwater River, and erosion from inland or coastal flooding. All applicable measures recommended by the hydrology study shall be shown on the face of final grading and building plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. The hydrology study and mitigation measures shall be in conformance with criteria set forth by the U.S. Army Corps of Engineers for design of coastal structures. 2. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, a detailed erosion/siltation control plan shall be approved by the City of Chula Vista. The plan shall include, but not be limited to, the following measures to protect existing downstream areas from erosion, scour, and sediment deposition: a) Install energy dissipaters, riprap aprons, water bars, or drop structures at all drainage outlets (e.g. sub drains, storm drains, culverts, brow ditches, and drainage crossings, or swales) to protect downstream areas from erosion, channel scour, siltation, and sedimentation; b) Implement short-and long-tem stabilization (erosion control) and structural (sediment control) measures to: (I) limit the exposure of graded areas to the shortest duration possible, (2) divert upslope runoff around graded areas, and (3) sore flows and remove sediment from runoff before it leaves the construction site. Stabilization measures may include dust control, surface roughening, hydro seeding, temporary and permanent landscaping, mulching, matting, blankets, geotextiles, sod stabilization, slope protection (e.g., geogrid fabric), tree protection (e.g., caging), and vegetative buffer strips. In addition, rubber hypalon liners shall be placed on bare soil disturbed by construction activities when weather conditions indicate any possibility of rain and the activities are temporarily suspended for any reason. Structural measures may include slope drains and benching, sub drains, storm drains, culverts, brow ditches, vegetation-lined drainage crossings, or swales, silt fencing, brush barriers, hay bales, gravel bags, berms, dikes, check dams, sediment traps, infiltration trenches, French drains, catch basins, desilting and Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 10 . ' detention basins, and vegetative controls. Such controls would likely be required at the base of manufactured slopes and/or areas adjacent to, or upstream of major drainage courses and wetlands; c) Maintain temporary and permanent landscaping on manufactured slopes, and use native or drought-tolerant vegetation, where applicable to reduce irrigation requirements d) Prevent tracking of soil from the construction site via gravel strips, temporary paving, sediment trapping devices, and/or wheel washing facilities at access points; e) Install/maintain gravel filters at all temporary drainage inlets; and f) Inspect/maintain all erosion and sediment control measures to ensure that they function properly during the entire construction period. All desilting trapslbasins shall be cleaned when filled to 10% of their capacity, and all silt barriers shall be cleaned when accumulated sediment reaches six inches in depth. All areas planted with erosion-control vegetation shall be monitored daily for vegetation establishment and erosion problems, and any repairs and/or replacement of vegetation made promptly. Stabilization and structural controls shall be inspected at least monthly and after every significant storm event, and shall be repaired or maintained as needed to reduce sediment discharge. Access to these facilities shall be maintained during wet weather. 3. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, a Notice of Intent shall be submitted to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented in compliance with the California General Construction Activity Storm Water Permit of the NPDES. In addition, to the stabilization and structural controls specified above, the SWPPP shall include, but shall not be limited to, the following BMPs; a) hnplement material and waste management programs during grading and construction, including solid, sanitary, septic, hazardous, contaminated soil, concrete and construction waste management, spill prevention, appropriate material delivery and storage, employee training, dust control, and vehicle and equipment cleaning, maintenance and fueling; b) hnplement routine procedures or practices after grading and construction to reduce the amount of pollutants available for transport in the typical rainfall/runoff process such as a material use control program including proper storage and disposal practices for potential pollutants (e.g., motor oils and antifreeze); prohibiting storage of uncovered hazardous substances in outdoor areas; prohibiting the use of pesticides and herbicides listed by the Environmental Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 11 Protection Agency, and spill prevention/responses and shipping/receiving practices. c) Install/maintain grease and oil traps or other filtration systems (e.g., fossil filters) at all permanent storm drain inlets; and d) Implement a monitoring program involving the following inspection and maintenance procedures for all post-construction storm water pollution control measures to ensure that they continue to function properly: · If utilized onsite, permanent detention basins shall be cleaned when filled to 10% of their capacity; · Drainage inlet filters shall be inspected and maintained at a frequency appropriate to the type of filter system used; · Landscaping sprinkler systems shall be maintained to prevent excess runoff due to leaking or broken sprinkler heads; · Drainage facilities shall be routinely inspected and repaired as needed; and · Records shall be kept of all control measure implementation, inspection, and maintenance. 4. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, all applicable short- and long-term stabilization (erosion control) and structural (sediment control) measures and BMPs recommended by the erosion/siltation control plan and SWPPP shall be shown on the face of final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. 5. During and after grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable stabilization and structural controls and BMPs in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City notified immediately to determine appropriate mitigation. 6. Prior to issuance of a certificate of occupancy, the applicant, as applicable, shall provide evidence to the City of Chula Vista that: I) a hazardous materials business plan has been prepared and implemented in accordance with local, state, and federal regulations; and 2) all local, state, and permit requirements to generate, use, store, and transport hazardous materials have been satisfied. 7. All subdivisions shall comply with Chula Vista Subdivision Manual Section 3-201.2(2) that requires subdivisions to provide on-site storm detention facilities such that the post- development flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of the subdivision. Preliminary hydrology studies shall demonstrate that runoff flow rate does not increase as a result of development. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 12 T' Significance After Mitigation There will be no significant drainage or water quality impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. 2.1.4 TRAFFIC AND CIRCULATION Project Impacts 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. The development of projects could generate traffic that reduces roadway segments and/or intersections to unacceptable City levels of service. The City or Agency, as appropriate, will evaluate all private projects for traffic impacts pursuant to the February 13, 2001 City ofChula Vista Guidelines for Traffic Impact Studies at the time projects are submitted to the City for approval. If traffic impacts are identified pursuant to the City of Chula Vista Guidelines for Traffic Impact Studies, a traffic study will be required to identify traffic impacts and measures will be required to mitigate the impacts. The Amendments will allow the Agency the ability to construct needed street improvements as tax increment becomes available. If the Agency is able to construct needed street and circulation improvements the Amendments would have positive impacts by improving traffic flow, reducing congestion and improving traffic safety. Mitigation Measures The following mitigation measures are recommended: I. Prior to approval of project plans for development or redevelopment activities in the Project Areas that are anticipated to generate substantial traffic volumes based on criteria in the February 13, 2001 City of Chula Vista Guidelines for Traffic Impact Studies, a detailed traffic study shall be approved by the City of Chula Vista. For projects that would generate 2,440 or more ADT, or 200 or more peak-hour trips, the traffic study shall be prepared in accordance with the Guidelines for Congestion Management Program (SANDAG 1994). Based upon studies, mitigation measures shall be implemented to reduce all traffic impacts to below the level of insignificance established by the City. The traffic study may also address the following transportation/circulation issues, as appropriate and determined by the City Engineer, or his designee: (I) in addition to geometric improvements (e.g., road widening, lane restriping, intersection reconfiguration), traffic flow improvements to reduce congestion should include traffic signal installation, timing, and phasing; (2) bicycle and pedestrian pathways should be developed, at a minimum to meet standards; and (3) the City of Chula Vista should encourage the extension of public transit into the expanded Added Territory. To further reduce traffic impacts, the following transportation demand management Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 13 strategies (TDM) shall be addressed in the traffic study for possible incorporation as conditions of subsequent permits for future development or redevelopment activities with the Project Areas: . Promote the use of public transportation, including increased bus and trolley service/usage and possible extension oflight rail transit service into the Added Territory; . Create park and ride lots; . Provide bicycle storage facilities; . Promote a ride sharing program; and . Promote flexible work shifts from area businesses. 2. Prior to issuance of a certificate of occupancy for future development or redevelopment within the Project Areas, construction of the circulation system improvements identified in the recommended traffic study in Mitigation Measure I. above, if required, shall be completed to the satisfaction of the City of Chula Vista and, when applicable, Caltrans. Significance After Mitigation There will be no significant traffic and circulation impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. 2.1.5 AESTHETICS Project Impacts 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, proj ects could increase light and glare and impact existing land uses in the vicinity that are sensitive to light and glare. Development along F Street, Fourth Avenue, and Marina Parkway could impact the scenic qualities of these two roadways because they are designated as scenic roadways. One of the objectives of the Amendments is to reduce and eliminate blight. The adoption and implementation of the Amendments will encourage the removal of existing blighted and deteriorated buildings and replace them with new buildings. The Amendments will also encourage construction of public improvements that could improve the aesthetics of the Project Areas. All future private and public improvement projects will be evaluated for consistency with the City's standards and guidelines, including the design manual, to reduce aesthetic impacts and mitigation measures will be imposed as appropriate to minimize and reduce aesthetic impacts to a level of insignificance in compliance with CEQA. Mitigation Measures The following mitigation measure is recommended: Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 14 . I. Prior to approval of project plans for subsequent development or redevelopment activities in the Project Areas, the City of Chula Vista shall review individual project plans and building design. Design review shall include plan/architecture modification, if necessary, to protect the aesthetics and character of the area of the project and scenic roadways. 2. All private and public improvement projects shall be reviewed by the City for consistency with the City's standards and guidelines for aesthetics and design, including the design manual, and all private and public improvement projects, shall be required to comply with those standards and guidelines, including the design manual. Significance After Mitigation No significant aesthetic impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. 2.1.6 NOISE Project Impacts The development of both public and private projects could increase noise levels in the project vicinity that exceed adopted noise levels. The development of future projects could increase both short-term (construction) and long-term (operational) noise levels beyond City standards. The increased noise levels could impact noise sensitive land uses in the vicinity of the project. Potential noise impacts could include both interior and exterior noise levels impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits. Because specific development plans of future public and private projects are not available at this time it is speculative to determine project specific noise impacts, including short or long-term impacts. The City or Agency, as appropriate, will review all future projects for potential noise impacts at the time plans are submitted for approval. When applicable, noise studies will be required to determine whether or not a project will have noise impacts as determined by the City's Noise Control Ordinance. Mitigation measures to reduce noise impacts would be imposed on projects when applicable to meet the noise ordinance and reduce noise impacts to a level of insignificance to comply with CEQA. Based on the threshold criteria the Amendments could have significant noise impacts due to the development of public and private projects in the Project Areas. Mitigation Measures Upon evaluation of specific redevelopment projects by the City or the Agency, as appropriate, if potential significant noise impacts are anticipated the following measure shall be implemented where appropriate: 1. The City or Agency, as appropriate, shall review all projects for compliance with the Noise Control Ordinance and the City's CEQA significance threshold. rfit is determined that a project could have significant noise impacts, measures to reduce noise levels in compliance with the noise standards shall be incorporated into the proj ect, through the preparation of a noise analysis. Prior to issuance of a certificate of occupancy, the Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 15 required mtltgation measures specified in the approved nOIse analysis shall be constructed to the satisfaction of the City ofChula Vista. 2. Development activity shall comply with the applicable City of Chula Vista nuisance ordinance, which limits construction activity to the weekday hours of 7 A.M. to 7 P.M. Items a) through d) below shall also be shown on the face of final grading plans and/or incorporated into contractor specifications as necessary prior to award of construction contracts, to the satisfaction of the City of Chula Vista. a) When siting stationary equipment such as generators and compressors, sensitive receptors shall be sheltered from construction noise. This can be accomplished using existing barriers such as ground elevation change and buildings, or temporary barriers such as plywood walls or noise blankets. b) Several loud operations should occur simultaneously to decrease the duration of impacts resulting from each ofthe actions completed separately. c) When pile driving, alternative and less intrusive construction methods such as vibration or hydraulic insertion should be used (as available) to lower noise levels. d) Each internal combustion engine used for project construction shall be equipped with a muffler as required by Caltrans Standard Specifications 7-1.011, January 1988. e) During grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable noise requirements. Significance After Mitigation There will be no significant noise impacts associated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. 2.1.7 AIR QUALITY Project Impacts The adoption and implementation of the Amendments will allow the Agency to fund the construction of both public and private projects. The construction and operation of public and private projects will have both short and long-term air emission impacts and contribute to air quality violations. Development could violate air quality thresholds. The City or Agency, as appropriate, will evaluate all projects for potential air quality impacts at the time plans are submitted for approval. Measures to reduce air emissions will be incorporated when required to reduce both short and long-term air quality impacts for compliance with air emission thresholds enforced by SDAPCD. Based on the threshold criteria, the Amendments could have significant Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 16 . air quality impacts with the construction and operation of public and private projects that generate air emissions and exceed thresholds. Mitigation Measures The following mitigation measures are recommended to reduce air emiSSIOns. While the following measures will serve to reduce air emissions typically 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. The following mitigation measures will serve to reduce air emissions: 1. All projects shall be reviewed by the City or Agency, as appropriate, for potential air quality impacts based on threshold criteria adopted by the SDAPCD. The City or Agency, as appropriate, shall incorporate all applicable air emission reduction measures to reduce air emissions to comply with air emission thresholds adopted by the SDAPCD when it is determined a project would exceed SDAPCD thresholds. In addition, the City or Agency, as appropriate, shall incorporate new short and long-term air emission reduction measures in the future as applicable to further reduce project air emissions. 2. Prior to issuance of a final grading permit for development or redevelopment projects, the following measures shall be included in the grading specifications, to the satisfaction of the City ofChula Vista: a) Water all active grading areas, including the exposed soil involved in the excavation and compaction operations, and active haul roads, with adequate frequency to keep soil moist at all times. b) Cover all trucks hauling dirt, sand, soil or other lose materials, or maintain at least two feet of clearance between top of piled material and truck bed, in accordance with the requirements ofthe California Vehicle Code, Section 23114. c) Limit truck speeds on unpaved areas to 15 mph or less via temporary signage, speed bumps or other speed control measures. d) Sweep streets adjacent to the construction site at least once a day if visible soil materials are carried onto the streets by project vehicles and equipment. e) Pave or apply water four times daily to all unpaved parking or staging areas. f) Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. g) Suspend all operations on any unpaved surface if winds exceed 25 mph. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR Augnst 2003 Page 17 h) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. 3. Random periodic field inspections shall be conducted to verify implementation of applicable construction-related measures identified in Mitigation Measure I in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City shall be notified immediately to determine the appropriate mitigation. 4. Prior to the issuance of a building permit for any facility containing stationary sources large enough to require APCD permits, future project applications shall provide evidence to the satisfaction of the City of Chula Vista that an "Authority to Construct" has been issued by the APCD for any such applicable equipment. 5. Prior to the issuance of a certificate of occupancy, future project applicants shall provide evidence to the satisfaction of the City of Chula Vista that the facilities and processes which require APCD permits have been reviewed by the APCD, and that all required permits have been issued. 6. Project construction shall implement enhanced dust control measures to maintain a less- than-significant impact associated with air quality during construction. Enhanced dust control measures shall be called out as notes on the project grading plan(s) and shall include the following: Significance After Mitigation There will not be any significant air quality impacts associated with adoption and implementation of the Amendments with incorporation of the recommended mitigation measures. 2.1.8 PUBLIC SERVICES Water Service Project Impacts The Amendments will encourage development that may increase the demand for potable water for drinking, fire suppression, and landscape maintenance and impact existing water facilities. New development and/or redevelopment could require upgrades to the existing distribution system in order for development to have an adequate supply of water. Development projects will be required to incorporate all state mandated and City required water conservation measures as applicable to reduce water consumption. The incorporation of the state mandated and City required water conservation measures will reduce water consumption. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 18 . Mitigation Measures The following mitigation measures are recommended: I. Prior to the approval of utility plans for development or redevelopment projects, all water plans shall be submitted to the Sweetwater Authority for their review to ensure that adequate water service is provided to the development. No permits shall be issued to any development or redevelopment project unless the Sweetwater Authority determines that adequate water exists or that the project has been amended to include all improvements to ensure an adequate water supply to the project. 2. The City shall require the incorporation of all state mandated water conservation measures as well as all applicable water conservation required by the City of Chula Vista Growth Management Ordinance. Significance After Mitigation No significant water supply impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Police Service Project Impacts The Amendments are anticipated to encourage development and increase the need the police protection services. Although measures can be incorporated into future projects to improve police safety, additional development will increase calls for service. Additional service calls could increase the time it takes for police personnel to respond to Priority One and Priority Two Urgent calls and impact CVPD's ability to maintain desired levels of police service. Development plans will be reviewed by the CVPD at the time they are submitted for approval to determine if design changes or safety hardware can be incorporated to reduce calls for service. The incorporation of the CVPD's recommendations could reduce calls for police protection. The CVPD would also review development plans for potential impacts to emergency response and/or evacuation plans and make recommendations accordingly to reduce impacts to emergency response and/or evacuation routes. Future projects may require additional police protection personnel and/or equipment requiring a developer to provide the funds to secure the personnel and/or equipment necessary to assure adequate police protection services are available for the project. Based on the threshold criteria, the Amendments could have significant impacts on police protection services. Mitigation Measures The following mitigation measures are recommended to reduce police protection impacts: I. Prior to the approval of a project, the developer shall pay impact fees for police protection services to help finance the needed facilities and services Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 19 2. The City shall monitor Police Department responses to emergency calls and report the results to the GMOC on an annual basis. Significance After Mitigation No significant police protection impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Fire Protection Project Impacts The Amendments are anticipated to encourage new development and redevelopment of existing uses and increase the need for fire protection and emergency medical services. Additional demand for fire protection services could impact the CVFD by reducing the ability of fire and medical units to respond to calls throughout the City within seven minutes in 85 percent of the calls. Development plans will be review for compliance with the fire code and other measures that can be incorporated to improve fire safety and reduce service calls. The CVFD would also review development plans for impacts to emergency response and/or evacuation routes. The Amendments may have positive impacts on the CVFD if the Agency is able to construct needed upgrades to the water distribution system to improve water pressure and flow for fire suppression. The construction of street improvements may also have positive impacts by allowing faster response time to emergency calls. Projects may require additional fire protection personnel and/or equipment requiring a developer to provide the funds necessary to secure the personnel and/or equipment necessary to assure adequate fire protection services are available for the project. Based on the threshold criteria, the Amendments could have significant impacts on fire and emergency medical services. Mitigation Measures The following mitigation measure is recommended: I. Prior to approval of plans for individual projects, the City ofChula Vista Fire Department shall review the project plans and building design and include plan modifications, if necessary, to ensure compliance with all applicable fire code requirements and properly equipped and staffed fire and medical units respond to calls throughout the City within seven minutes in 85 percent of the calls. The applicant shall be required to incorporate all recommended changes into the project prior to the issuance of permits. Significance After Mitigation No significant fire protection impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 20 .' School Facilities Based on the threshold criteria the Amendments could have a significant impact on public schools due to future development that is expected to occur. Future projects will be reviewed at the time plans are submitted for approval to determine the impact, if any, a project would have on school facilities. The payment of developer impact fees as allowed by state law would mitigate the impact to student capacity of the schools affected. Mitigation Measures The following mitigation measure is recommended: 1. Prior to the issuance of building permits, the project applicant shall pay school impact fees or participate in an alternative financing mechanism to help finance the needed facilities and services for the Chula Vista Elementary and the Sweetwater Union High School Districts to the satisfaction of the School Districts. Significance After Mitigation There will be no significant school impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Sewage Services Project Impacts The Amendments could impact the existing sewage collection and treatment systems if new development increases sewage flows that cannot be handled by existing facilities. All development plans will be reviewed by the City to make sure sewage flows do not exceed City Engineering Standards and determine if existing facilities are adequate or improvements would be required. The construction of new sewage facilities could have construction impacts, which would have to be determined at the time improvement plans are submitted to the City for approval. The City would conduct environmental analysis at that time to comply with CEQA if it suspected that environmental impacts could occur. If private development projects require upgrades to existing facilities to serve new development the project developer may have to pay the cost to upgrade the facilities in conjunction with project construction. The Amendments may have positive impacts on wastewater collection facilities if the Agency is able to construct needed upgrades to the local wastewater collection facilities and improve sewer collection service. Mitigation Measures The following mitigation measure is recommended to ensure that adequate sewage collection facilities are available to serve new development that may occur indirectly with adoption of the Amendments. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 21 I. All private development projects shall be reviewed by both the City of Chula Vista and Engineering Departments at the time the project is submitted for approval to make sure that adequate sewer collection facilities are available to serve the project. If it is determined the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer, or his designee, and assure that adequate sewer collection facilities are available prior to the issuance of occupancy permits. Significance After Mitigation There will be no significant sewage impacts with adoption and implementation of the Amendments and incorporation ofthe recommended mitigation measure. Library Project Impacts The Amendments will encourage development that could impact exiting library facilities. New residential development will require the payment of developer fees that will be partially applied towards providing additional library facilities to meet the recommendations of the City of Chula Vista's Quality of Life Threshold Standards of 500 square feet of adequately equipped and staffed library facility per 1,000 population. Payment of the applicable fee by the developer to provide additional library facilities to meet the threshold criteria will mitigate the impact to library facilities. Mitigation Measures The following mitigation measure is recommended: I. All development, as applicable shall pay the impact fee necessary to finance the needed library facilities for compliance with the City of Chula Vista's Quality of Life Threshold Standard for library facilities. Significance After Mitigation There will be no significant library impacts with adoption and implementation of the Amendments and incorporation ofthe recommended mitigation measure. Solid Waste Disposal Project Impacts New development that would occur in the Project Areas would not significantly impact the Otay Landfill. The Otay Landfill has capacity to serve the solid waste that would be generated within the Project Areas without significantly impact the life expectancy and capacity of the landfill. Chula Vista Amended and Merged Redevelopment Plan Amendments Program E1R August 2003 Page 22 T' Mitigation Measnres Since no significant solid waste impacts have been identified, no mitigation measures are required. Significance After Mitigation There will be no significant solid waste impacts with adoption and implementation of the Amendments. Gas and Electricity Project Impacts Conclusion Future development would consume both natural gas and electricity. Although upgrades and/or extensions to existing facilities may be required for specific projects, generally the existing facilities are adequate to serve new development without any significant impacts. Mitigation Measures The following mitigation measure is recommended: I. The City shall require the construction, installation, or modification of existing facilities which are necessary to provide adequate gas and electricity to the project. Significance After Mitigation There will be no significant natural gas or electricity impacts with adoption and implementation of the Amendments and implementation of the recommended mitigation measure. Cable and Telephone Service Project Impacts Conclusion The Amendments are not anticipated to result in any development that would significantly impact the ability of existing communication companies to continue to provide an adequate level of service or require upgrades or improvements that due to construction could cause significant environmental effects. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 23 Mitigation Measures Since no significant communication impacts have been identified, no mitigation measures are required. Significance After Mitigation There will be no significant communication impacts with the Amendments. 2.1.9 HAZARDS AND HAZARDOUS MATERIALS Project Impacts The Amendments will not directly create a significant potential public health hazard or involve the use, manufacture, or disposal of materials that would pose a hazard to people and planned populations. The adoption and implementation of the Amendments will encourage the development of both public and private projects. It is too speculative, however to determine if the Amendments could expose humans to significant health hazards, if hazardous materials have been spilled. The development of sites that used hazardous materials in the past could expose the public or the environment to hazards. All properties proposed for development with spilled hazardous materials will have to comply with all applicable local, county, state and federal laws regarding the remediation of the hazardous materials prior to development. The Amendments will not change the requirements to remediate contaminated properties prior to development. Assistance by the Agency to construct public or private projects will not change or alter any local, county, State or federal requirements to remove hazardous materials in compliance with all applicable laws and regulations. Based on the threshold criteria the Amendments could develop sites with hazardous materials that could result in significant adverse hazards and hazardous material impacts to the public or the environment. Mitigation Measures The following measures are recommended to mitigate potential hazardous material impacts of redevelopment due to the Amendments: I. Prior to development of any property formerly occupied by or adjacent to extstmg facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by the City of Chula Vista to evaluate the potential for soil and groundwater contamination. If warranted by the Phase I environmental site assessment, soil and possibly groundwater sampling will be required. 2. Asbestos and lead-based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities, to the satisfaction of the City ofChula Vista. 3. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase n, and/or asbestos evaluation indicate the potential for hazardous materials at levels requiring mitigation, all remedial measures identified in those studies shall be Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 24 . shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contracts, to the satisfaction of the City of Chula Vista. Those remedial measures shall be implemented prior to the issuance of grading permits. 4. All business that use hazardous materials in conjunction with their business, shall store, use, and dispose of all hazardous materials in compliance with all applicable local, county, state and federal laws and regulations. Significance After Mitigation There will be no significant hazardous waste impacts with adoption and implementation of the Amendments and implementation of the above mitigation measures. 2.1.10 POPULATION AND HOUSING Project Impacts The adoption and implementation of the Amendments will allow the Agency the ability to provide financial assistance to upgrade, improve and provide additional residential housing, including low and moderate housing. Since all development must be in compliance with the General Plan, the Amendments 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. The availability of additional housing set-aside revenue will allow the Agency the ability to construct additional housing for low and moderate-income families, which will be a positive impact on low and moderate-income families. Based on the threshold criteria the adoption of the Amendments will not have any significant population or housing impacts because the Amendments will not increase housing or population numbers beyond the amounts planned for by the City and regional planning agencies. Mitigation Measures Since no significant housing or population impacts have been identified with adoption and implementation of the Amendments, no mitigation measures are recommended. Significance After Mitigation No significant population or housing impacts are anticipated with adoption and implementation of the Amendments, therefore no mitigation measures are recommended. 2.1.11 RECREATION Project Impacts The Amendments could encourage new development that could increase the need for parks and recreational facilities and impact existing facilities requiring the need to provide additional parkland to meet the threshold criteria. All projects would have to pay the applicable PAD fee or Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 25 dedicate parkland per City parkland requirements. The payment of a park fee or dedication of parkland will mitigate the impacts of the project on park and recreational resources. There are no activities associated with the Amendments that will reduce or eliminate existing park or recreational facilities. The adoption and implementation of the Amendments will allow the Agency the authority to participate in the construction of recreational facilities, thus having positive impacts on the City. Mitigation Measures The following mitigation measure is recommended: I. Prior to the issuance of building permits the developer shall pay all applicable Park Acquisition and Development (PAD) fees. Significance After Mitigation No significant park and recreational impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. \ 2.1.12 BIOLOGICAL RESOURCES Project Impacts Because there are no known sensitive wildlife species or habitat m the Added Territory, development would not have any significant biological impacts. Mitigation Measures Since no significant biological resource impacts have been identified no mitigation measures are recommended. Significance After Mitigation There will be no significant biological impacts with adoption and implementation of the Amendments. 2.1.13 CULTURAL RESOURCES Project Impacts 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 Territory. Although there are not any known historical buildings in the Added Territory, some buildings may be candidates as a historical resource and could be significantly impacted if demolished or remodeled. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 26 .' Mitigation Measures The following measures are recommended to mitigate potential impacts to archaeological, paleontological, and historical resources: 1. implementation as required by the City or Agency, as appropriate, of the following measures associated with grading and construction of a site with the potential to contain archaeological and/or paleontological resources: Phase 1: Phase 1 shall consist of a qualified archaeologist or paleontologist doing a literature and records search, surface study, subsurface testing if necessary, the recordation of any sites, and a recommendation regarding the need for further work. Phase 2: If it is determined during Phase I that further work is necessary, it shall consist of the following: a) A qualified archaeological or paleontologist monitor shall be present at a pre- grading conference with the developer, grading contractor, and the City's Environmental Review Coordinator. The purpose of this meeting will be to consult and coordinate the role of the archaeologist or paleontologist in the grading of the site. b) An archaeologist/paleontologist or designate shall be present during those relative phases of grading as determined at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of historical or fossil remains. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified archaeologist or paleontologist as determined by the Planning Director. The contractor shall be aware of the random nature of archaeological and paleontolgical resource occurrences and the possibility of a discovery of such scientific and/or educational importance that might warrant a long-term salvage operation or preservation. The Planning Director shall resolve any conflicts regarding the role of the archaeologist or paleontologist and/or recovery times. All projects shall be reviewed by the City or Agency, as appropriate, to determine ifthere are any known historical resources that would be impacted by a project. If a project would impact a historical resource, the City or Agency, as appropriate, shall require the project developer to preserve or photo document the resource before its demolition, or implement other measures to be determined by the Planning Director to mitigate the impact. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 27 Significance After Mitigation No significant impacts to archaeological, historical, or paleontological resources are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. 2.2 PROJECT ALTERNATIVES The Project Alternatives presented in Section 7.0 of this document were provided as required by Section 15126.6 of the CEQA Guidelines. Alternatives to the project are provided to reduce potential significant environmental effects that may be associated with adoption and implementation of the proposed Chula Vista Amended and Restated Redevelopment Plan Amendments as well as feasible project alternatives. The project alternatives discussed in this Program EIR include the "No Project", as required by CEQA, Changing the Project Area and No Eminent Domain. Project alternatives are required to reduce potential environmental impacts associated with a proposed project. The Program EIR identified several potentially significant impacts with adoption and implementation of the Amendments. However, mitigation measures are recommended accordingly to reduce the impacts to levels of insignificance in almost all instances. The environmental discipline that was identified to have potential significant environmental impacts is air quality. The project alternatives discuss changes to the Chula Vista Amended and Restated Redevelopment Plan Amendments that could reduce potential environmental impacts. None of the project alternatives are preferred to the proposed Amendments because none of the alternatives would completely eliminate project impacts and accomplish the goals of the Amendments. 2.3 AREAS OF CONTROVERSY/ISSUES TO BE RESOLVED CEQA requires the EIR Summary to identify areas of controversy known to the lead agency, including issues raised by public agencies, issues to be resolved including the choice among alternatives, and how to mitigate potential significant effects. A copy of the Notice of Preparation/Initial Study was mailed to all responsible, trustee and taxing agencies as required by CEQA to solicit their environmental concerns with the project. The responses received by the responsible, trustee and taxing agencies to the Notice of Preparation/Initial Study discussing their issues or concerns with adoption of the Amendments are presented in Appendix B. Responses were received from the following public agencies during the 30-day Notice of Preparation/Initial Study review period: William E. Tippets, California Department ofFish and Game Silvester Evetovich, City of Chula Vista, Engineering Department Willie Gaters, City of Chula Vista, Conservation and Environmental Services Department Rod Hastie, City of Chula Vista, Fire Marshall Richard E. Preuss, City ofChula Vista, Police Department Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 28 .. Bill Ullrich, City of Chula Vista, Public Works Department Brad Remp, City of Chula Vista, Planning and Building Department Bill Figge, State of California, Department of Transportation District II Pat Zoller, San Diego County Office of Education Becky Frank, State of California Governor's Office of Planning and Research James Smyth, Sweetwater Authority Katherine Turner, Sweetwater Union High School District Peter Sorensen, US Fish and Wildlife Service This Program EIR presents as much information as possible regarding the issues raised by the public agencies listed above. Information such as the specific location of future development sites, whether or not the Agency will need to acquire specific property, the types of uses anticipated to occur on future development sites, etc. is not known at this time. Therefore, it is speculative to determine land use density, number ofresidential units, height of buildings, square footage of commercial or industrial use, site access, etc. associated with the development of property acquired by the Agency or otherwise redeveloped within the Project Areas pursuant to the Chula Vista Amended and Restated Redevelopment Plan Amendments. Detailed project information will be available for further analysis at the time specific projects are submitted to the City or Agency, as appropriate, for approval. The City or Agency, as required, will determine whether or not subsequent environmental evaluation as required by CEQA will be undertaken at the time each project is submitted for approval. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 29 3.0 PROJECT DESCRIPTION 3.1 PROJECT LOCATION AND BOUNDARIES The Amendments are located in the City of Chula Vista (with the exception of a small area west of Interstate 5 that is in the City of San Diego) as shown in Figure I, Regional Location Map. More specifically, the Amendments include five existing redevelopment project areas (Bayfront, Town Centre I, Merged Town Centre II, Otay Valley, Southwest) along with 550 acres of additional property (Added Territory). The Added Territory consists of several noncontiguous areas, shown in Figures 2, 3, and 4.. The Original Project Areas total approximately 3,067 acres. The Added Territory totals approximately 550 acres, resulting in a total of approximately 3,617 acres within the Project Areas, as amended by the Amendments. The existing elevations within the Project Areas range from a low of sea level adjacent to the San Diego Bay in the Southwest subarea of the Merged Project Area to 100 feet above sea level in the eastern areas of the Town Centre n subarea of the Merged Project Area. 3.2 ENVIRONMENTAL SETTING The City of Chula Vista is located in the southwest part of San Diego County approximately 10 miles southeast of the City of San Diego downtown. The City of Chula Vista is bordered by the City of National City and County of San Diego on the north, the County of San Diego on the east, the cities of San Diego and Imperial Beach to the south, and the San Diego Bay to the west. The City of Chula Vista comprises approximately 44,470 acres of land, including the incorporated area, the existing sphere of influence and additional unincorporated area, which has significant planning relationship to the City. The incorporated area located within the City's jurisdiction is approximately 33,024 acres. Based on information from the State of California, Department of Finance, the City of Chula Vista is estimated to have a population of 199,700 people in 20031 For the most part, the Added Territory has been disturbed and developed in the past. There are a few parcels in both the Original Project Areas as well as the Added Territory that are vacant. The Added Territory consists of vacant land, light industrial, office, mixed retail and residential use. The Original Project Areas have a variety of existing businesses and residential uses including automotive repair shops, single-family detached and attached units, office space, retail use, vacant land and manufacturing. I State of California, Department of Finance, E-l City/County Population Estimates, with Annual Percentage Change, January I, 2002 and 2003. Sacramento, Califomia, May 2003. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 30 . ~O. ,J'/ \"'.~i='';j ......00........ '. 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"'\ ,," \ "," \ ",'" \ , \ I \ , , I , , \ , \ I \ I \_- I -- -- I , '" ~ ~ ~ ~ ~ S "":t::CJ:) ::5~ ::t::~ ~"":t:: 6J~ <:.!:l~ a123 ~~ e~ liS as CX::~ ~gs :;:::~ ~:s: ~~ a5~ ~ "":t:: ~ ~ d ~ ~ n ... !!l IH ~U u~ IIi ~ Il i Ii 3.3 PROJECT DESCRIPTION The Agency is proposing two separate Amendments, one involving the Bayfront/Town Centre I Redevelopment Plan, and a second involving the Merged Chula Vista Redevelopment Plan (formerly known as and consisting of the Town Centre II, Otay Valley, and Southwest Redevelopment Plans, plus the Added Territory). The proposed Amendments will not result in any direct physical impacts. The Amendments are primarily procedural and development of individual projects within the Project Areas that could result in direct or indirect physical impacts will be evaluated in future CEQA documents. Previous analysis is addressed in summary in Section 1.6. The analysis in the Program EIR focuses on the Added Territory (550 acres) only. The Amendments address the following major components: Bavfront/Town Centre I Redevelopment Plan · Consolidate the Bayfront and Town Centre I redevelopment plans into a single amended, merged, and restated redevelopment plan (to be known as the Bayfront/Town Centre I Redevelopment Plan), including updating the public improvement and facility projects list in the Plan. Merged Chula Vista Redevelopment Plan · Consolidate the Town Centre n, Otay Valley, and Southwest redevelopment plans into a single amended, merged, and restated redevelopment plan (to be known as the Merged Chula Vista Redevelopment Plan), including updating the public improvement and facility projects list in the Plan; · Incorporate 550 acres of Added Territory within the Merged Chula Vista Redevelopment Project Area; · Reestablish eminent domain authority on all property within the Otay Valley subarea of the Merged Project Area; and · Reestablish eminent domain authority on all property (except for residentially-occupied property in a residential zone) in the Town Centre II subarea of the Merged Project Area. Improvement Projects - As described above, both amended and restated redevelopment plans would feature a new list of public improvement and facility projects. In addition to these projects, staff has identified other projects that may be implemented over the duration of the respective Redevelopment Plans. Below is a list of improvement projects and programs that could, at the Agency's discretion, be funded should adequate revenue become available. While the Agency is not required to fund the listed projects and programs, the Agency could fund all or a Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 35 .' portion of the projects or programs as revenue becomes available throughout the life of the Plans. The list identifies projects and programs that appear, at the time of adoption of the Amendments, to have the potential to achieve the goals and objectives of the Amendments, but do not represent commitments by the Agency. As redevelopment needs and opportunities evolve over the life of the Amendments the Agency may determine not to undertake certain projects and programs listed and/or undertake other projects and programs consistent with the Amendments that are not listed, as permitted by law. The list of public improvement projects and programs are only possible projects that mayor may not ultimately be undertaken by the Agency pursuant to the Amendments. This Program EIR analyzes impacts likely to be caused by proposed improvements based on information about such projects as is available at this time. Due to the lack of project specific information available at this time, further environmental analysis of the public improvement projects may be required to comply with CEQA at the time individual projects are submitted for approval. The proposed projects and programs for the Amendments include: 1) BayfrontlTown Centre I Redevelopment Project Area Except where noted, most of these proj ects are in the conceptual stages and no formal proposals have been submitted to the City of Chula Vista or the Agency. Thus, each of these projects are subject to further discretionary actions by the City and/or Agency, and are not being specifically reviewed as a part of the adoption of the Amendments. Further . compliance with General Plan, zoning standards, and environmental review may be necessary for these proj ects as proposals come forward. In addition, further environmental review of project impacts based on the actual project may be required to comply with CEQA. Public Infrastructure Proiects Improvements to the 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, flood 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. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 36 StreetJEntrvwav Beautification. Construct streetscape improvements at key Project Area locations, including E Street at Interstate 5, Third Avenue, and H 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, and playgrounds. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these projects as proposals come forward. Other Potential Redevelopment Proiects: These projects include, but are not limited to, the following: Duke Energy Plant Relocation. Facilitate reuse and/or relocation of power generating facility within Project Area. Watt Commercial Proiect. Redevelopment of property at the comers 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 comer of Third Avenue and Davidson Street. SUHSD Joint Proiects. 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 Windmill Farms property at Third Avenue and Alvarado Street for District headquarters, residential and commercial uses. BavfrontIPort 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. 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 CIUlla Vista and the Port of San Diego on development and implementation ofPort Master Plan for Bayfiunt area 2) Merged Chula Vista Redevelopment Project Area Except where noted, most of these projects are in the conceptual stages and no formal proposals have been submitted to the City of Chula Vista or the Agency. Thus, each of these projects are subject to further discretionary actions by the City and/or Agency, and are not being specifically reviewed as a part of the adoption of the Amendments. Further compliance with General Plan, zoning standards, and environmental review may be necessary for these projects as proposals come forward. In addition, further Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 37 . environmental review of project impacts based on the actual project may be required to comply with CEQA. Public Infrastructure Proiects: improvements to the 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 crossmgs. 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 proj ects as proposals come forward. Proj ects include, but are not limited to the following: StreetJEntrvwav Beautification. Construct streetscape improvements at key 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 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 projects as proposals come fOrward. Other Potential Redevelopment Proiects These projects include, but are not limited to, the following: Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 38 E Street Transit Village Proiect. Mixed-use project in the vicinity of the E Street transit station east of lot erst ate 5. Gateway Phase ill. As necessary, facilitate implementation of a specific plan for the area on the north side ofH Street west ofthe existing Gateway commercial complex. Espaiiada Proiect. Preparation of a specific plan and development of two, l2-story condominiums and mixed uses on the north side of H Street, west of Gateway Phase ill Project. Watt Commercial Proiect. Redevelopment of property at the comers of Third Avenue and E Street for retail and other commercial use. KOA Soccer Facility and Hotel. Redevelopment of KOA campground east of Second Avenue for recreational fields and possible hotel facility. Walgreen's Proiect. Parcel assembly and development of drug store at the southwest comer of Naples Street and Third Avenue, in the existing Southwest Redevelopment Project Area. SBC/Davies Site. Redevelopment of Main Street properties for commercial uses in the existing Otay Valley Redevelopment Project Area. West Fairfield Development. Redevelopment of property in the West Fairfield area (west of loterstate 5, from Palomar Avenue to Main Street). SUHSD Joint Proiects. Agency and Sweetwater Union High School District may consider one or more planning agreements to implement a series of improvements to current and future SUHSD properties serving the Project Area. These may include: a) development of a new District corporate yard at Main Street and Albany Avenue, b) redevelopment of the Windmill Farms property at Third A venue and Alvarado Street for District headquarters, residential and commercial uses, c) redevelopment of the District's Moss Street property for single family residential use., and d) redevelopment of the existing District headquarters and corporate yard on Fifth Avenue to a 200-unit residential project. Duke Energy Plant Relocation. Facilitate reuse and/or relocation of power generating facility within the Amended Project Area. 3.4 THE INTENDED USE OF THIS PROGRAM EIR The intended use of this Program EIR is fivefold: I. The proposed Amendments meet the definition of a "Project" according to the CEQA Public Resources Code 21065. 2. This is a Program EIR pursuant to Public Resources Code Section 21 090(a). 3. This Program EIR meets the requirement of the Health and Safety Code 33352 (k) whereby the Program EIR for the Amendments is included as part of the report to Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 39 .. the legislative body and describes the existing environmental conditions in the Project Areas, assesses the potential environmental impacts that may be associated with the adoption and implementation of the proposed Amendments and recommends mitigation measures to mitigate potential significant impacts when required by CEQA. 4. The Program EIR will be referenced in the future should the Agency I) utilize eminent domain to acquire property; 2) fund the construction of improvement projects in the Project Areas; or 3) fund the construction of approved public and private projects consistent with the Amended Redevelopment Plan. While the Program EIR need only be as specific as the listed projects, the adequacy of the coverage of the Program EIR as to future public and private development activities and acquisition of property by eminent domain will determine the extent to which those future development activities may require further environmental assessment. It is the intent of the Agency at this time that additional environmental review will be conducted in compliance with CEQA in conjunction with all future Agency sponsored/assisted development projects and/or acquisitions of property for development utilizing eminent domain, unless specifically exempt by CEQA. 5. The Program EIR will be referenced by the City of Chula Vista or the Agency, as appropriate, for project approvals and/or issuance of permits as otherwise required when applicable. When required to comply with CEQA, the City Councilor Agency, as appropriate, will prepare additional environmental documentation in conjunction with the approval of Agency sponsored or assisted projects pursuant to the Amendments. 3.5 PROJECT OBJECTIVE The primary objectives of the Amendments are to remove blight and increase the economic viability of the Project Areas. The proposed Amendments will allow the Agency to work with the City of Chula Vista to accomplish these objectives by: 1) constructing some or all of the improvement projects listed in the amended Redevelopment Plans to benefit the Project Areas and the City of Chula Vista; and 2) providing a variety of funding sources for use by the Agency to allow the option to fund projects that can reduce or eliminate blight, provide additional low and moderate income housing and improve the economic viability of the Project Areas. The major goals of the Amendments are to: eliminate physical blight; create new employment opportunities; improve recreational facilities; plan and encourage uniform and consistent land use patterns; encourage private commerciaVresidential rehabilitation; and encourage development and capital investment. The tools of the Amended Redevelopment Plans, including the use of tax increment revenue to assist the private sector and fund proposed improvement projects, can be used by the Agency to meet the goals of the Amendments. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 40 Specifically, the Amendments are intended to achieve the following goals: · Eliminate physical and economic blight and environmental deficiencies in the Project Areas. . Assemble land into parcels suitable for modern, integrated development and tmprove pedestrian and vehicular circulation in the Proj ect Areas. · Re-plan, redesign, and redevelop properties that are stagnant or improperly utilized. . Increase, improve, and preserve the community's supply of housing affordable to very low, low, and moderate-income households. · Enhance commercial and recreational functions. · Strengthen the economic base of the Project Areas and the community with the installation of needed on- and off-site public improvements to stimulate new commercial/industrial expansion, employment, and economic growth. · Implement performance criteria to assure quality site design standards to provide unity and integrity to development in the Project Areas. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 41 . 4.0 ENVIRONMENTAL IMPACT ANALYSIS Introduction In an effort to provide as much environmental analysis as possible regarding the adoption and implementation of the Amendments, the proposed public improvement projects and anticipated private development projects are discussed below. The proposed redevelopment projects will be evaluated in as much detail as possible based on the information that is readily available without being speculative in regards to density, design, building elevations, time of construction, etc. Because this is a Program ,EIR, subsequent or supplemental CEQA documentation is anticipated to be required in the future at the time individual projects are submitted to the City of Chula Vista for approval, unless specifically exempt from CEQA. 4.1 LAND USE 4.1.1 Environmental Setting and Environmental Impact Analysis Existing Land Uses The Added Territory is comprised of existing light industrial, mixed retail/commercial, and residential uses. The mixture of land uses changes the character of the community throughout the Added Territory. There are areas where there is mostly commercial uses such as Broadway and other areas where residential use is mixed with commercial and industrial such as the east side of 3rd Avenue south of J Street. Surface level photographs showing a representative of the existing land uses are provided. Figure 5, Photograph Orientation Map shows the location of the photographs of the Added Territory that are shown in Figures 6 through 12, Site Photographs. Chula Vista General Plan The land use designations in the Added Territory are designated by the General Plan and include the following: Residential Low-Medium (RLM 3-6 dwelling units per acre (du/ac.); Residential Medium (RM 6-11 dulac.); Residential Medium High (RMH 11-18 dulac); Residential High (RH 18-27+ dulac.); Commercial Thoroughfare (CT); Commercial Retail (CR); Mercantile and Office Commercial (CMO); Commercial-Visitor (CV); Commercial Office (CO); Industrial- General (IL); Open Space, Agriculture & Reserve (OSP); and Public and Quasi Public (PQ). The land use designations of the property in the Added Territory are shown in Figure 13, Existing General Plan Land Use Map. The types of uses allowed by each land use designation are discussed below. Residential Low-Medium (RLM 3-6 dulac.): This category includes single-family detached dwellings on medium size lots. Although not a minimum or a standard, these are typically 7,000 square foot lots. In addition, under the concept of cluster development, single-family dwellings on smaller lots, zero lot line houses, and some single-family attached units (town homes and patio homes) could also be consistent with this designation. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 42 . ." Source: 2003 Thomas Bros. Maps Figure 5 Photo Orientation Map . Photograph 1: Looking toward a motel located on the northeast comer of D Street at Broadway in Proposed Added Territory" Area A." Photograph 2: Looking at a vacant parcel along the east side of Brisbane Street, east of 4th Avenue in Proposed Added Territory "Area A-I" Figure 6 Site Photographs Photograph 3: Looking at a small mobile home park on the west side of Broadway between E Street and Flower Street in the existing Town Centre n Project Area. Photograph 4: Looking toward a vacant parcel on the southwest comer of Flower Street at Broadway in the existing Town Centre n Project Area. Figure 7 Site Photographs ; ~ '" ~ -< c o ~ 'E ~ "0 <l) "0 "0 -< "0 <l) '" o 0, 2 ~ .5 '" '" <l) ;:: .<;; ;:l .D OJ) ;:: ~ '" .~ <l) 00 ~ ",-= '- Q. = " ",,'- .- "" ... 0 ~ o -= ~ '" - Cii ~ '" :>; '" ~ "0 '" o ... ~ 'c; ~ '" <l) ~ -a:;" ~ ~ VJ ~ "" o <l) ""9 '" -= ~ ;:l o '" <l) -= ~ OJ) ;:: o OJ >. -c: <l) ~ '" <l) ~ OJ) 0: ~ o o -l '" OJ)~ .5 cQ ~ ~ o~ ....l = .. to r-- 0 ... -a,'E E~ 01)-0 = <l) "'-0 =-0 f~ .,Ilt If -0 >:1 -:0 '-) :: .J V.I ,..' 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H-g lL'1Pll'l DDrlV, Iii 1-.IIDW',,1I1 .,;, S31l1l10'lf~ OIlSOd ,.c ....~l 11>l!. llll -:]It ~ WlVll rn E-".~' 1>1Ill'lIlI 'IP. ~ Ill'll MO z.w.nl i'Ul~IIll-"r Il~J ~G 1"'.~1 S 3+M N 9"( 11;lI~11;I1'I'llIhl ~,np l'I'lltBOIS11I 'Sluewnnop I81UewUOJ!AU9 9^!I:ladSeJ J!94J OJ luenSJnd PSJ9JdWO::l SSM SBeJB !:)efoJd lU9Wd0l9AapaJ Sno!^9Jd jO S!SAjBUV "Ajuo AJOI!lJ91 papp'o' 941 UO SOOOj ~13 WI3J60Jd ijeJO alU U! SO!4deJD :1iION {S'Ullt't(;)~JlS.lOpellO:l (~'lJI'l t)IMJJ.S io(l!fj 1'0"'91 IBaJlS JOr'~ 'i fllJauW IWlld ,l;fMHJ~ - - .. Vl31SAS NOI1'lflOOl:lIO :..~ l''i.m301S3l;l 3S0 ON'Ifl ~.--..... J91o/1I Kilo leg o6a!a u Residential Medium (RM 6-11 du/ac.l: This category includes small single-family, detached units on smaller lots, zero lot line homes, patio homes, and attached units, such as duplexes and town homes. This category also includes mobile home parks. Residential Medium High (RMH 11-18 du/ac.): This category includes multi-family units, such as townhouses and garden apartments. This category also includes mobile home parks. Residential High (RH 18-27+ du/ac.): This designation is essentially for apartment type dwellings ranging from low-rise to high-rise structures. Any new project under this category must contain substantial landscaped open space for use by residents of the project. There is no maximum density for this category. The density shown as maximum only indicates that the projects that exist in the City have traditionally been constructed below this density. Higher densities are permitted, if specific conditions are satisfied. Commercial Thoroughfare (CT): This designation includes uses identified for Retail Commercial plus thoroughfare retail and automobile-oriented services. Commercial Retail (CR): This designation includes all neighborhood, community, and regional shopping centers, retail establishments typical of traditional downtowns, such as the shops on Third Avenue between E and G Streets and service commercial. This category may include limited thoroughfare retail and automobile-oriented services, if they constitute a small part of a planned commercial development. Professional and Administrative 0: This category is intended for professional and administrative uses. Limited retail uses, which serve the nearby office employees, are also permitted. Retail uses which predominantly serve residential neighborhoods or shoppers from outside the immediate area are excluded from this category. Commercial-Visitor (CV): This category includes transient lodging, such as hotels, and motels, restaurants, commercial recreation, and retail establishments. Industrial-General (IL): This category includes all uses identified for Research and Limited Industrial plus light manufacturing operations, large-scale warehousing, transportation centers, and public utilities. Open Space. Agriculture & Reserve (aSp): Typical uses for this category are open space such as floodplains and mountains, limited recreation uses, rural residential, and agricultural uses such as farms, orchards, pastures, and livestock raising. Public and Ouasi Public (PO): This designation is applied to existing areas used by schools, churches, hospitals, civic centers, fire stations, and libraries. Community Plan Areas The City is divided into five Community Plan Areas as shown in Figure 14, Community Plan Areas Map. The five Community Plan Areas are Bayfront, Central Chula Vista, Montgomery, Figure 14, Community Plan Areas Map Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 52 . dl .... Co. ..... " .,~ ... ., = " .~ ~ ... ... < = " il: C .~ = = 8 8 o u z+~ := , , ! /-1 I f I l I \ = " il: ... t=: .~ ... ., Co. rJJ ~ ... ., 8 o "" ..... = o ~ ., ... ... = o rJJ Sweetwater, and Eastern Territories. Of the five planning areas, three are located in the Added Territory and include Bayfront, Central Chula Vista, and Montgomery. A description of the three planning areas is described below. Bavfront: The Bayfront Planning Area comprises approximately 790 acres and is comprised of vacant, formerly agricultural land, industrial and commercial uses. Vacant areas, scattered throughout include wetlands, stockpiled and hydraulic fills and both neighborhood and community parks. Some of the specific uses include a power plant, park site and marina, industrial park, railroad, ship repair, and commercial uses. Central Chula Vista: The Central Chula Vista Planning Area comprises approximately 4,040 acres, which are mostly developed. Over half of the planning area is developed with residential use, approximately one-fifth with commercial, industrial, and institutional uses and the remainder in streets and freeways. Montgomery: The Montgomery Planning Area consists of residential, commercial, and industrial land uses. Residential uses are scattered throughout the planning area and occupy 50 percent of the land area. The residential uses in this planning area include single-family, mobile homes, multiple-family and duplex. The commercial uses are located in a strip pattern along Broadway, Main Street, and Third Avenue. The industrial uses include a wide range of industrial uses. The remaining land uses in the Montgomery Planning Area include public parkland, a ISO-acre golf course, vacant land and agricultural land. Montgomery Specific Plan: The Montgomery Specific Plan covers approximately 3.5 square miles of area in the southwesterly part of the City. It lies in an area generally bounded by Interstate 5 on the west, "L" Street on the north, Interstate 805 on the east and the San Diego City limits on the south. The purpose of the Montgomery Specific Plan is to provide a detailed guide for the orderly growth, development, redevelopment, and conservation of the Montgomery Community. Portions of the Added Territory are located in the area covered by the Montgomery Specific Plan. California Coastal Act and Chula Vista Bavfront Local Coastal Program: The entire Bayfront Redevelopment Area is within the coastal zone as designated by the California Coastal Act of 1976. The Act establishes the following basic goals for the coastal zone: · Protect, maintain, and where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources; . Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state; · Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners; Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 54 , . Assure priority for coastal-dependent development over other development on the coast; and . Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. The Coastal Act requires that every coastal city and county prepare a local coastal program (LCP) to be submitted to and approved by the California Coastal Commission. The Act defines an LCP as "local government's land use plans, zoning ordinances, zoning district maps, and implementing actions which, when taken together, meet the requirements of, and implement the provisions and policies of the Coastal Act at the local level." Sections 30251 and 30253(5) of the Coastal Act require the protection of scenic and visual qualities of coastal areas, and the preservation of unique visitor-destination communities. The potential visual and scenic qualities of the Bayfront are currently not being fully realized because views of portions of the area from I-5 are impaired by visual blight conditions, including dilapidated vacant and burnt-out buildings, remnant foundations, trash piles, open storage areas, expansive parking lots, unkept or overgrown vegetation, and denuded transmission line corridors. 1 4.1.2 Project Impacts . The threshold criteria for determining if the Amendments will have potentially significant land use impacts are: . Conflict with land uses designated by the General Plan; or . Conflict with any applicable land use plan, policy, or applicable agency regulation; . Conflict with any applicable habitat conservation plan. Chula Vista General Plan The Amendments are consistent with the General Plan because they do not propose to change any of the existing land use designations in the Added Territory or institute additional land use polices not otherwise allowed or permitted by the General Plan. The Amendments incorporate the City of Chula Vista General Plan by reference as it now exists and is amended in the future from time to time. The land use designations of property in the Amendments will remain as designated by the General Plan, or as amended by the City in the future from time to time. I Final Program ErR, EIR 98-2, Town Centre I/Bayfront Redevelopment Plan Amendment, May 1998, pages 3-4, 3- 6. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 55 In addition to complying with all applicable land use and zoning designations, all future projects will have to comply with and be consistent with the various elements of the general plan and all- applicable goals and policies of each element of the general plan. Building type, number of structures, square footage, height, and design will also have to comply with the zoning ordinance. All public and private projects, when submitted to the City or Agency, as appropriate, for approval will be reviewed for compliance and consistency with the various elements and policies of the general plan and zoning ordinance. The Amendments are anticipated to encourage development of projects much sooner than the private sector acting alone. As noted in Section 4.0 of the EIR, mitigation measures will be imposed upon proj ects to ensure that the infrastructure necessary to serve the proj ects will be developed in a manner and time to ensure that the proj ects do not cause a significant impact on the infrastructure systems serving the projects. The ability of the Agency to: I) provide financial incentives, 2) acquire and assemble property; 3) provide funding for public infrastructure improvements; 4) use redevelopment funds to rehabilitate and upgrade existing buildings; and 5) provide additional low and moderate income housing would be an impetus for private and/or public projects to proceed and move forward to reduce blight and improve the physical and economic viability of property in the Added Territory. As has occurred in the past and is presently occurring, neither the private nor public sectors acting alone are able to upgrade and improve the economic viability and reduce blight in the Added Territory. The adoption and implementation of the Amendments is anticipated to have positive land use impacts by encouraging the Agency and the private community to work together to reduce blight, upgrade buildings to meet current building and fire codes, construct needed public infrastructure, and improve the physical and economic viability of the Added Territory. Eliminating blighted property will have positive land use impacts to the community as a whole by allowing land uses to be consistent with surrounding land uses, ensure that new development meets current building design and building codes and improve landscaping. The Amendments are expected to facilitate funding and construction of needed infrastructure improvements that the City is not able to accomplish due to the lack of funds. The rehabilitation of existing blighted buildings, construction of new buildings, and elimination of existing buildings that are not in conformance with current building and fire codes, as updated periodically, will have positive land use impacts for the City. Some existing buildings need to be upgraded to comply with current building and fire codes while other buildings require structural and earthquake upgrades. Still other buildings need cosmetic improvements such as painting, improved landscaping, minor repairs, etc. The Amendments will allow the Agency the ability to assist property owners as revenue become available to improve property, reduce and eliminate blight with positive land use impacts. The development of public and private projects could indirectly lead to secondary environmental impacts. Although much of the Added Territory is urbanized and developed, there are scattered vacant and underutilized parcels that if developed will increase the demand for public services and utilities, generate traffic and increase noise. The potential for land use impacts between future and existing development will depend upon the type of new development, the Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 56 T compatibility of new development with adjacent land uses. The City or Agency will evaluate potential land use compatibility impacts at the time specific development plans are submitted for approval. Although property within the Added Territory has to be developed consistent with the general plan, land use impacts could still result due to future construction projects and existing land uses. The City or Agency, as appropriate, will evaluate potential land use impacts at the time projects are submitted for approval and require the incorporation of measures as required by CEQA to mitigate significant land use impacts. It is speculative at this time to discuss and evaluate in detail the potential land use impacts that may be associated with the development of private and public projects in the future because detailed development plans are not presently available. However, proper review of all projects will be conducted in the future as necessary to comply with CEQA at the time development plans are submitted to the City for approval. Communitv Plan Areas The Amendments will not change or alter the type of projects that can be developed in the Planning Areas. The land use and zoning designations of the property in the Amended Project Area will continue and not change with adoption and implementation of the Amendments. The Planning Areas will not be impacted, revised, or altered with the adoption and implementation of the Amendments. Montgomery Specific Plan The Amendments will not impact implementation of the Montgomery Specific Plan. The detailed guide for the orderly growth, development, redevelopment, and conservation of the Montgomery Community will not change with adoption of the Amendments. California Costal Act and Chula Vista BayfIont Local Coastal Program The Amendments will not impact or change the basic goals of the California Costal Act and the Chula Vista Bayfront Local Coastal Program or the way the Coastal Act is implemented. The Act will continue to serve the same geographical area with adoption of the Amendments and continue to protect coastal resources pursuant to the Coastal Act. Level of Significance Before Mitigation The Amendments conform to the general plan because they incorporate the Chula Vista General Plan by reference, thus the Amendments would not conflict with land uses designated by the General Plan. In addition, the Amendments do not conflict with any land use plans, policies, or applicable agency regulations because no land use, policy or agency regulation changes are proposed. There will be no increase in densities with adoption of the Amendments. The Amendments will allow the Agency the authority to acquire and assemble property by eminent domain. The ability for the Agency to acquire property to remove blight by demolishing Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 57 buildings, constructing new buildings, upgrading buildings to meet current building and fire codes could have positive land use effects for the community. The adoption and implementation of the Amendments could have positive impacts by allowing the Agency the ability to assist the private sector to upgrade and improve both the economic and physical viability of the project area. The adoption and implementation of the Amendments will not have any significant direct land use impacts based on the land use threshold criteria. The City or Agency, as appropriate, will evaluate all private and public projects in the future for potential land use impacts at the time development plans are submitted for approval. The City or Agency will ensure that all projects comply with the general plan. 4.1.3 Mitigation Measures The following mitigation measure is recommended: I. As noted in Section 4.0 of the EIR, mitigation measures will be imposed upon projects to ensure that the infrastructure necessary to serve the projects will be developed in a manner and time to ensure that the proj ects do not cause a significant impact on the infrastructure systems serving the projects. 4.1.4 Significance After Mitigation No significant land use impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 58 , 4.2. GEOLOGY/SOILS 4.2.1 Existing Conditions Topography The topography is generally flat with elevations ranging from near sea level in the southwest to approximately 50 feet above sea in the northeast portion of the Added Territory. Soils The City of Chula Vista lies within the coastal plains area of San Diego County as defined by the Natural Resources Conservation Service. Soils consist of alluvium, colluvium, slopewash and some expansive topsoil. Alluvial soil which range from clays to pervious sand are found in the major and minor drainages including Salt Creek, Sweetwater River, Otay River and several other UIll1amed canyon tributaries. The clayey, expansive soils include bentonite, which is used in refining petroleum products. Other soils are described as fine-grained sandstone with minor pebble conglomeration. The Added Territory is located within the coastal plain geologic province, which extends from the Pacific Ocean to the mountainous areas of San Diego County. This province is generally characterized by relatively flat plains rising up to dissected, mesa-like-terraces, which graduate into rolling hills. This area is underlain by various formations composed primarily of sandstone, shale and conglomerate beds. The sandstone formations include, among others, the Rosarito Beach formation, which can be used as base material for streets and road construction, and the San Diego formation, which has some expansive characteristics and can be susceptible to erosion. The Santiago Peak formation is located at Rock Mountain and Mother Miguel Mountain in the Eastern Territories; it is hard, volcanic rock. Some marine formations of sandstone and terrace deposits, including the Mission Valley formation and the Linda Vista formation have also been identified. The coastal plain, which is dominated by marine terraces in the western portion of the plan area and by mesas to the east, is comprised of two sub-areas. The relatively flat plain west of I-80S is currently mostly urbanized. All of the soils have been rated by the Natural Resource Conservation Service for their crop suitability with respect to major crops, namely avocados, citrus, vegetables, truck crops, tomatoes, and flowers. In Chula Vista, specifically Eastern Territories, there is a substantial amount of acreage rated good or fair for agricultural production. In general, these soils are level (0-9% slope). There is essentially no agricultural production in the Added Territory. Seismic Characteristics Major southern California and San Diego fault systems form a northwest-southeast trending regional structural fabric extending between the Gulf of California and Point Reyes, north of San Francisco. These fault systems generally parallel the San Andreas Fault zone. As a result, the southern California region is subject to significant hazards from moderate to large earthquakes. Ground shaking is a hazard everywhere in California. Fault displacement of the ground is a Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 59 potential hazard at and near faults. Tsunamis (ocean tidal waves caused by submarine earth movement), earthquake-induced flooding, and liquefaction (mixing of solid and liquid soil components creating a slurry incapable of structural support) are all hazards in the San Diego Bay area? Active Faults: The City of Chula Vista is considered to be in a seismically active area, as is most of southern California. The City is not underlain by known active fault splays (i.e., faults that exhibit evidence of ground displacement during the last 11,000 years), but is underlain by the La Nacion fault zone. The La Nacion Fault Zone is considered "potentially active" by the City of Chula Vista and criteria of the State of California. The greatest magnitude earthquake expected on the La Nacion fault is estimated at 6.0.3 The nearest 'active' fault zones and faults include the offshore Coronado Banks Fault Zone (approximately 10 miles to the southwest), the Elsinore Fault Zone (approximately 40 miles to the northeast), the Rose Canyon Fault Zone (approximately 14 miles to the northwest), and the offshore San Diego Bay faults (approximately one to two miles to the west). Active faults are defined as those that exhibit Holocene displacement (i.e., surface displacement within approximately the last 11,000 years) or historical seismicity4 No faults that are currently classified as "active" by the State of California are known to cross the City of Chula Vista. However, the Rose Canyon fault, located approximately 14 miles northwest of the City is currently classified as "active" by the State of California, and lies within an Earthquake Fault Zone. The Rose Canyon fault zone is most likely to affect the city.5 According to the City's General Plan, the City of Chula Vista is traversed by a total of five "potentially active" faults, the Sweetwater and La Nacion, and three inferred faults, the Otay River Valley Fault, the Telegraph Canyon Fault, and the San Diego Bay-Tijuana Fault. Figure 15, Fault Map, shows the faults in the area. A description of each of the faults is provided below. 2 Final Program ErR, ErR 98-2, Town Centre I/Bayfront Redevelopment Plan Amendment, May 1998, pages 3-15, 3-16. J Ninyo & Moore Draft Natural Hazards/Geology Baseline Study, City of Chula Vista General Plan Update, January 6, 2003. 4 Final Program ErR, EIR 98-2, Town Centre I/Bayfront Redevelopment Plan Amendment, May 1998, pages 3-15, 3-16. 5 Ninyo & Moore Draft Natural Hazards/Geology Baseline Study, City of Chula Vista General Plan Update, January 6, 2003. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 60 . . \ , \ 'f , ~ /..- ,.-/ /, '" . .: I r-C * r, i .. ..;- . i ,~ I~ , - U 1tI .!!!. ~ 2<( ll. ~ ' I ~ b ~l .. . , -l I i' . , "---- ~'T z+oo s: , -----..---t , It) C. en .-ltI('l1 1ll::E l!! '--<( :l_ Cl:l- .- ('lI l: u..u..lll E c. o ~ III "C III a:: ..l: - ~ 1tI - en :> ..!!! :l ..l: U ... o >- ~ u Qj U '- :l o Ul Potentially Active Faults: La Nacion Fault Traces of the La Nacion fault zone are known to cross the City in a generally north-south direction roughly through the center of the City. At the time of this study,6 this fault has been classified as "potentially active" by criteria of the State of California. However, the City of San Diego recommends the fault be treated as "active", and the current standard-of-care within the San Diego area would require, for projects located within the La Nacion fault zone, trenching studies to address possible "active" faulting or other investigations to evaluate recency of fault movement. Sweetwater Fault The Sweetwater Fault is located parallel to the La Nacion Fault for at least 15 kilometers and varies in distance from I to 3-1/8 kilometers to the west of La Nacion. This fault could also be considered to be a southern extension of the Newport-Inglewood Rose Canyon Fault and a part of the previously mentioned fault system, including La Nacion7 Inferred Faults: San Diego Bay- Tijuana Fault The San Diego Coastal Area is a zone of moderate seismic risk within a region of high risk. Further, there appears to be a zone of faults extending from San Y sidro through San Diego and Mission Bay into Rose Canyon. Although these faults do not appear to have been recently active, the possibility of movement should be considered. It has been suggested that the faults in Rose Canyon and the Bay Areas continue north and offshore to connect with the Newport- Inglewood Fault. It has also been suggested that this zone may also be connected with the active San Miguel Fault in Baja California. Telegraph Canyon Fault In 1967 the Lockheed Company conducted a geological survey of the San Diego Bay. The Lockheed Report #20867 in part indicates that an apparent east-west trending fault intersects the bedrock surface in Chula Vista. The fault does not appear to traverse the entire area of Chula Vista, as it is not picked up on cross sections that were prepared for other areas in Chula Vista. Its continuation to the west is unknown, but it is assumed that it continues beyond the Silver Strand into the Pacific Ocean. 6 Ninyo & Moore Draft Natural Hazards/Geology Baseline Study, City of Chula Vista General Plan Update, January 6, 2003. 7 City ofChula Vista General Plan Safety Element, page 8-8, 8-9. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 62 Otay River Vallev Fault The Otay Valley is an inferred fault of small displacement. This fault is believed to be beneath the alluvium of the Otay Valley, based on a report by George Cleveland8. Cleveland bases his suspicion upon the discovery of the extensive outcrops of the Swietzer formation on the south side of the valley, and the relative scarcity of outcroppings of the formation on the north side of the valley. In addition, he observed that the difference in the elevation of the thickest clay bed, which occupies the same startographic location on both sides of the valley, varies from 20-25 feet. Earthquake-Induced Ground Failure Secondary earthquake hazards such as landslides, liquefaction, and differential settlement are generally associated with relatively high intensities of ground shaking. Landslides, liquefaction and differential settlement are also associated with shallow groundwater conditions, and loose, sandy soils. Liquefaction and its related effects pose one of the greatest dangers to the City during a future large magnitude earthquake. These types of ground failure are discussed in detail below. Landslides A landslide is the movement of earth materials down a hillside or steep slope area. Landslide problems usually occur when a hillside is over steepened, the support at the base is moved, additional material or fill is loaded onto the hillside or water saturates into the slide mass. Landslide problems and other ground failures occur during earthquakes, triggered by the strain induced in soil and rock by the ground shaking vibrations and during non-earthquake conditions, most frequently during the rainy season. The San Diego Formation, which is found in southern San Diego County is its sandstone form (TSDS), will very adequately hold a slope of 1.5:1, but will erode severely if it remains unplanted. This same formation in the breccia (sharp fragments imbedded in the sandstone/bentonite matrix) (TSDB) will not hold effectively a slope of 1.5:1, while the tuffaceous part (porous rock formed from stream deposits) (TSDT) will adequately hold such.9 Liquefaction This form of ground failure usually accompanies earthquakes in loose, saturated sand soils. Liquefaction can only occur if the three following factors are present: (I) shallow water table; (2) loose sand, or silt; and (3) some form of seismic activity. When these conditions are preset vibration causes the soil to compact. If the vibration is strong enough and long enough in duration, the load of over-lying soil and buildings is transferred from the soil grains to the water between the grains. For a short time the vibrated water saturated soil acts as a liquid and improperly designed buildings may sink, tilt, or be carried toward the unsupported side of the area. 8 Ibid, page 8-10. 9 City of Chula Vista General Plan Safety Element, page 8-11. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 63 The review of mapping showing the areas of liquefaction hazard areas in Chula Vista indicates the liquefaction areas are located primarily along the Sweetwater and Otay Rivers and the east shore of the San Diego Bay inland approximately one and one-half mile. Liquefaction hazard areas are located in all three redevelopment proj ect areas based on information on the Ninyo & Moore Geologic Hazards Map. Differential Settlement This type of ground failure is most often associated with earthquake activity in areas consisting of loose to medium dense granular soils, which compact as a result of settlement due to earthquake activity and are subject to vibration. If the amount of settlement is uniform in any given structure, the amount of damage could be negligible. Due to heterogeneous soil-density conditions, and the fluctuation in the frequency of vibration, considerable structural damage often results. Settlement can occur in all granular soils, and may be triggered by other earthquake induced ground failures. In such areas, damage is much more severe than that caused simply by compaction. Seiches and Tsunamis Seiches, or the oscillations of inland bodies of water could, in the event of a major seismic shock occur in the San Diego Bay. These seiches could destroy marinas, wharves, and littoral buildings, dikes and earthworks. Due to the location of the Continental Shelf in the San Diego Region, there is only a remote possibility that the Chula Vista Planning Area's littoral territories and structures would suffer appreciable damage from seismically-induced tsunamis. 4.2.2 Project Impacts The threshold criteria for determining significant impact on geology/soils are based on whether or not the adoption and implementation of the Amendments will: · Expose people or structures to potential substantial adverse effects involving rupture of a known earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides. . Result in substantial soil erosion or the loss of topsoil; or · Be located on expansive soils or on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. Topography The construction of public improvement projects will require grading which could change the existing topography. The significance of any change in topography due to grading and Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 64 construction is not known at this time since grading plans and geotechnical reports for specific projects are not available. However, the construction of underground utility projects are not anticipated to have significant topography impacts because the trenches required to place utilities underground will be covered with the same material that is removed from the trench and the ground surface will be restored to the original topographic condition as much as possible upon completion of construction. It is anticipated that minimal grading will be required to construct most of the public improvement projects resulting in minimal topographic change to the existing environment. The Amendments are anticipated to encourage new private development. Private development will, in all likelihood result in changes to existing topography in order to grade sites for building pads and construct new roads. Site-specific development plans are not available at this time for private development projects that may be developed throughout the life of the Amendments. Therefore, it is speculative to evaluate potential impacts to the topography and the local geology with the development of private projects. Potential impacts to the topography and local geology due to the construction of public projects will be evaluated when they are submitted to the City for approval. Soils The lack of information about the nature and extent of future development or redevelopment activities that may occur on a specific parcel in the Added Territory precludes the identification of specific impacts. However, the subsurface soils appear to be adequate to support the construction of the types of public and private projects allowed by the general plan based on existing soils information. There are no unusual soil or geologic conditions that at the present time would preclude development in the Added Territory. Soils and geotechnical reports for future projects will have to be approved by the City or Agency, as appropriate, for all public and private projects prior to the issuance of grading or building permits, whichever is issued first. Soils and geotechnical reports will identify the types of soil on the site, determine if the soil can safely support the type of development proposed and list any measures that must be incorporated into the project to provide soil that is suitable for development. Based on the type of development allowed by the general plan, it is anticipated the existing soils have the ability to support future development without significant soil impacts. Seismic Characteristics There are no active faults in the Added Territory. The Rose Canyon fault, located approximately 14 miles northwest is the closest active fault most likely to affect development in the Added Territory. Future public and private development will be exposed to the same geologic hazards and seismic activity that exists for all development in Chula Vista, independent of the adoption of the Amendments. The Amendments will not change, cause new, or increase the exposure of future development to geologic hazards. While the Amendments are expected to encourage redevelopment to occur sooner, all redevelopment projects will be exposed to the geologic hazards that presently exist. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 65 Earthquake-Induced Ground Failure Landslides There is no property that is suspected to be subject to landslides, thus development would have a low risk to landslides.1o Future development in areas where slopes do exist would be reviewed for potential landslide hazards. If landslide impacts are identified, measures to reduce the impacts to acceptable levels would be incorporated into the project. While earthquake-induced landslides are not anticipated, measures can be incorporated to reduce the impacts to less than significant levels. Landslides are not anticipated to significantly impact future development in the Added Territory. Liquefaction Liquefaction Hazard Areas are present in the Southwest and Town Centre n Project Areas, which could impact development in the Added Territory if development is located adjacent to or in close proximity to areas with liquefaction. The development of future public and private proj ects that require grading, trenching or excavation in these areas will be required by the City to prepare soils and geotechnical report to address liquefaction issues prior to the issuance of grading or building permits. The City or Agency, as appropriate, will review the geotechnical reports for all projects, both public and private, and make a determination whether or not corrective measures will be required to reduce or minimize potential liquefaction effects. The incorporation of all City or Agency required measures to reduce potential liquefaction impacts when identified will minimize liquefaction impacts. Differential Settlement Differential settlement could impact buildings in areas that consist of loose to medium dense granular soils that compact and are subject to vibration. Seiches and Tsunamis A seiche due a major seismic shock in the San Diego Bay could destroy marinas, wharves, buildings and other development in close proximity to the San Diego Bay. There is a remote possibility that Chula Vista would suffer appreciable damage from a seismically-induced tsunamis due the distance the Continental Shelf is located from the city. Soil Erosion Soil erosion due to wind and water could occur during construction of both public and private projects. The effects of wind and water erosion during construction include generation of dust by the wind and soil erosion and siltation from the rain. Depending upon the project, the length of its construction and the measures that are incorporated into the project to reduce erosion, soil erosion impacts could be significant. 10 Ninyo & Moore Geologic Hazards Map, City ofChula General Plan Update, January 2003. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 66 Level of Significance Before Mitigation 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. Although there are no known active faults in Chula Vista, there are active faults outside the City that could impact development in the Project Areas. Seismic activity could impact future development. Proj ects are not anticipated to increase or be impacted by soil erosion. The incorporation of City required erosion control measures into future projects would minimize soil erosion. Earthquake induced ground failure such as liquefaction and differential settlement could impact future development. The City follows state regulations and has programs that implement the geologic and seismic policies of the general plan to protect property and City residents from geologic hazards such as liquefaction and differential settlement. Implementation of these programs relative to the geologic and seismic constraints of development will reduce impacts to a level of insignificance. Since specific development plans for public and private projects are not available at this time it is speculative to identify with any accuracy the direct and indirect soils and geologic impacts that may occur with their construction. The City would determine if additional environmental analysis would be required for compliance with CEQA at the time plans for individual projects are submitted for approval. The City would prepare additional environmental analysis to identify any direct and indirect soils and geologic impacts that would be associated with the construction of projects and recommend measures accordingly to reduce significant impacts, pursuant to CEQA and local/state building regulations. 4.2.3 Mitigation Measures The following mitigation measures are recommended to reduce potential geologic hazard and soil erosion impacts associated with the construction of projects. I. Prior to the issuance of a final grading permit for development, a detailed geotechnical investigation shall be approved by the City of Chula Vista. The investigation shall include field work (e.g., subsurface exploration, sampling) and laboratory analysis to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical investigation shall be shown on the final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. 2. The City or Agency, as appropriate, shall review all development plans for potential liquefaction impacts and require the incorporation of all applicable liquefaction prevention measures deemed appropriate by the Building Official to comply with the Uniform Building Code and Title 24. 3. The City or Agency, as appropriate, shall review all development plans for potential differential settlement impacts and require the incorporation of all applicable lateral Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 67 spreading prevention measures deemed appropriate by the Building Official to comply with the Uniform Building Code and Title 24. 4.2.4 Significance After Mitigation No significant geology/soils impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 68 , 4.3 DRAINAGE AND WATER QUALITY 4.3.1 Existing Conditions Drainage There are areas in Chula Vista that are subject to flooding based on Federal Emergency Management Agency (FEMA) Flood Insurance Rate maps (1997). These areas are designated as Special Flood Hazard Areas inundated by a IOO-year storm. The flood hazard areas that are located in the Amended Project Area are generally located along the major drainages, including Otay River, Sweetwater River, and Telegraph Canyon as shown in Figure 16, 100-Year Flood Plain Map. Areas outside of the IOO-year storm limits may also be subject to periodic localized flooding due to poor storm drain facilities. Flood risks in Chula Vista will remain high until portions of the existing storm drain system are improved. Long-term planning for drainage devices is necessary to control runoff and prevent local ponding. The City operates and maintains its own drainage and flood control facilities. The system includes improved and unimproved flood control channels, storm drains, bridge crossings, detention basins and various other facilities. In general, the existing structures are in good condition and free of debris and sediment. The City of Chula Vista Department of Engineering is currently updating its Master Plan of Drainage. The updated Master Plan of Drainage will determine the adequacy of all drainage facilities in the City, including the Added Territory, and recommend improvements and set criteria for future drainage facilities and development as necessary. The largest single storm drain issue facing Chula Vista is the downstream portions of the numerous natural drainage channels, which have been developed over the years. Initially, runoff was directed into the natural or improved channels or storm drain trunk lines. As the upstream portions of the drainage areas develop the load on the downstream system increases. In some instances the increase has resulted in occasional downstream flooding because the existing systems are not able to adequately convey the runoff. The major drainage courses that affect the Added Territory are described below: Palm Canyon - Palm Canyon is located in southeast Chula Vista and drains to the Otay River. The upstream portion has been lined through the developed areas and is in good condition. The downstream section with an outfall to the Otay River is heavily vegetated and there are significant flow constrictions at several culverts. Poggi Canyon - Poggi Canyon is located in southeast Chula Vista and drains to the Otay River. The upstream portion has been lined through the developed areas. The downstream portion and the outfall to Otay River are heavily covered by brush. Sediment deposition in a box culvert at Otay Valley Road is left unattended and will reduce the effective hydraulic capacity of this Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 69 seaJ'd luawdola^apa~ In!M U!eld pOOI.:I JeaA 00 ~ 9~ 8Jn6!:1 "--- ___OOI'lZ ~lIt"lO...........-.oL......J -.- --- ~.liO-- QZu~""'~ --- .....~ ---. -- --- ~.....-:.""J. ,.~~~ E'l:.; - --- - ~r~'''J-rtt BlS!^ elnLl::> jO ~!::> :a:)Jnos ......, 3+M N .Sluewnoop l~ueWUOJ!^U9 9^!I~9dsaJ J!9LlI OJ luenSJnd pal91dwCKI SBM SB9JB pafoJd IU9WdCll9ASpaJ sno!A9Jd JO S!sAleu'd 'A1uo AJo~!JJal papP'd 941 uo snooJ ~13 weJfioJd jjBJa all' U! S0!4dBJE) :it,ON facility. There is potential for substantially increased flows in this basin due to the availability of undeveloped land in the upper canyon. Telegraph Canyon - Telegraph Canyon is located in central Chula Vista and drains to San Diego Bay. The portion of channel above Hilltop Drive has been lined through the developed area and is in good condition. Sections of the downstream portion below Hilltop Avenue appear undersized as evidenced by recent high waters through the channel. There is a potential for substantially increased flows in this channel due to new development in the upper canyon. Due to new development that drains into Telegraph Canyon, a Telegraph Canyon Development Impact Fee system has been established. Funds available from the Telegraph Canyon Development Impact Fee system are used to upgrade existing drainage system components of Telegraph Canyon to handle increased flows due to new upstream development. Central Area Basin - Central Area Basin is located in north Central Chula Vista and drains to San Diego Bay. The channel has a few areas of lining but nothing significant. This area is not subject to substantial new development so runoff should not be increased greatly in the future. Hydraulic analysis conducted on a section of the Central Area Basin main channel downstream of Second Avenue has shown that this channel has adequate capacity to handle a 50-year flood. Although this channel is not recognized by the Federal Emergency Management Agency (FEMA) as a source of potential lOa-year flooding, it may be concluded that lOa-year flood flows will be contained within the existing channel cross-section. Water Quality Categories of Water Pollution Runoff from developed sites has the potential to contribute pollutants including oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens to the storm water collection system and receiving waters. Pollutants are generally included in one of nine categories including: . Sediments . Nutrients . Metals . Organic Compounds . Trash and debris . Oxygen-demanding substances . Oil and grease . Bacteria and viruses . Pesticides Urbanization causes significant adverse impacts on surface water quality and groundwater in two ways: I) by increasing the types and amounts of pollutants generated by human activities in a watershed; and 2) by reducing the volume of water that percolates into the soil. An increase in impervious surface decreases the amount of surface water available to allow water to infiltrate into the ground, and thereby increases the amount of runoff to surface waters. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 71 Water Quality Laws and Regulations The Clean Water Act (CWA) is the primary federal law that protects our nation's waters, including lakes, rivers, aquifers, and coastal areas. The CW A's primary objective is to restore and maintain the integrity of the nations waters. This objective translates into two fundamental national goals: . Eliminate the discharge of pollutants into the nation's waters . Achieve water quality levels that are fishable and swimable In recent years, federal and state environmental regulations have evolved to require the control of pollutants from municipal storm water systems, construction sites, and industrial activities. Discharge from such sources were brought under the National Pollution Discharge Elimination System (NPDES) permit process by the 1987 amendments to the federal CW A and subsequent 1990 promulgation of federal storm water regulations by the U.S. Environmental Protection Agency (EPA). In California, the EPA has delegated administration of federal NPDES programs to the State Water Resources Control Board (SWRCB) and the nine Regional Water Quality Control Boards (RWQCB). The SWRCB has issued statewide general New Point Discharge Elimination System (NPDES) storm water permits for designated types of construction (one acre or more) and industrial activities. The SWRCB also issued the Municipal NPDES Storm water Permit, adopted February 21, 2001, that applies to the County of San Diego. NPDES Regulation The Municipal Storm Water National Pollutant Discharge Elimination System Permit (Municipal Permit), issued on February 21. 2001 to the City of Chula Vista, the County of San Diego, the Port of San Diego, and 17 other cities in the region by the San Diego Regional Water Quality Control Board (Regional Branch), requires the development and implementation of storm water regulations addressing storm water pollution issues in development planning and construction associated with private and public development projects. Specifically, private and public development projects are required to include storm water best management practices (BMPs) both during construction, and in the projects permanent design, to reduce pollutants discharged from the project site, to the maximum extent practicable. The primary objectives of the Storm Water Standards manual requirements are to: (I) Effectively prohibit non-storm water discharges; and (2) Reduce the discharge of pollutants from storm water conveyance systems to the Maximum Extent Practicable (MEP statutory standard) both during construction and throughout the use of a developed site. To address pollutants that may be generated from new development once the sit is in use, the Municipal Permit further requires the City to require implementation of a series of permanent BMPs described in a document called the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP) based on a Model SUSMP that was approved by the Regional Board on June 12,2002. The City's Storm Water Standards manual is intended to generally provide information on how to comply with the City's permanent and construction storm water BMP requirements, including the SUSMP requirements, for new private and public development projects in the City ofChula Vista. The effective date ofthe Storm Water Standards manual is December 9, 2002, and applies Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 72 to all proj ects requiring any permit approvals on or after December 9, 2002, regardless if the project is currently under review or if previous approvals have been obtained. City of Chula Vista Municipal Code Section 14.20.120.A. makes it unlawful for any person not to comply with the Best Management Practices(BMPs) and pollution control requirements established by the City or other responsible agency to eliminate or reduce pollutants entering the City's storm water conveyance systems. It further provides that BMPs shall be complied with throughout the life of the activity. Public projects are also subject to the requirements of the Storm Water Standards manual, and although this manual is designed to address the development review process for private projects, City project managers will use this document to identify storm water requirements to be incorporated into capital improvement projects. The San Diego RWQCB issued its first municipal permit for the San Diego region (Order 90-42) in 1990, prior to the finalization of the NPDES Phase I regulations. The Municipal Permit named the 18 municipalities, the County of San Diego and the San Diego Unified Port District as co-permittees. More recently, on February 21, 2001 the San Diego RWQCB adopted Order No. 2001-01, NPDES Permit Number CAS0108758, Waste Discharge Requirements (WDR) for Discharges of Urban Runoff form the Municipal Separate Storm Sewer Systems, herein referred to as the Municipal Permit. The San Diego Municipal Permit The City of Chula Vista is currently regulated by Order No. 2001-01, NPDES No. CASOl08758 Waste Discharge Requirements for Discharge of Urban Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the incorporated cities of San Diego County :md the Unified Port District. The NPDES permit program is administered and enforced by the San Diego RWQCB. Storm water runoff issues are covered under the San Diego Municipal Pennit. The minimum requirement is to ensure that pollutants in discharges from storm drain systems owned or operated by the co-permittees are reduced to the maximum extent practicable (MEP) and that pollutants in discharges from construction activities covered by the State of California General Permit for Storm water Discharges Associated with Construction Activities are reduced by employing BAT/BCT (Best Available Technology/Best Conventional Technology) performance standards. The Municipal Permit outlines the individual responsibilities of the co- permittees including, but not limited to, the implementation of: 1) management programs; 2) Best Management Practices (BMPs); and 3) monitoring programs. Construction Permits All construction activities will have to comply with all applicable regulations established by the EP A, as set forth in Section 402 NPDES permit requirements for urban runoff and storm water discharge. Compliance with NPDES includes meeting the requirements of the General Permit for Storm water Discharges Associated with Construction Activity (General Construction Permit). In order to be covered under the General Construction Permit, a Notice of Intent must be filed with the RWQCB. Compliance with the permit requires that a storm water pollution Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 73 prevention plan (SWPPP) be prepared and implemented for any project larger than one-acre in size. Best Management Practices, design, treatment, and monitoring for storm water quality must be addressed with respect to municipal and construction permits. Industrial Permit Along with the establishment of the Municipal Permit, the EP A published final regulations that establish application requirements for storm water permits associated with industrial activity (CA 97-03-DWQ General Industrial Storm water Permit). The regulations require that storm water associated with industrial activity, which discharges either directly to surface waters or indirectly through municipal separate storm waters, must be regulated by an NPDES permit. The water quality laws, regulations and permits described above are applicable to future development in the Project Areas. 4.3.2 Project Impacts The threshold criteria for determining significant impact on drainage and water quality are whether or not the adoption and implementation of the Amendments will: · Violate any water quality standards or waste discharge requirements; . Substantially impact groundwater; · Substantially alter the existing drainage pattern ofthe site or area; · Result in runoff that exceeds the capacity of existing or planned storm water drainage systems; · Provide substantial additional sources of polluted runoff; or · Expose people or structures to flooding or inundation by seiche, tsunami, or mudflow. Drainage The development of property could alter or change the existing drainage pattern of the site. Because specific development plans are not available at this time, it is speculative to determine if existing drainage patterns would be altered or changed and if so, the impact associated with the drainage alternation. Altering existing drainage patterns of some sites could result in significant drainage impacts to local and downstream drainage facilities. The City, or Agency as appropriate would review all projects for potential drainage impacts at the time grading plans are submitted for approval and issuance of a grading permit. The conversion of presently unpaved vacant parcels to impervious surfaces (e.g., rooftops, parking lots, and other hardscape) would increase storm water runoff. If uncontrolled, this increase in runoff volumes could result in erosive velocities at storm drain outlet facilities. Under a 'worst-case' analysis, erosive runoff velocities at these outlet structures could result in a significant impact with respect to scouring effects. In addition, runoff from unprotected graded areas could have significant water quality impacts relative to deposits of siltation/sedimentation downstream of the graded areas. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ElR August 2003 Page 74 The Amendments include public storm drain improvement projects that if constructed would have positive impacts by improving the ability of the storm water system to adequately convey flows and reduce flooding. The construction of storm drain improvements that are needed to improve storm water flows would have positive impacts on people and property. The development of the storm drain improvement projects could indirectly result in impacts during the construction of storm drain improvements. Some of the short-term construction impacts include noise from the operation of the construction equipment, traffic delays and congestion due to the rerouting of traffic for storm drain projects that are constructed in roadways and air emissions from the short-term operation of construction equipment. Other short-term impacts could also occur during the construction of storm drain improvements and they would be specifically identified at the time the plans are submitted to the City for approval. The impacts that could occur during the construction of storm drain improvement proj ects will be short-term and cease upon the completion of the projects. The City or Agency, as appropriate, will prepare an initial study when storm drain improvement projects are submitted for approval to determine whether or not there will be any impacts (construction or operational) as required by CEQA. If impacts are identified measures will be incorporated into the project to reduce the impacts pursuant to CEQA. All development will have to be protected from flooding in compliance with all local and federal laws. The portion of the Added Territory near the Sweetwater River at State Highway 54 is in an area subject to a I DO-year flood. Development within this lOO-year flood plain would have to be protected from a flood as required by the City. Increased surface water runoff quantities due indirectly by development could impact existing storm drain facilities and require upgrades or the construction of new storm drain facilities to handle the storm water. Since development plans for future projects are not available at this time the City or Agency will review plans in the future for potential flooding impacts once plans are submitted for approval. An initial study will be prepared for each development project as required by CEQA to determine if the project would impact the storm water collection system or be impacted by the system. If it is determined a project would be impacted or impact the storm drain system measures would be imposed accordingly to mitigate the impact to an insignificant level to comply with CEQA. The Chula Vista General Plan does not identify any areas within the City that are subject to flooding by a tsunami or seiche. Therefore, future development would not be significantly impacted by a tsunami or seiche. Water Quality Future development would increase the potential for urban runoff pollutants, including hydrocarbons, organic wastes, nutrients, litter, hazardous chemicals, and pesticides and fertilizers to enter local bodies of water. As a result, future development could increase the volume, velocity and pollutant load transported by the storm drain system, which ultimately discharges into the San Diego Bay. Because no site-specific development plans are presently proposed in conjunction with the Amendments, the exact extent of such potential water quality impacts Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 75 cannot be determined at this time without speculation. Therefore, under a 'worst-case' condition, future development or redevelopment activities could result in significant impacts with respect to potential erosion, siltation, sedimentation and water quality degradation from storm water runoff, if not mitigated. These types of urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Surface water quality impacts can occur during the construction of both public and private development projects. The impacts can occur during the construction phase as well as after the project is completed and continue throughout the life of the project. All applicable projects would require a NPDES permit for discharge of runoff to surface waters from the State Water Resources Control Board through the Regional Water Quality Control Board. The discharge of water can be associated with, but not limited to, dewatering during construction, dredging activities or storm water runoff from construction sites. As part of the NPDES Municipal Permit, Order No. 2001-01, all development, both private and public, is required to comply with its requirements through all stages of planning, design, construction, and post construction. An example of the requirements include implementing structural and nonstructural pollution cOhtrol measures to limit urban pollutants reaching the waters of the United States to the maximum extent practical. A NPDES permit would be required for all projects that discharge to surface waters, or a Waste Discharge Requirements permit for any discharge of wastes to land as required by the California Water Code. All projects, as applicable, must comply with Chula Vista Municipal Code Section 14.20.120.A regarding compliance with implementing BMPs and pollution control requirements. The City has identified construction and post construction Best Management Practices (BMPs) that can be used to mitigate and reduce water quality impacts. The appropriate BMPs would be required to be incorporated into all projects to control the discharge of pollutants, prevent sewage spills, and avoid the discharge of sediments into the streets, storm water conveyance channels or waterways. Projects will be required to implement all applicable BMPs as recommended by the City, which will reduce water quality impacts. Because specific development plans for development that may occur are not available at this time, it is speculative to determine whether or not future projects mayor may not impact groundwater. As with all projects, the City or Agency, as appropriate, will review all future projects for potential groundwater impacts as required by CEQA when submitted for approval. If potential groundwater impacts are identified the City or Agency will impose mitigation measures to reduce the impacts to a level of insignificance in compliance with CEQA. Level of Significance Before Mitigation Future development could result in drainage impacts due to the alteration of existing drainage patterns and/or an increase in surface water runoff. The development of properties in the 100- year flood plain near the Sweetwater River would have to be protected from a 100-year flood. Development could also increase the amount of surface water runoff generated to the storm drain collection system due to an increase in the amount of impervious surfaces, such as rooftops, Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 76 parking lots, and other hardscape. An increase in surface water quantity could impact existing storm drain facilities downstream of the project. Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes, nutrients, litter, hazardous chemicals, and pesticides and fertilizers that enter local bodies of water. Potential erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated. These urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Development would not be significantly impacted by a seiche or tsunami. All development will be required to comply with the City's NPDES requirements and Chula Vista Municipal Code Section 14.20.120.A through all stages of planning, design, construction, and post construction, including structural and nonstructural pollution control measures to limit urban pollutants reaching the waters of the United States to the maximum extent practical. A NPDES permit would be required for all projects that discharge to surface waters, or a Waste Discharge Requirements permit for any discharge of wastes to land as required by the Califomia Water Code. The City has construction and post construction Best Management Practices (BMPs) to mitigate and reduce water quality impacts. All applicable BMPs would be incorporated into projects to control the discharge of pollutants, prevent sewage spills, and avoid the discharge of sediments into the streets, storm water conveyance channels or waterways. 4.3.3 Mitigation Measures The following mitigation measures are recommended to reduce drainage and water quality impacts associated with development in the Project Areas: 1. Prior to approval of project plans for development and public improvement projects in the Project Areas, a site-specific hydrology study shall be approved by the City of Chula Vista. This study shall identify the on-and off-site facilities necessary to adequately convey surface runoff to avoid or minimize on-site ponding, which could impact the integrity of building footings, and/or off-site flooding at downstream properties. This study shall also evaluate measures to avoid or minimize flooding of low-lying areas during high tide conditions, the effects of wind-driven waves generated from within San Diego Bay, flooding from the Sweetwater River, and erosion from inland or coastal flooding. All applicable measures recommended by the hydrology study shall be shown on the face of final grading and building plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. The hydrology study and mitigation measures shall be in conformance with criteria set forth by the U.S. Army Corps of Engineers for design of coastal structures. 2. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, a detailed erosion/siltation control plan shall be approved by the City of Chula Vista. The plan shall include, but not be limited to, the following measures to protect existing downstream areas from erosion, scour, and sediment deposition: Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 77 a) Install energy dissipaters, riprap aprons, water bars, or drop structures at all drainage outlets (e.g. sub drains, storm drains, culverts, brow ditches, and drainage crossings, or swales) to protect downstream areas from erosion, channel scour, siltation, and sedimentation; b) Implement short-and long-tem stabilization (erosion control) and structural (sediment control) measures to: (1) limit the exposure of graded areas to the shortest duration possible, (2) divert upslope runoff around graded areas, and (3) sore flows and remove sediment from runoff before it leaves the construction site. Stabilization measures may include dust control, surface roughening, hydro seeding, temporary and permanent landscaping, mulching, matting, blankets, geotextiles, sod stabilization, slope protection (e.g., geogrid fabric), tree protection (e.g., caging), and vegetative buffer strips. In addition, rubber hypalon liners shall be placed on bare soil disturbed by construction activities when weather conditions indicate any possibility of rain and the activities are temporarily suspended for any reason. Structural measures may include slope drains and benching, sub drains, storm drains, culverts, brow ditches, vegetation-lined drainage crossings, or swales, silt fencing, brush barriers, hay bales, gravel bags, berms, dikes, check dams, sediment traps, infiltration trenches, French drains, catch basins, desilting and detention basins, and vegetative controls. Such controls would likely be required at the base of manufactured slopes and/or areas adjacent to, or upstream of major drainage courses and wetlands; c) Maintain temporary and permanent landscaping on manufactured slopes, and use native or drought-tolerant vegetation, where applicable to reduce irrigation requirements d) Prevent tracking of soil from the construction site via gravel strips, temporary paving, sediment trapping devices, and/or wheel washing facilities at access points; e) Install/maintain gravel filters at all temporary drainage inlets; and f) Inspect/maintain all erosion and sediment control measures to ensure that they function properly during the entire construction period. All desilting traps/basins shall be cleaned when filled to 10% of their capacity, and all silt barriers shall be cleaned when accumulated sediment reaches six inches in depth. All areas planted with erosion-control vegetation shall be monitored daily for vegetation establishment and erosion problems, and any repairs and/or replacement of vegetation made promptly. Stabilization and structural controls shall be inspected at least monthly and after every significant storm event, and shall be repaired or maintained as needed to reduce sediment discharge. Access to these facilities shall be maintained during wet weather. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 78 3. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, a Notice of Intent shall be submitted to the State Water Resources Control Board, and a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and implemented in compliance with the California General Construction Activity Storm Water Permit of the NPDES. In addition, to the stabilization and structural controls specified above, the SWPPP shall include, but shall not be limited to, the following BMPs; a) Implement material and waste management programs during grading and construction, including solid, sanitary, septic, hazardous, contaminated soil, concrete and construction waste management, spill prevention, appropriate material delivery and storage, employee training, dust control, and vehicle and equipment cleaning, maintenance and fueling; b) Implement routine procedures or practices after grading and construction to reduce the amount of pollutants available for transport in the typical rainfall/runoff process such as a material use control program including proper storage and disposal practices for potential pollutants (e.g., motor oils and antifreeze); prohibiting storage of uncovered hazardous substances in outdoor areas; prohibiting the use of pesticides and herbicides listed by the Environmental Protection Agency, and spill prevention/responses and shipping/receiving practices. c) Install/maintain grease and oil traps or other filtration systems (e.g., fossil filters) at all permanent storm drain inlets; and d) Implement a monitoring program involving the following inspection and maintenance procedures for all post-construction storm water pollution control measures to ensure that they continue to function properly: · If utilized onsite, permanent detention basins shall be cleaned when filled to 10% of their capacity; · Drainage inlet filters shall be inspected and maintained at a frequency appropriate to the type of filter system used; · Landscaping sprinkler systems shall be maintained to prevent excess runoff due to leaking or broken sprinkler heads: · Drainage facilities shall be routinely inspected and repaired as needed; and · Records shall be kept of all control measure implementation, inspection, and maintenance. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 79 T 4. Prior to issuance of a grading permit for subsequent development or redevelopment activities within the Project Areas, all applicable short- and long-term stabilization (erosion control) and structural (sediment control) measures and BMPs recommended by the erosion/siltation control plan and SWPPP shall be shown on the face of final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City of Chula Vista. 5. During and after grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable stabilization and structural controls and BMPs in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City notified immediately to determine appropriate mitigation. 6. Prior to issuance of a certificate of occupancy, the applicant, as applicable, shall provide evidence to the City of Chula Vista that: I) a hazardous materials business plan has been prepared and implemented in accordance with local, state, and federal regulations; and 2) all local, state, and permit requirements to generate, use, store, and transport hazardous materials have been satisfied. 7. All subdivisions shall comply with Chula Vista Subdivision Manual Section 3-201.2(2) that requires subdivisions to provide on-site storm detention facilities such that the post- development flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of the subdivision. Preliminary hydrology studies shall demonstrate that runoff flow rate does not increase as a result of development. 4.3.4 Significance After Mitigation There will be no significant drainage or water quality impacts with adoption and implementation ofthe Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 80 4.4 TRAFFIC AND CIRCULATION 4.4.1 Existing Conditions Background In May 2000 the City of Chula Vista initiated an effort to establish written guidelines for identification of project traffic impacts in environmental impact report documents. The City has written guidelines for determining the need and scope of traffic studies and identifying impacts. The use of the guidelines will ensure uniformity in the preparation and review of traffic studies for development within the City of Chula Vista. The guidelines also help determine the timeline for implementation of specific improvement strategies to address identified deficiencies. I I Roadways The streets and highways in the City are described and classified according to their primary function. The City has a hierarchical system of several street classifications including freeways, prime arterials, major streets, and collector streets. A brief description of the classifications of roadways that either serve or are located in the Added Territory is provided below. Figure 17, Existing Roadways Map, shows the roadways that serve the western portion ofChula Vista. Freeways - Freeways include those facilities that are an important part of the overall circulation system serving as a means of bypassing regional through traffic as well as supplementing the local thoroughfare system. Freeways provide regional access to the City and are capable of carrying large volumes of unimpeded traffic at high speeds and serve as primary corridors between communities and other major traffic generators such as large commercial, industrial, recreational, and residential areas. The freeways that serve the Added Territory include Interstate 5, Interstate 805, and State Route 54. Prime Arterials - A prime arterial is a six-lane facility and is designed to carry high volumes of traffic and serves to distribute traffic to and from the freeway system and expressways. A prime arterial is designed to move traffic between major traffic generators. A raised median is usually required to separate the two directions of travel and improve the visual appearance of the arterial corridor. There are no prime arterials in the Added Territory. Major Streets - Major streets are either six or four lanes of traffic and designed to carry high volumes of traffic and serve to distribute traffic to and from the freeway system, expressways, and arterials. Major streets are primarily designed to distribute localized trips. A raised median is required to separate the two directions of travel and to improve the visual appearance of the arterial corridor. Access to and from four-lane or six lane major streets from abutting properties shall typically be controlled, but not restricted. Parking along these roadways is typically allowed, however if a "Guidelines for Traffic Impact Studies in the City ofChula Vista, February 13, 2001 Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 81 T r I \ I i I I _ i.....- Note: Graphics in the Draft Program EIR focus on the Added Territory only. Analysis of previous redevelopment project areas was completed pursuant to their respective environmental documents. W+E S legend Redevelopment Area. Bayfronl Ot.ayValleyRoad Southwest Town Centre I Town Centre II - MajOr Roads FulureStreels _Freeways ... Future SR125 --.- City Boundaries DCitie-soutsideChulaVista -Rivers I!IJWaterFealures _AdOflodTeuilory Figure 17 Existing Roadways Within Redevelopment Areas Source: City of Chula Vista bike lane is to be provided along with parking, an additional 10 feet of right-of-way will be required to allow for a 10-foot widening of the roadway cross section. Major arterial facilities shall provide landscaped buffer areas and pedestrian crossings should be well planned, focused and controlled to direct pedestrians to designated crossing points at signalized intersections. The following general plan designated six and four lane major streets are located in the Project Areas: Six Lane Roads · Broadway - from E Street in Central Chula Vista to State Route 54, · F ourth Avenue - from State Route 54 to C Street in Central Chula Vista. . H Street - from 1-5 to 1-805 in Central Chula Vista. . Palomar Street - from 1-5 east to the intersection of Orange AvenueIPalomar Street. Four lane Roads · Broadway - from E Street in Central Chula Vista to the southern edge of the general plan boundary. . Fourth Avenue - between C Street and E Street in the northern portion of Central Chula Vista, and between Palomar Street and the southern edge of the general plan boundary. · E Street - from Marina Boulevard to Broadway in the Bayfront. · Marina Boulevard - from E Street to J Street in the Bayfront. . G Street - from Marina Boulevard to 1-5 in the Bayfront. · J Street - from Marina Boulevard to Broadway in the Bayfront. · Orange Avenue - between Palomar Street and 1-805 · Main Street - between 1-5 and 1-805 Collector Streets - Collector streets complete the circulation system by providing service to residential areas and relieving traffic pressure on arterials and major streets by providing alternative routes for short trips. This classification includes three subclasses of collector streets: a four-lane collector street with a center left turn lane; a two-lane collector street with a center left turn lane; and a two lane collector street. There are many collector streets in the Added Territory, including Class I, II, and Ill. Class I Collector Street - These streets serve primarily to circulate localized traffic and to distribute traffic to and from arterials and major streets. Class I collectors are designed to accommodate four lanes of traffic, however they carry lower traffic volumes at slower speeds than major arterials and have a continuous left-turn lane separating the two directions of traffic flow. Parking is typically allowed and if a bike lane is to be provided along with parking, an additional 1 0 feet of right-of-way will be required. Class II Collector Street - Class II collector streets with two-way center turn lanes serve primarily to circulate localize traffic and to distribute traffic to and from arterials, major streets, and Class I collectors. Class II collectors are designed to accommodate two lanes of traffic, however they carry lower traffic volumes at slower speeds than Class 1 collector streets. These streets provide access to properties and circulation to residential neighborhoods. Parking on Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 83 Class II streets is typically allowed and if a bike lane is provided and parking retained, an additional 1 O-feet of right-of-way will be required, Class III Collector Street - Class III collector streets also circulate localized traffic as well as distribute traffic to and from arterials and other collectors to access residential areas. Class III collector streets accommodate low volume levels, Direct access to abutting properties is unrestricted and parking is typically allowed. If a bike lane is to be provided and parking is also allowed, an additional 10 feet of right-of-way will be required. Level of Service Level of Service (LOS) is a qualitative measure to describe the operational conditions within a traffic stream and a motorist and/or passenger's perception of the roadway's performance. LOS is designated a letter from A to F, with LOS A representing the best traffic conditions and LOS F representing the worst conditions, In general, LOS A represents free flow traffic conditions; LOS B represents a stable flow wit operating speeds beginning to be affected by traffic volumes; LOS C represents a stable flow with increased restrictions so that speed and maneuverability are more closely controlled by higher traffic volumes; LOS D represents conditions approaching unstable flow, in which traffic volumes profoundly affect arterial flow; LOS E represents unstable flow and some stoppages; and LOS F represents forced flow, many stoppages, and low operating speeds. Brief LOS definitions are show below in Table 2, General Level of Service Descriptions. The current standards for acceptable traffic conditions are recognized by the City of Chula Vista as LOS C for daily roadway segment operations and LOS D for peak-hour intersection operations. Table 2 General Level of Service Descriptions Level of Serviee Trame Conditions A Excellent, light traffic B Good, light to moderate traffic C Moderate traffic, with insignificant delay D Heavy traffic, with significant delay E Severe congestion and delay F Failed, indicated levels cannot be handled Source: Final Program EIR, Town Centre I1Bayfront Redevelopment Plan Amendment Congestion Management Program (CMP) A CMP analysis of CMP freeways and arterials is required for all projects that generate 2,400 daily or 200 peak hour trips as detailed in the 1991 Congestion Management Program, For projects that do not satisfy the requirements for a CMP analysis, a traffic study may be required based on direction from the City Engineer, or his designee and the City's Environmental Review Coordinator. The City has specific criteria and methodology for the preparation of CMP analysis for freeway and arterial facilities, The City's analysis criteria includes the study of area freeway segments, roadway segments, and intersections using the following scenarios: existing conditions; existing conditions plus the Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 84 proposed project; eXlstmg conditions plus approved and pending projects plus the proposed project (for non-master planned projects only); horizon years (defined as five year incremental study years for the project, i.e. 2005, 2010, 2015, 2020 and build out. The final determination on the years to be studied may vary based on direction from the City engineer); regional build out year plus the proposed project. Growth Management Oversight Committee (GMOC) Near-Term Analysis In November 1987, the City Council adopted the original Thresholds Standards Policy for Chula Vista establishing "quality-of-life" indicators for eleven public facility and service topics. The Policy addresses each topic in terms of a goal, objective(s), a "threshold" or standard, and implementing measures. Adherence to these City-wide standards is intended to preserve and enhance both the environment and residents' quality of life as growth occurs. To provide an independent, annual, City-wide Threshold Standards compliance review, the Growth Management Oversight Commission was created. It is composed of nine members representing each of the City's four major geographic areas, a member of the Planning Commission, and a cross section of interests, including education, environment, business, and development. A traffic analysis of roadway segments under the near-term conditions (0-4 years) may be required for some projects as part of the GMOC requirements. Classification of roadway facilities and the definition of segment lengths should be consistent with the City's Growth Management Traffic Monitoring Program. The threshold standard for arterial analysis requires an acceptable level of service or better as measured by observed average travel speed on all signalized arterial segments except during peak hours LOS 'D' can occur for no more than any two hours of the day. Project required traffic studies evaluate a future time period, which corresponds to San Diego Association of Governments model years and are meant to synchronize traffic study impacts to be in line with typical study years of 2005, 2010, 2015, 2020 and build out. The criteria to determine whether the project results in either project specific or cumulative impacts on freeway segments, roadway segments, or intersections are either Short-Term (Study Horizon Year 0 to 4) or Long-Term (Study Horizon Year 5 and later), For the purpose of the analysis, roadway sections may be defined as either links or segments. A link is typically that section of roadway between two adjacent Circulation Element intersections and a segment is defined as that combination of contiguous links used in the Growth Management Plan Traffic Monitoring Program, Specific impact criteria has been established for intersections, street links/segments, and freeways and include exceeding a specific level of service, project generated trips exceeding a specific percentage of the street segment volume and a project generating a specific number of average daily trips. Transit The Chula Vista Transit (CVT) has been providing public transportation in Chula Vista since 1971. CVT provides 12 fixed bus routes along arterial streets in the city. CVT is part of the Metropolitan Transit System (MTS) that provides transit services to the larger San Diego region, MTS coordinates fares, transfers, routes and information services to the region. CVT interfaces Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 85 with the San Diego Trolley's Blue Line at the Bayfront/E Street, H Street, and Palomar Street Trolley Stations. CVT is managed by the Chula Vista Department of Public Works Transit Division and operated under contract. The contractor is responsible for the daily operations of the system and the maintenance of the fleet. CVT operates a fleet of 37 buses of which 25 are new, low-floor, clean burning Compressed Natural Gas (CNG) buses, CVT coordinates its service with the San Diego Trolley, San Diego Transit Corporation (SDTC), National City Transit (NCT), and Route 923 operated by Southwest coaches. Coordination between CVT and other area operators is accomplished through the Metropolitan Transit Development Board (MTDB) primarily by timed transfers at specific location, a regional transfer policy agreement and a regional monthly pass program agreement. Dial-A-Ride for senior citizens and disabled citizens is available in Chula Vista, Bus Rapid Transit (BRT) combines the quality of rail transit and the flexibility ofbuses. It can operate on exclusive transit ways, High Occupancy Vehicle (HOV) lanes, expressways, or ordinary streets. A BRT system combines intelligent transportation systems technology, priority for transit, cleaner and quieter vehicles, rapid and convenient fare collection, and integration with land use policy. Several key concepts that are involved in making ordinary bus service into BRT include I) reducing travel time and 2) user friendly service, Reducing travel time will provide a benefit to all users of transit. In addition, faster friendly service, combined with better information and better marketing to improve transit's image will increase transit rider ship. BRT can help in the effort to promote transit-oriented land development. BRT features offers new transit options to the public to combine the ease-of-use of some rail service with the flexibility of bus service. Future BRT systems are proposed for H Street, E Street, and Palomar, Truck Routes The City has adopted 12 a truck route schedule to provide access to those land uses requiring truck transportation, while protecting those land uses sensitive to the impacts of truck travel. Many of the designated truck routes are located within the Added Territory as shown in Figure 18, Designated Truck Routes. Bicycle Facilities Chula Vista is committed to implementing a well-planned bicycle network. Western Chula Vista, which includes property in the Added Territory, links the regional Bike Trail with the rest of the city. The Cities of San Diego and Chula Vista, and the County of San Diego, are jointly preparing a Trails Master Plan for the Otay Valley Regional Park Concept Plan and a major segment of the Chula Vista Greenbelt trail system linking the Bayshore Bikeway to the Otay Lakes. The master plan is scheduled to be completed this year. Some of the future bike trails will extend through the Added Territory. 12 Ordinance No. 2482, Chula Vista Municipal Code Sections 10.64.010 and 10.64.040. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 86 - ., ~~ om 0:: ., >- '" rd u't: ., ::l ., ~:J "- ~mu. Lane Ave. <;;''1><<,....\'1>'#.e ~.....,rl 2+00 :!: c z w ~I Miller Dr. ~ ~o ~o~ v'1>~ ~ it; ,,0 \.et~' MaxlVe/f wi> ve~ 1- ~ K ., ~ .... m c 'jij ::; \<<,\",~e, 'OJ;;" ~....e \~....et<<' ~l\6",~e. ~(6",~e. b.\",,,,~e. .,\",,,,~e. e(0'1>6"''1>~ ......- .....~ <Il ... ~ ~ lO 0- "- ....~ <Il '!l. % 11> ~ '(; <l. '" \.e" ~ 11> \l\....et<<,\$ l>- e> ., .' $ . . '. .' , , 11> . . if, ~ " 11> 11> 11> " l>- e> 11> .' '$. ....... ~ .., -t. : . 11> .) . COUlIll ....,fl,f!3 ~ ::::s Ul ::::s 0 .- Cle::: > ._ III LL..ll::- (,.) ::::s ::::sJ:: ~U .... o ~ U 0; ~ :~ .s , " ::; 0 ~ o " " 0 :> .5 .0 0 ~~ 00 ,g:i ~u o~ 'iij 0 .~a ~ 0 o~ ,- e .!: ~~ ~~ o . Sill -' o oill: -~ ::> g ~.= ~.9 ;$ ",.0 .0 , " 0> ~~ ci. ~ i ~ g O'~ ,,,,~ 00- o;g5 :.<- . c o~~ 1~~ _ 0 . NO Q) co""" "5 ...00 N..;lr ci~~ zoo - , Q) (/.I": ~.~ ~ c-- '5"~ " ~ . OQ):B &"8~ 00 .l!l Ul > .!!! ::::s J:: () .... o ~ U .. Q) ~ ::::s o en There are three classifications of bicycle facilities that are incorporated into the street system, The three classifications are as follows: Shared Route - A shared route is a street identified as a bicycle route by signing only. There are no special lane markings and bicycle traffic shares the roadway with motor vehicles, Bike Lane - A bike lane is a lane on the paved area of a street for preferential use by bicycles. It is usually located along the edge of the paved area or between the parking lane and the first motor vehicle lane. It is identified by "Bike Lane" signing, special lane lines and other pavement markings. Bicycles have exclusive use of a bike lane for longitudinal travel, but must share the facility with motor vehicles and pedestrians crossing it. Bike lanes shall be one-way facilities. Bike Path - A bike path is a special pathway facility for the exclusive use of bicycles, which is separated from motor vehicles by space or a physical barrier. A bike path may be on a portion of street or highway right-of-way or special right-of-way not related to a motor vehicle facility, It may be grade separated or have street crossings at designated locations. It is identified with guide signing and also may have pavement markings. 13 4.4.2 Project Impact The threshold criteria for determining whether or not the Amendments could have significant traffic impacts is based on City of Chula Vista standards, The criteria differs depending on whether the timing of impacts are near-term (0-4 years) or long-term (5 years or longer). The criteria is: Near Term (0-4 years) Intersections A direct impact project impact to an intersection would occur if both of the following criteria are met: 1. Level of service is LOS E or LOS F; and 2. Project trips comprise five percent or more of entering volume; 3. A cumulative impact to an intersection would occur only if Criteria #1 is met. Street Segments If Average Daily Trips (ADT) methodology indicates LOS C or better for a street segment, an impact is not significant; if ADT methodology indicates LOS D, E or F for a street segment, the Growth Management Oversight Committee (GMOC) method should be utilized, which uses the following criteria: 13 City ofChula Vista General Plan, page 2-31. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 88 T A direct project impact would occur to a street segment if all of the following criteria are met: 1. Level of service is LOS D for more than two hours or LOS E/F for one hour based on GMOC criteria; 2. Project trips comprise five percent or more of segment volume; and 3. Project adds greater than 800 ADT to segment; 4. A cumulative impact to a street segment would occur only if Criteria #1 is met. Long Term (5 years or longer) Intersections A direct project impact to an intersection would occur if both of the following criteria are met: 1. Level of service is LOS E or LOS F; and 2. Project trips comprise five percent or more of entering volume; 3. A cumulative impact to an intersection would occur only if Criteria #1 is met Street Segments Using the ADT methodology, an impact considered significant; ifthe following criteria are met: 1. Level of service is LOS D, LOS E, or LOS F; 2, Project trips comprise five percent or more of segment volume; and 3. Project adds greater than 800 ADT to segment; 4. A cumulative impact to a street segment would occur only if Criteria #1 is met. The Amendments will allow the Agency to assist in the construction of private projects in the Added Territory. The development of projects could cause an increase in traffic, which is substantial in relation to the existing traffic and capacity of the street system. An increase in traffic could decrease the existing levels of service of intersections and impact street segments to unacceptable City levels, Since development plans of future private projects are not available, specific traffic analysis cannot be conducted at this time, The City will conduct further environmental analysis as identified in the Guidelines for Traffic Impact Studies in the City of Chula Vista to determine whether or not a project could have traffic and circulation impacts at the time development plans are submitted for approval. If impacts are identified, based on the threshold criteria, traffic studies will be required to identify impacts and mitigation measures will be imposed to reduce impacts to levels of insignificance in compliance with CEQA, The Amendments would not change the existing land use designations of properties as designated by the Chula Vista General Plan. The development of private projects must be consistent with and in compliance with the Chula Vista General Plan, as amended from time to time. Thus, the traffic generated to the area circulation system based on development consistent with the General Plan would not change with adoption of the Amendments. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 89 The construction of the traffic and circulation improvement projects listed in the Amendments consistent with the Chula Vista General Plan would have positive circulation impacts to the community to improve traffic flow, reduce congestion and improve traffic safety and air quality, Development plans for future transportation improvement projects are not available at this time. Thus, the potential impacts that may be associated with their construction cannot be evaluated at this time without speculation. Additional analysis as required by CEQA will be conducted for all public transportation projects by the City at the time development plans are submitted for approval to determine whether the projects will have a significant impact based upon the criteria noted above. If impacts are identified as significant, the City will require mitigation measures to reduce the impacts to a level of insignificance as established by the above noted City criteria. The following discussion evaluates whether or not the Amendments will impact the listed topic. Level of Service The adoption and implementation of the Amendments could impact current levels of service along roadways and controlled intersections. The traffic generated by private projects could impact traffic levels of local transportation systems during both the short-term (project construction) and the long-term (project operation/life of the project) if a street segment or intersection operates at unacceptable levels of service. The City or Agency, as appropriate, will require traffic studies when necessary to determine if a project could have significant traffic impacts. Traffic reports will be prepared to estimate the amount of traffic that will be generated by the project, the impact of the traffic on the transportation system and recommend traffic improvements and other mitigation measures when required to reduce traffic impacts to a level of insignificance. All traffic reports will be prepared pursuant to the February 13, 2001 City of Chula Vista Guidelines for Traffic Impact Studies and include a CMP analysis, if applicable, short-term and/or a long-term analysis as determined appropriate by the City Engineer, or his designee. The construction of public transportation system projects listed in the Amendments could have positive impacts to the circulation system by improving traffic flow, reducing congestion and traffic delays and improving traffic safety and air quality. Although the construction of the public street improvement projects may have some short-term construction impacts, the street improvement projects overall are anticipated to improve traffic circulation for the long-term. Transit The Amendments will not change or impact existing or planned bus routes/bus stops because the Amendments do not include any projects that would change or modify existing bus routes or bus stops. As new or redevelopment occurs, future bus routes and bus stops will be planned to serve increased rider ship, Future street-widening projects in the Added Territory could allow the construction or relocation of bus stops and/or turnout bays and BRT Systems, which would serve transit users and improve traffic flow, The construction of additional bus stops/turnouts, or the relocation of bus stops and/or turnout bays that better serve the city would have positive impacts on the mass transit system by improving bus flow along transit routes in the Added Territory and indirectly improving overall traffic circulation. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 90 . Truck Routes The Amendments do not propose to change eXlstmg truck routes in Chula Vista, The construction of public street improvement projects could improve the circulation of truck traffic, if they are located on existing truck routes. Improvements to truck circulation along truck routes could have positive impacts to traffic overall by reducing traffic delays and congestion. Bicycle Facilities The future construction of the street improvement proj ects including street widening, construction of curbs and gutters, and sidewalks could also improve bicycle facilities throughout the Project Areas, Because the City of Chula Vista is committed to implementing a well planned bicycle network, the incorporation of bicycle facilities into future traffic and circulation projects would have positive impacts for people that use the bicycle network system and possibly link the city with a bike trail. Participation by the Agency to construct bicycle trails in the Added Territory would assist the City towards improving bicycle trails throughout the community, Level of Significance Before Mitigation 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. The development of projects could generate traffic that reduces roadway segments and/or intersections to unacceptable City levels of service. The City or Agency, as appropriate, will evaluate all private projects for traffic impacts pursuant to the February 13, 2001 City ofChula Vista Guidelines for Traffic Impact Studies at the time projects are submitted to the City for approval. If traffic impacts are identified pursuant to the City of Chula Vista Guidelines for Traffic Impact Studies, a traffic study will be required to identify traffic impacts and measures will be required to mitigate the impacts. The Amendments will allow the Agency the ability to construct needed street improvements as tax increment becomes available. If the Agency is able to construct needed street and circulation improvements the Amendments would have positive impacts by improving traffic flow, reducing congestion and improving traffic safety. 4.4.3 Mitigation Measures The following mitigation measure is recommended: 1. Prior to approval of project plans for development or redevelopment activities in the Project Areas that are anticipated to generate substantial traffic volumes based on criteria in the February 13, 2001 City of Chula Vista Guidelines for Traffic Impact Studies, a detailed traffic study shall be approved by the City of Chula Vista. For projects that would generate 2,440 or more ADT, or 200 or more peak-hour trips, the traffic study shall be prepared in accordance with the Guidelines for Congestion Management Program (SANDAG 1994), Based upon studies, mitigation measures shall be Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 91 implemented to reduce all traffic impacts to below the level of insignificance established by the City. The traffic study may also address the following transportation/circulation issues, as appropriate and determined by the City Engineer, or his designee: (1) in addition to geometric improvements (e.g., road widening, lane restriping, intersection reconfiguration), traffic flow improvements to reduce congestion should include traffic signal installation, timing, and phasing; (2) bicycle and pedestrian pathways should be developed, at a minimum to meet standards; and (3) the City of Chula Vista should encourage the extension of public transit into the expanded Added Territory. To further reduce traffic impacts, the following transportation demand management strategies (TDM) shall be addressed in the traffic study for possible incorporation as conditions subsequent permits for future development or redevelopment activities with the Project Areas: · Promote the use of public transportation, including increased bus and trolley service/usage and possible extension of light rail transit service into the Added Territory; · Create park and ride lots; . Provide bicycle storage facilities; . Promote a ride sharing program; and · Promote flexible work shifts from area businesses, 2. Prior to issuance of a certificate of occupancy for future development or redevelopment within the Project Areas, construction of the circulation system improvements identified in the recommended traffic study in Mitigation Measure 1. above, if required, shall be completed to the satisfaction of the City ofChula Vista and, when applicable, Caltrans. 4.4.4 Significance After Mitigation There will be no significant traffic and circulation impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 92 , 4.5 AESTHETICS 4.5.1 Existing Conditions The Added Territory includes a variety of land uses including residential, light industrial, commercial, public, vacant and underutilized parcels. The existing residential uses are comprised of single-family detached and multi-family units. The light industrial uses include warehousing, development and light manufacturing uses in concrete tilt-up structures. The commercial uses include a mixture of restaurants, fast food outlets, super markets, video stores, medical offices, and banks. Some of the buildings are blighted due to the lack of regular maintenance including painting and landscaping and do not meet building and fire codes, earthquake standards. In some locations, the existing uses are not compatible with the surrounding land uses in terms of types ofland use, architecture and design, Design The Chula Vista Design Manual14 provides guidelines to assist the City and the development community to achieve a high quality of aesthetic and functional design. The guidelines are applied in conjunction with development standards to implement the City's design review process. Design review is intended to achieve orderly and attractive development, to protect and enhance the City's unique character and ensure the stability and growth of public and private investment in land and improvements. Design Review Process Design review involves a comprehensive evaluation of the site plan, architectural and landscape design components of development. Generally, multiple family, commercial, industrial, and institutional development are subject to design review. Development Standards The Design Manual is used in conjunction with the City's development standards and includes building and fire codes, site and facility accessibility requirements for the disabled, zoning and planned community district regulations, grading and subdivision regulations and a separate Landscape Manual, among others. There are also specific and precise plans, redevelopment plans, and project specific design guidelines, which may supplement or supersede the guidelines or the otherwise applicable standards and regulations. 14 Adopted by Resolution No. 17647 on September 6, 1994. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 93 Design Criteria Each development type (single family, multiple family, commercial, industrial, and institutional) has guidelines that are intended to be attractive and integrate the project with surrounding development, create visual interest and variety, or reducing the mass of large buildings, Each development type has criteria for site planning, architecture, and landscaping. In addition, the Design Manual also includes design guidelines for signs for a project. The guidelines for signs are intended to: encourage signs which are used primarily to "identify" businesses and provide directional information rather than advertise products; limit the number of signs to only those necessary to properly identify the business and legible in the circumstances in which they are seen; promote signs which are compatible with the nature, character, and design of the area in which they are located and are appropriate to the type of activity to which they pertain. The Sign Design Guidelines include criteria for the following: sign concept; compatibility; placement; size and shape; copy; colors and materials; and lighting. Scenic Highways The City of Chula Vista General Plan designates two roadways in the Added Territory as scenic highways. F Street from Marina Parkway east to Third Street and Fourth Avenue from State Route 54 to the Chula Vista Greenbelt near the southern part of the city are scenic highways. As such, all development adjacent to scenic routes should be subject to design review to insure that the design of the development will enhance the scenic quality of the highway, 4.5.2 Project Impacts The threshold criteria for determining potential significant aesthetic impacts are if the adoption and implementation of the Amendments will: · Substantially impact a scenic vista; · Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings with a state scenic highway; · Substantially degrade the existing visual character or quality ofthe site and its surroundings; · Introduce a new source of substantial light or glare that adversely affects day or nighttime views in the area; or · Result in architecture, urban design, landscaping, and/or landforms that negatively detract from the prevailing aesthetic character of the site or surrounding area. The adoption and implementation of the Amendments will allow the Agency to participate in the construction of needed public improvement projects and private projects. The construction of Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 94 T public improvement projects such as street widening, gutters and curbs, sidewalks, streetlights, landscaping, under grounding overhead power lines would improve the aesthetics of the streets upon completion of construction. The construction of other public improvement projects such as entryway beautification would also improve the aesthetics of the Project Areas. The construction of public improvement projects will have short-term aesthetic impacts, These short-term aesthetic impacts would be due to the presence of construction equipment, open trenches, piles of dirt, stock piling materials, etc, Once construction is completed the construction equipment will be removed, the trenches will be backfilled and graded close to pre- construction conditions and the short-term aesthetic impacts of construction will be eliminated. The development plans for private and public improvement projects have not been prepared. Therefore, it is speculative to analyze the aesthetic impacts that may be associated with the development of future projects at this time, Some projects could have an aesthetic impact on the visual character of the area surrounding the proj ect. The City or Agency, as appropriate, will review the plans for private and public improvement projects for compliance with the City's design manual. Compliance with the design manual will ensure that development does not have a significant aesthetic impact based upon project design. Mitigation measures will be imposed on development to reduce potential aesthetic impacts to a level of insignificance in compliance with CEQA. If potential aesthetic impacts are identified the City or Agency, as appropriate, will recommend mitigation measures to reduce the aesthetic impacts. The construction of public improvement and private projects could increase glare and lighting. Glare and lighting could impact light and glare sensitive land uses in the immediate area. Because development plans are not available for either specific public or private projects, it is speculative to determine if future projects would have light and/or glare impacts. The City would review development plans in the future for light and glare impacts at the time they are submitted for approval. Measures to reduce or eliminate light or glare impacts would be incorporated into the proj ects to reduce impact to surrounding land uses. There could be historical resources, or buildings that are candidates for historical resources that if redeveloped or demolished could result in impacts. The City will review future development plans for impacts to buildings that are known or suspected to be of historical value. The construction of public improvement projects such as sewer lines and storm drains for the most part will be located underground and as a result will not have any significant long-term aesthetic impacts. There could be short-term aesthetic impacts during construction of underground public improvement projects associated with the presence of construction equipment, stockpiles of supplies and materials, open trenches, and piles of dirt. Once construction is complete the trenches will be filled, the land graded and the construction equipment will be removed, Once the construction is completed the short-term aesthetic impacts associated with construction activity will be eliminated. The adoption and implementation of the Amendments is anticipated to encourage private development in the Added Territory. It is not known at this time which properties will be developed and when they will be developed. Therefore, it is speculative to determine which Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 95 existing buildings may be redeveloped, refurbished, or demolished and the aesthetic impacts that may occur with future development. As with all projects, development plans will be submitted to the City or Agency, as appropriate, for approval. Implementation of the City's design manual will ensure that development will not have a significant aesthetic impact. The City, or the Agency, as appropriate, will review the plans and make a determination whether or not the project will have aesthetic impacts based on conformance with the City's design manual and impose the incorporation of mitigation measures accordingly to reduce significant aesthetic impacts to a level of insignificance in compliance with CEQA. Scenic Roadways Future development along F Street, Fourth Avenue, and Marina Parkway could impact the scenic roadway designation of these roadways. Because these are scenic highways, future development must consider specific factors to ensure that future proj ects do not impact the scenic quality of the highways, but rather enhance the scenic qualities. Future development along these scenic highways will be reviewed by the City for compliance with specific factors to protect the scenic qualities of these roadways. Level of Significance Before Mitigation Fourth Avenue 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, Fourth Avenue, and Marina Parkway could impact the scenic qualities of these two roadways because they are designated as scenic roadways. One of the objectives of the Amendments is to reduce and eliminate blight. The adoption and implementation of the Amendments will encourage the removal of existing blighted and deteriorated buildings and replace them with new buildings, The Amendments will also encourage construction of public improvements that could improve the aesthetics of the Project Areas. All future private and public improvement projects will be evaluated for consistency with the City's standards and guidelines, including the design manual, to reduce aesthetic impacts and mitigation measures will be imposed as appropriate to minimize and reduce aesthetic impacts to a level of insignificance in compliance with CEQA. 4.5.3 Mitigation Measures The following mitigation measure is recommended: 1. Prior to approval of project plans for subsequent development or redevelopment activities in the Project Areas, the City of Chula Vista shall review individual project plans and building design. Design review shall include plan/architecture modification, if necessary, to protect the aesthetics and character of the area of the project and scenic roadways. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 96 . 2. All private and public improvement projects shall be reviewed by the City for consistency with the City's standards and guidelines for aesthetics and design, including the design manual, and all private and public improvement projects, shall be required to comply with those standards and guidelines, including the design manual. 4.5,4 Significance After Mitigation No significant aesthetic impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 97 4.6 NOISE 4.6.1 Existing Conditions Noise is defined as any sound that is undesirable or interferes with normal hearing processes. The decibel (dB) scale is used to quantify sound intensity and represents the ratio between a given sound and the faintest sound detectable by human hearing. Because sound pressure levels vary widely within the range of human hearing, decibels are measured on a logarithmic scale, which quantifies sound intensity in a manner similar to the Richter scale used for earthquake magnitudes. Thus, an increase of 3 dB doubles the noise level; a decrease of 3 dB halves the noise level. The human ear is not equally sensitive to all sound frequencies within the entire noise spectrum. Accordingly, noise measurements within the frequencies of maximum human sensitivity are weighted more heavily in a process called "A-weighing," written as dB(A). Because cumulative noise exposure typically involves a number of distinct and isolated noise events, the following qualifies are used to describe ambient noise. Time variations in noise exposure are typically described as the constant energy level equivalent for a give time period, expressed as 4q. Specifically, Leq is the steady-state noise level, which has an equal acoustical energy level as a noise event varying over a given time. Additionally, because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, Title 24 of the California Code of Regulations requires use of the Community Noise Equivalent Level (CNEL) for planning purposes. CNEL is defined as an average sound level during a 2-hour day, obtained after addition of five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p,m., and after addition often decibels to sound levels in the night between 10:00 p.m. and 7:00 a.m.. Title 24 also requires that interior noise levels (attributable to exterior sources) in habitable rooms of all new multi-family residences, hotels, and motels be limited to 45 dB(A) CNEL or below. The Noise Element of the Chula Vista General Plan states that noise exposure should be considered in land use decisions, but does not provide specific standards. For noise-sensitive land uses such as residential areas, the City considers an exterior noise level of 65 dB(A) CNEL as the criterion of acceptability. Less sensitive land uses such as commercial and industrial areas are not considered noise impacted up to an exterior noise level of 80 dB(A) CNEL. The adopted Chula Vista 'Performance Standards and Noise Control' Ordinancel5 establishes maximum allowed exterior noise limits as shown in Table 3, Exterior Noise Limits. The maximum interior noise limits allowed are shown in Table 4, Interior Noise Limits. If the ambient noise level already exceeds these standards, the allowable noise level is equivalent to the ambient level. Although construction noise is exempted from the exterior noise standards, the General Plan Noise Element states that "abatement in this category will be achieved in part by federal regulations governing decibel output of various types of equipment, while City control occurs through nuisance ordinances which limit construction to daylight hours..." Construction noise levels are not strictly relatable to a 24-hour community noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated 15 The Noise Control Ordinance of the City ofChula Vista, Chapter 19.68 of the Municipal Code. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 98 Table 3 Exterior Noise Limits Noise Level [Db(A)] Receiving Land Use Category All residential (except multiple dwelling) Multiple dwelling residential Conunercial Light industry - I-R and I-L zone Heav indus - I zone Notes; Environmental Noise - Leq in any hour. Nuisance Noise - Not to be exceeded any time. 65 70 80 Table 4 Interior Noise Limits Noise Level [Db(A) Not to be Exceeded Type of Land Use Time Interval Any Time I minute in I hr. 5 minutes in 1 hr. Multi-family 10 P.M. -7 A. M. 45 40 35 Residential 7 A.M. - 10 P.M. 55 50 45 with nOIse disturbance during quiet hours and the nuisance factor accompanying such disturbance usually leads to time limits on construction activities imposed as conditions on construction and use permits. The weekday hours from 7 a.m. to 7 p.m. are typically the allowed times for construction activities if there are noise sensitive areas within a reasonable exposure zone around the construction site. 4.6.2 Project Impact The threshold criteria for determining whether or not the project could have significant noise impacts are based on whether or not adoption and implementation of the Amendments will: · Result in exterior noise levels that exceed 65 CNEL in residential areas and outdoor recreational areas; · Result in interior noise levels that exceed 45 dB CNEL for single-family and multi-family residential homes; · Result in noise levels that violate !be City's Noise Ordinance (Chapter 19.68 of the Municipal Zoning Code); · Create a substantial permanent or temporary increase in ambient noise levels in !be project vicinity above levels existing without the project. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 99 · Generate a one-hour average noise level in excess of 60 dBA at adjacent wildlife habitat during a nesting season. The adoption and implementation of the Amendments would result in development that will have both short and long-term noise impacts. New development, including remodeling of existing buildings will generate short-term (construction) and long-term (operation) noise levels !bat could impact noise sensitive land uses adjacent to or in close proximity to the project. The short-term noise impacts that typically occur during construction include noise associated with the operation of mechanical and electrical construction equipment, traffic noise with the delivery of materials to construction sites, traffic noise from workers commuting to the site, operation of grading equipment, backhoes, compactors, generators, motor vehicles and air compressors. Although !bese types of construction noise impacts will be short-term, they could impact noise sensitive land uses adjacent to or in the immediate vicinity of the site. Even if noise sensitive land uses are not located adjacent to or in close proximity to the site, construction activities will increase the ambient background noise levels, which could have short-term noise impacts to noise sensitive land uses. Long-term operational noise impacts typically include the operation of vehicular traffic by employees driving to and from work, customers driving to and from a business, the operation of mechanical equipment to heat and cool buildings, and in !be case of industrial facilities the operation of machinery, and forklifts. The development and redevelopment of private projects could increase exterior noise levels !bat exceed City adopted noise threshold criteria, including 65 CNEL in residential areas and outdoor recreational areas, interior noise levels greater than 45 dB CNEL for single and multi-family noise levels, violate the City's Noise Ordinance, or create a substantial permanent or temporary increase in the ambient noise levels in the project vicinity. Noise impacts with individual projects could be associated with increased traffic, operations of a specific use, or both. Because development plans for future public improvement and private development projects are not available, it is speculative at this time to evaluate specific noise impacts that may be associated with future projects. The City will evaluate all projects for potential noise impacts at the time plans are submitted for approval and impose mitigation measures as necessary to reduce noise impacts to a level of insignificance as provided by the City's noise ordinance in compliance with CEQA. Most proj ects will result in some noise level increases during construction and throughout the life of the project. All projects must comply with !be City noise ordinance to reduce noise impacts during both project construction and the life of the project to a level of insignificance. Although projects must comply wi!b !be noise ordinance for operation activities, increased development throughout the life of the Amendments could result in an increase in the ambient noise level and exceed the 65 CNEL noise level adopted by the City. Level of Significance Before Mitigation The development of both public and private projects could increase noise levels in the project vicinity that exceed adopted noise levels. The development of future projects could increase both short-term (construction) and long-term (operational) noise levels beyond City standards. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 100 The increased noise levels could impact noise sensitive land uses in the vicinity of the project. Potential noise impacts could include both interior and exterior noise levels impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits. Because specific development plans of future public and private projects are not available at this time it is speculative to determine project specific noise impacts, including short or long-term impacts. The City or Agency, as appropriate, will review all future projects for potential noise impacts at the time plans are submitted for approval. When applicable, noise studies will be required to determine whether or not a project will have noise impacts as determined by the City's Noise Control Ordinance. Mitigation measures to reduce noise impacts would be imposed on projects when applicable to meet the noise ordinance and reduce noise impacts to a level of insignificance to comply with CEQA. Based on the threshold criteria the Amendments could have significant noise impacts due to the development of public and private projects in the Project Areas. 4.6.3 Mitigation Measures Upon evaluation of specific redevelopment projects by the City or the Agency, as appropriate, if potential significant noise impacts are anticipated the following measure shall be implemented where appropriate: I. The City or Agency, as appropriate, shall review all projects for compliance with the Noise Control Ordinance and the City's CEQA significance threshold. Ifit is determined that a proj ect could have significant noise impacts, an acoustical analysis shall be required. Measures to reduce noise levels in compliance with the noise standards and recommendations of the acoustical analysis shall be incorporated into the project. Prior to issuance of certificates of occupancy, the required mitigation measures specified in the approved noise analysis shall be implemented and/or constructed to the satisfaction of the City of Chula Vista. 2. Development activity shall comply with the applicable City of Chula Vista nuisance ordinance, which limits construction activity to the weekday hours of 7 A.M. to 7 P.M. Items a) through d) below shall also be shown on the face of final grading plans and/or incorporated into contractor specifications as necessary prior to award of construction contracts, to the satisfaction of the City of Chula Vista. a) When siting stationary equipment such as generators and compressors, sensitive receptors shall be sheltered from construction noise. This can be accomplished using existing barriers such as ground elevation change and buildings, or temporary barriers such as plywood walls or noise blankets. b) Several loud operations should occur simultaneously to decrease the duration of impacts resulting from each of the actions completed separately. c) When pile driving, alternative and less intrusive construction methods such as vibration or hydraulic insertion should be used (as available) to lower noise levels. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 101 d) Each internal combustion engine used for project construction shall be equipped with a muffler as required by Caltrans Standard Specifications 7-1.011, January 1988. e) During grading and construction, random periodic field inspections shall be conducted by the City or designated monitor to verify implementation of applicable noise requirements. 4.6.4 Significance After Mitigation There will be no significant noise impacts associated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 102 4.7 AIR QUALITY 4.7.1 Existing Conditions Air quality is based on levels of contaminants, such as ozone, carbon monoxide, nitrogen dioxide and particulate matter, in the air. Air quality is also largely dependent on the climatic conditions (e.g., rainfall, wind speeds, temperature inversions). Air quality issues are rooted with the health problems that arise from exposure to air pollution. As a public health issue, the preservation of good air quality has gained importance in all levels of planning, Climate Air quality can be affected by the climate of an area. The climate of Chula Vista, as with all of Southem California, is largely controlled by the strength and position of the semi-permanent high- pressure center over the Pacific Ocean. The high-pressure ridge over the West Coast results in the typical early morning cloudiness, hazy afternoon sunshine, clean daytime onshore breezes and steady temperature characteristic of Southern California. Limited rainfall occurs in winter, and summers are often completely dry. The average annual rainfall at Lower Otay Reservoir, the nearest climate station is 10.3 inches and occurs each year from November to early April. The same atmospheric conditions that create a desirable living climate contribute to limiting the dispersal of air pollution generated by the population. The onshore winds across the coastline diminish quickly when they reach the foothill communities east of San Diego, and the sinking air within the offshore high pressure system forms a strong temperature inversion that traps all air pollutants near the ground, The resulting horizontal and vertical stagnation, in conjunction with ample sunlight, cause a number of reactive pollutants to undergo photochemical reactions and form smog Occasionally high smog levels in coastal communities may occur when polluted air from the South Coast (Los Angeles) Air Basin drifts seaward and southward at night, and then blows onshore the next day. Such weather patterns are particularly frustrating because no matter what San Diego County does to achieve clean air, such interbasin transport will cause occasionally unhealthy air over much of the County despite its best air pollution control efforts, Meteorological Local meteorological conditions in the project vicinity have not been routinely monitored, but they likely conform to the regional pattern of strong onshore winds by day, especially in summer, and weak offshore winds at night, especially in winter. These local wind patterns are driven by the temperature difference between the normally cool ocean and the warm interior and steered by any local topography. In summer, moderate breezes of eight to 12 miles per hour (mph) blow onshore and up-valley from the southwest by day, and may continue all night as a light onshore breeze when the land remains warmer than the ocean, In winter, the onshore flow is weaker and reverses to blow from the northeast in the evening, as the land becomes cooler than the ocean. Both the onshore flow of marine air and the nocturnal drainage winds are accompanied by two characteristic temperature inversion conditions that further control the rate of air pollution dispersal throughout the air basin. A deep layer of warm caps the cool daytime onshore flow, sinking air. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 103 Along the coastline, the marine air layer beneath the inversion cap is deep enough to accommodate any locally generated emissions. However, as the layer moves inland, pollution sources (especially automobiles) add pollutants from below without any dilution from above through the inversion interface. When this progressively polluted layer approaches foothill communities east of coastal developments, it becomes shallower and exposes residents in those areas to the concentrated reacted by-products of coastal area sources. A second inversion type occurs when slow drainage or stagnation of cool air at night creates localized cold "pools" while the air above the surface remains warm. Such radiation inversions occur throughout the San Diego area but are strongest within low, channelized river valleys. They may trap vehicular exhaust pollutants such as carbon monoxide (CO) near their source until these inversions are destroyed by surface warming the next morning. Any such CO "hot spots" are highly localized in space and time (if they occur at all), but occasionally stagnant dispersion conditions are certainly an important air quality concern in combination with continued intensive development of the Chula Vista area, The intensity of development near the project site is extremely low such that non-local background pollution levels during nocturnal stagnation periods are also low. The local air shed, therefore, has considerable excess disperse capacity that limits the potential for any localized air pollution "hot spots" from project implementation. Air Quality Air pollutants that pose public health risks include ozone, carbon monoxide, nitrogen oxides, and particulate matter. Ozone (0)) is a nearly colorless gas that irritates the lungs and damages materials and vegetation. It is formed by photochemical reaction (when nitrogen dioxide is broken down by sunlight). Carbon monoxide (CO) is a colorless, odorless toxic gas that interferes with the transfer of oxygen to the brain and is produced by the incomplete combustion of carbon-containing fuels emitted as vehicle exhaust. Nitrogen dioxide (NOz) is a yellowish-brown gas, which at high levels can cause breathing difficulties. NOz is formed when nitric oxide (pollutant from burning processes) combines with oxygen. PMIO is particulate matter, which are less than 10 microns in diameter. It causes a greater health risk than larger sized particles, since these fine particles can more easily penetrate the defenses of the human respiratory system and cause irritation by themselves and in combination with gases. The concem for even smaller particles (PMz.s) to cause respiratory problems has also been raised. These pollutants come from a variety of stationary and mobile sources such as vehicle exhaust, power generation, natural gas generation and the operation of certain equipment in construction and industry. Exhaust emissions from vehicles vary according to speed, type of engine (gasoline or diesel), the length of use, and the power available. Emissions from stationary sources occur at off- site power plants and are estimated by the amount of natural gas and electric power consumed, Construction and industrial equipment generate pollutant emissions that are highly variable according to the type and technology of a specific equipment. Ambient Air Ouality Standards (AAOS) In order to gauge the significance of the air quality impacts associated with future development in the Added Territory, those impacts, together with existing background air quality levels, must be Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 104 T compared to the applicable ambient air quality standards. These standards are the levels of air quality considered safe, with an adequate margin of safety, to protect the public health and welfare. They are designed to protect those people whose current health condition makes them most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other diseases or ilIness and persons engaged in strenuous work or exercise, called "sensitive receptors." National Ambient Air Quality Standards (AAQS) were established in 1971 for six pollution species. Because California had established state AAQS before the federal action and because of unique air quality problems introduced by the restrictive dispersion meteorology, there is considerable difference between state and national clean air standards. Those standards currently in effect in California are shown in Table 5, Ambient Air Quality Standards, Table 5 Ambient Air Quality Standards Pollutant Averaging California Standards Federal Standards Time Concentration Method PrimarY SecondaTV Method Ozone (03) I Hour 009 ppm (180 pglm) Ultraviolet 012 ppm (235 Same as Ethylene Photometry pglm') Primary Chemiluminescence Standard 8 Hour 008 ,;~; (157 ni m') Respirable Annual 30 pglm Particulate Geometric Size Selective - Inertial Matter Mean Inlet Sampler Separation and (PM,,) 24 Hour 50 pglm ARP Method 150 pglm' Sarneas Gravimetic P (8/22/85) Primary Analysis Standard 50 pglm Annual Arithmetic Mean Fine 24 Hour 6511p"/m Same as Inertial Particulate Annual No Separate State Standard 15 pglm Primary Separation and Matter Arithmetic Standard Gravimetic (PM~) Mean Analysis Carbon 8 Hour 9.0 ppm (10 pglm') ~./mr;m (10 Monoxide Non-dispersive Non-dispersive Infrared (CO) 1 Hour 20 ppm (23 pglm') Infrared ~~m~pm (40 Photometry Photometry None (NDlR) 8 Hour 6 ppm (7 pglm ) (NDlR) (Lake Tahoe) - Nitrogen 8 Hour - I ~~~ ppm (100 Dioxide (Lake Tahoe) Gas Phase m') Same as Gas Phase (NO,) Annual 0.25 ppm (470 pg/m') Chemiluminescence Primary Chemiluminescence Arithmetic - Standard Mean Lead 30 days 1.5 pglm' AIHL Method 54 - - High Volume averaQ:e (12/74) Sampler and Calendar - Atomic Absorption 1.5 pglm' Same as Atomic Absorption Quarter Primary Standard Sulfur Annual 0030 ppm (80 Dioxide Arithmetic - pglm') - (SO,) Mean 24 Hour 0.04 ppm (105 pglm ) I ~~/; ppm (365 Parosoaniline Fluorescence m')' - Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 105 Pollutant Averaging California Standards Federal Standards Time Concentration Method PrimarY Secondary Method 3 Hour 0.5 ppm (1300 'u'gfrn') 1 Hour 0.25 oorn 1655 ugfrn') Visibility 8 Hour In sufficient amount to produce an extinction Reducing (lOamto coefficient of 0.23 per kilometer. visibility of ten Particles 6pm. PST) miles or more (007-30 miles or more for Lake Tahoe) due to particles when the relative humidity is No Federal Standards less than 70 percent Method; ARB Method V 8/18/89). Sulfates 24 Hour 25 ugl;;;' Turbidimetric Barium Sulfate-AWL Method 61 (2/76) Hydrogen I Hour 003 pprn (42 Cadmium Sulfide uglrn') Hydroxide Stractan The table above includes the most recently (1997) adopted federal standards for chronic (eight-hour) ozone exposure or for ultra-small diameter particulate matter of 2.5 microns or less in diameter (PM2.5). Implementation of these standards had been put on hold through an order issued by the U.S. Circuit Court of Appeals. That stay was appealed to the U.S. Supreme Court. In a unanimous decision, the Supreme Court ruled in February 2001, that the Environmental Protection Agency (EP A) did indeed have the proper authority to adopt national clean air standards, and that a cost/benefit analysis need not accompany such new rules, However, the Court ruled that attainment schedules for new standards were inconsistent, and that new schedules must be prepared. Data collection is therefore continuing, but no enforcement or attainment actions are currently ongoing for these standards until the attainment schedule coordination issue is resolved. Baseline Air Oualitv The nearest air quality measurements to the project site are made in downtown Chula Vista by the San Diego County Air Pollution Control District (APCD), the agency responsible for air quality planning, monitoring and enforcement in the San Diego Air Basin (SDAB), Table 6, Chula Vista Air Quality Monitoring Summary, summarizes the last seven years of published monitoring data from the Chula Vista (80 East J Street) station. As shown by Table 6, progress towards cleaner air is seen in almost every pollution category. The only federal clean air standard that was exceeded throughout the seven-year monitoring period was the hourly ozone standard. This standard was exceeded once in 1995. The more stringent State standards for ozone and for PMIO were exceeded on a somewhat higher frequency; but overall air quality in Chula Vista, as representative ofthe project area, is nevertheless very good in comparison to other areas of the SDAB. There are no clear-cut trends in the Chula Vista baseline air quality data. Improvement of the few standards routinely exceeded is relatively slow, In the last four years, Chula Vista recorded the following air pollution records in its monitoring history: . Fewest violations of the California hourly ozone standard (2000); . Fewest violations offederal ozone standard (1996 through 2000); . Lowest annual I-hour ozone maximum (2000); Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 106 · Lowest annual I-hour CO maximum (1998 and 1999); · Lowest annual 8-hour CO maximum (1998); · Lowest annual I-hour N02 maximum (2000); and · Fewest violations ofPM-10 standard (1998). Table 6 Chula Vista Air Quality Monitoring Summary PollutantlStandard I Number of Davs Standards Were Exceeded and Maximum Levels During Such Violations I 1994 I 1995 I 1996 I t997 I 1998 I 1999 I 2000 Ozone: I-Hour> 0.09 onm 4 7 I 10 2 4 0 I-Hour>O.12oom 0 I 0 0 0 0 0 8-Hour> 0.08 nom 0 I 0 3 0 0 0 Max. I-Hour Cone. (oom) 0.10 0.14 0.10 0.12 0.10 0.10 0.10 Carbon Monoxide: I-Hour>20. Porn 0 0 0 0 0 0 0 8-Hour> 9. Porn 0 0 0 0 0 0 0 Max. I-Hour Cone. (oom) 7 5 6 5 4 5 6 Max. 8-Hour Cone. (Dom) 3.8 4.0 3.2 3.6 2.7 3.0 3.1 Nitrorren Dioxide: I-Hour> 0.25 oom I 0 I 0 I 0 I 0 I 0 I 0 I 0 Max. I-Hour Cone. (oom) I 0.10 I 0.10 I 0.08 I 0.11 I 0.10 I 0.10 I 0.07 IDhalable Particulates: (PM1Cl 24.Hour> 50 ulY'm) 2/6 5159 2/60 2/60 0159 2/49 1154 24-Hour> 150 ulZlm3 0/60 0159 0/60 0/60 0159 0149 0154 Max. 24-HourConc~ 61 100 62 58 39 59 52 Ultrafine Particulates: M1.5 24-Hour> 65 uI!:Jrn1 --- I u._ I - I -- - I 01108 I 0/101 Max. Daily Cone. (u2lm1) - I - T - - I I - - I 47 -r 40 Note; Standards for sulfur dioxide, particulate sulfate and particulate lead have been met with a wide margin of safety in 1994-2000 and are therefore not shown. --= PM-2.5 measurements begun in 1999. Source: California Air Resources Board, Summary of Air Quality Data, 1994M2000. Chula Vista APCD Monitoring Station. Extrapolation of the pollution trend line suggests that limited violations of standards could occur into the future, but with decreasing frequency. Since observed San Diego County ozone air quality sometimes derives from the southward drift of pollution from the South Coast Air Basin (which is forecast to continue to exceed ozone standards to the year 201O), some ozone standard violations will likely occur in the County within this decade despite County-wide pollution control efforts. A further improvement in ambient air quality from County-generated emissions reductions will thus occur within the next decade, but complete attainment of all standards may not happen until closer to 2010. Federal attainment criteria allow for one violation of national clean air standards per year averaged over three years. Inspection of Table 6, ChuZa Vista Air Quality Monitoring Summary, shows that the federal ozone standard of 0,12 ppm for one hour was exceeded only once in seven years. Although not recognized as such in basin-wide attainment classification, the Chula Vista area technically is an attainment sub-area within the larger San Diego Air Basin non-attainment area. Except in foothill communities most affected by air stagnation at the base of the summer inversion, attainment of the federal ozone standard is close at hand throughout the air basin, The federal ozone standard was met throughout the entire air basin for the first time in basin wide monitoring history in 1999, and was met again in 2000. Preliminary data for 2001 again shows basin-wide attainment Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 107 of the one-hour ozone standard. Redesignation of the basin as an "attainment" air shed for the federal one-hour ozone standard is anticipated within the next few years if the clean air trend persists. Some air quality concern has been raised about pollutant transport from Mexico with its considerably less stringent pollution control laws. An air quality station was established on Otay Mesa in part to monitor this phenomenon. Some slight differences in ozone distribution on Otay Mesa are seen compared to Chula Vista. However, these differences do not indicate any substantial cross-border pollution transport. Sources of Pollution Nitrogen oxides (NOx) and reactive organic gases (ROG) are the two precursors to photochemical smog formation. Table 7, San Diego Air Basin Emissions Inventory, shows that in San Diego County, 63 percent of the of ROG emitted comes from mobile sources (i.e., cars, ships, planes, heavy equipment, etc.). For NOx emissions, 91 percent comes from mobile sources. Computer modeling of smog formation has shown that all existing programs to reduce NOx and ROG would allow the San Diego Air Basin to meet the federal ozone standard by 1999 on days when there is no substantial transport of pollution from the South Coast Air Basin or other air shed. As noted above, there was not a single violation of the federal ozone standard anywhere within the entire SDAB from 1999 to 2001. Table 7 also shows that emission levels are forecast to decline further for those pollutants where standards are currently met. However, particulate levels are forecast to increase, and the basin is a non-attainment air shed for the State PMIO standard. Accelerated PMIO control must be implemented in order to meet the State PMIO standard in the future, Table 7 San Diego Air Basin Emissions Inventory Year 2000 Inventory: (tons/dav) NOx ROG CO PM" Stationary Sources 17 47 40 9 Area Sources 3 43 67 101 On-Road Mobile 106 114 1135 4 Gasoline Diesel 40 3 II I Other Mobile 68 33 276 7 TOTAL 234 239 1529 121' 2005 Forecast 186 201 1109 134 2010 Forecast 152 188 895 143 Notes: . federal one-hour standard is met at this emission level. all federal and State standards are met at this emission level. State PM-I 0 standard is exceeded at this emission level. Source: California ARB, 2000: The 2001 California Almanac of Emissions & Air Quality. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 108 . Air Quality Management Planning The historic (until 1999) violations of national Ambient Air Quality Standards (AAQS) in the SDAB, particularly those for ozone in inland foothill areas, required that a plan be developed outlining the pollution controls that were to be undertaken to improve air quality, In San Diego County, this attainment planning process is embodied in a regional air quality management plan developed jointly by the Air Pollution Control District (APCD) and SANDAG. Several plans had been adopted in the late 1970s and early 1980s under the title Regional Air Quality Strategies (RAQS). More recent planning efforts have been modifications, improvements and updates of the earlier RAQS efforts. The California Clean Air Act (AB-2595) required that a state clean air plan be developed to address meeting state standards as well as the often less stringent federal criteria. As a result, a basin plan was developed and adopted in 1991 that predicted attainment of all national standards by the end of 1997 from pollution sources within the air basin. However, little could be done about the problem of interbasin transport. Violations of State ozone and PM-l 0 standards were anticipated to occur for much ofthe current decade, A plan to meet the federal standard for ozone was developed in 1994 through an update of the 1991 State Plan. This local plan was combined with those from all other California non-attainment areas with serious (or worse) ozone problems to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) in 1994, and forwarded to the U.S. EPA for their approval. After considerable analysis and debate, particularly regarding air sheds with the worst smog problems, EP A finally approved the SIP in mid-1996. In the current SIP, all progress towards attainment, including offsetting the effects of growth, is expected to derive from existing local, state and federal rules and regulations. Controversial rules previously evaluated and judged by some people as overly intrusive into personal lifestyles (mandatory trip reduction programs or minimum average vehicle occupancy goals) are not needed to predict attainment. Any violations of federal ozone standards in the year 2000 or beyond are forecast to occur only on days when transport from the Los Angeles Basin creates substantially elevated baseline levels upon which any local basin impacts would be superimposed. In general, single-family residential developments are not of themselves emitters of air pollutants. They generate air pollution almost exclusively through commuting, shopping or other personal travel. Traffic-generating sources are called "indirect sources." Project consistency with any regional air quality planning is determined in terms of whether overall growth has been correctly anticipated in a given sub-region. If a given project represents an increment of growth predicted by SANDAG in its growth forecasts, and if any applicable emissions control measures applicable on a project-specific basis are implemented, then the regional air quality impact of project implementation is less than significant. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 109 4.7.2 Project Impacts The State CEQA guidelines defines a potentially significant air quality impact as one that would: . Conflict with or obstruct implementation of the applicable air quality plan; · Violate any air quality standard or contribute substantially to an existing or projected air quality violation; · Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard; · Expose sensitive receptors to substantial pollutant concentrations; or, · Create objectionable odors affecting a substantial number of people. For projects that create primarily automobile traffic, whose emissions require complex photochemical reactions to reach their most harmful stage, there is no way to measure the impact to establish a "measurable contribution." Various air pollution control/management agencies have developed guidelines using total project emissions as a surrogate for determining regional impact potential. The City of Chula Vista has no such threshold levels, but relies on guidance from other agencies. Candidate significance threshold levels for the operations of private and public projects that will be constructed in the future are included in Table 8, Threshold Levels for Project Operations. Table 8 Threshold Levels for Project Operations Ageney Significant Emissions (Ib/day) CO ROC NOx SOx PMIO SDAPCD Rule 20.2 (a) 550 --- 250 250 100 City of San Diego (b) 550 100 --- -- --- South CoastAQMD (c) 550 55 55 150 150 Notes: (a) requires ambient air quality analysIs (b) Significance Detennination Guidelines (1991) (c) SCAQMD CEQA Air Quality Handbook (1993) . in areas of congested traffic .. in areas of free-flow traffic Because of the temporary nature of construction emissions, criteria is used for construction activities, as follows: a less stringent set of significance Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 110 . ROC - 2.5 tons/quarter · PMIO - 6.75 tons/quarter . NOx - 2,5 tons/quarter . CO - 24.75 tons/quarter . SOx - 6.75 tons/quarter Sources ofImpact Future development would impact air quality mostly from motor vehicular traffic. Mobile source impacts occur on both a regional scale and a local scale. Regionally, site-related travel would add to regional trip generation and increase the vehicle miles traveled (VMT) within the local air shed. Locally, project traffic, would be added to the Chula Vista roadway system near a proj ect site, If such traffic occurs during periods of poor atmospheric ventilation that are comprised of a large number of vehicles "cold-started" and operating at pollution inefficient speeds, and is driving on roadways already crowded with non-project traffic, there is a potential for the formation of micro scale air pollution "hot spots" in the area immediately around points of congested traffic. With continued improvement in vehicular emissions at a rate faster than the rate of vehicle growth and/or congestion, air pollution "hot spot" potential is steadily decreasing. Standards for carbon monoxide (CO), the most typical indicator of any "hot spot" potential, have not been exceeded at any air basin monitoring station since 1990. Secondary project-related atmospheric impacts derive from a number of other small, growth- connected emissions sources such as temporary emissions of dusts and fumes during project construction, increased fossil-fuel combustion in power plants from project electricity requirements, evaporative emissions at gas stations or from paints, thinners or solvents used in construction and maintenance, increased air travel from area visitors, dust from tire wear and re-suspended roadway dust, etc. All these emission points are either temporary, or they are so small in comparison to project-related automotive sources such that their impact is less important. However, growth is associated with increased air pollution emissions from a wide variety of sources, which further inhibits the near-term attainment of all clean air standards in the San Diego Air Basin (SDAB). Construction Impacts New development and redevelopment of existing uses will generate dust. Dust lofting rates from construction activities average approximately 1,2 tons of dust per month per acre disturbed, This rate is for total suspended particulate (TSP), which contains a limited fraction of particulate matter (PMIO) small enough to enter into human lung tissue. The above factor does not consider the dust control efficiency due to normal construction practice for controlling dust. Dust control through regular watering and other fugitive dust abatement measures required by the San Diego APCD can reduce dust emission levels from 50 to 75 percent. Dust emissions rates, therefore, depend on the site development rate and the care with which dust abatement procedures are implemented. Regardless of the magnitude of PMIO emissions, recent research has shown that adverse health impacts from particulate inhalation derive almost completely from PM2.5. A new national air quality standard for PM2.5 was adopted in 1997, PM2.5 is made from combustion sources or from Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page \II chemical reactions among chemically active gaseous pollutants, Soil disturbance contributes negligibly to PM2.5, and soil disturbance material is normally chemically inert. "Regardless of the total magnitude of fugitive construction dust emissions, a finding of air quality impact insignificance can be supported by the almost total absence ofPM2.5 and the low chemical reactivity ofthe emissions themselves in such dust. In addition to small dust particles that remain suspended in the air semi-indefinitely, construction also generates many large diameter particles that are easily filtered by human breathing passages, but settle out rapidly on parked cars and other nearby horizontal surfaces. These large particle emissions comprise more of a soiling nuisance rather than any potentially unhealthful air quality impact. EP A studies on particulate deposition have shown that the primary zone of impact is less than 50 feet from the source, and secondary soiling impacts occur within several hundred feet. Good control of fine particulates also results in reduction in nuisance potential from larger particulate matter. While dust deposition can be minimized, it often cannot be completely eliminated. Temporary soiling nuisance is thus considered adverse, but it does not constitute a significant air quality impact. Equipment exhaust would also be released during temporary construction activities, particularly from mobile sources during site preparation and from on-site equipment during actual construction. The NOx from diesel-fueled trucks and on-site vehicles can be significant and exceed threshold levels. Such emissions would be widely dispersed in space and time by the mobile nature of much of the equipment itself. Furthermore, daytime ventilation during much ofthe year in Chula Vista is usually more than adequate to disperse any local pollution accumulations near the project site. Any perceptible impacts from construction activity exhaust would be confined to an occasional "whiff' of characteristic diesel exhaust odor, but not in sufficient concentration to expose any nearby receptors to air pollution levels above acceptable standards. Truck exhaust impacts can be minimized by controlling construction routes to reduce interference with non-project traffic pattems and to preclude truck quelling or idling near sensitive receptor sites. Construction equipment exhaust contains carcinogenic compounds within the diesel exhaust particulates. The toxicity of diesel exhaust is evaluated relative to a 24 hour per day, 365 day per year, 70-year lifetime exposure. Public exposure to heavy equipment operating in the distance would be an extremely small fraction of the above dosage assumption. Diesel equipment is also becoming progressively "cleaner" in response to air quality rules on new off-road equipment. Any public health risk associated with project related heavy equipment operations exhaust is therefore unquantifiable, but small. Clearing of the project sites, excavating for utilities, the preparation of building foundations and footings, and construction of any "hardscape" would create temporary emissions of dusts, fumes, equipment exhaust and other air contaminants during construction. In order to reduce air emissions, the City of Chula Vista has developed recommended construction measures for new development projects, which include the following: · Minimize simultaneous operation of multiple construction equipment units (i.e., phase construction to minimize impacts); · Use low pollutant-emitting construction equipment; Chuia Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 112 , . Use electrical construction equipment as practical; . Use catalytic reduction for gasoline-powered equipment; · Use injection timing retard for diesel-powered equipment; · Water the construction area twice daily to minimize fugitive dust; · Stabilize (for example, hydroseed) graded areas as quickly as possible to minimize fugitive dust; . Pave permanent roads as quickly as possible to minimize dust; . Use electricity from power poles instead of temporary generators during building construction; . Implement track-out control as follows: a. Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry; b. Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads; c. Remove any visible track-out into traveled public streets within 30 minutes of occurrence; d, Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred; e. Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads; f. Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow off during hauling; and g. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph Implementation of the above measures applicable to future projects would reduce air pollution from construction activities, including dust generated during clearing, excavation and site preparation. However, dust associated with construction of projects could have a significant impact on air quality, Operational Impacts Similar to construction impacts, the City of Chula Vista has developed operational actlVlty mitigation measures for new projects, An example of some of the measures that the City can incorporate into projects include the following: . Provide bike lanes to encourage use ofbicyc1es; · Provide sidewalks and curbs to ensure safe pedestrian travel within residential areas and to commercial centers; . Require street designs that promote pedestrian safety (i.e., safe islands in center of major arterials, "Walk" signals, night lighting, etc,); · Use solar energy systems, as practical; . Use 10w-NOx residential water heaters; and . Enhance energy efficiency in building designs and landscaping plans. 1. The implementation of these measures as well as other can further reduce air emissions. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 113 Mobile Sources Locally, air quality "hot spots" (especially carbon monoxide, or "CO") could form if traffic from future projects create highly congested intersections, where vehicles sit idling through several traffic light cycles, With cleaner cars and declining background CO levels, major intersections must currently operate almost at Level of Service F before hot spot formation occurs, With continued vehicular emissions reductions from newer cars, future hot spot formation is even less likely than any near-term concerns. The development of future projects could result in potentially significant short-term impacts associated with project demolition and clearing of a site, excavating for utilities, the preparation of foundations and footings, and construction of any "hardscape," which would create temporary emissions of dusts, fumes, equipment exhaust and other air contaminants during the project construction period. After construction, proj ects could result in an incremental contribution to air pollution resulting from the introduction of human activity and motor vehicles. Level of Significance Before Mitigation The adoption and implementation of the Amendments will allow the Agency to fund the construction of both public and private projects. The construction and operation of public and private projects will have both short and long-term air emission impacts and contribute to air quality violations. Development could violate air quality thresholds. The City or Agency, as appropriate, will evaluate all projects for potential air quality impacts at the time plans are submitted for approval. Measures to reduce air emissions will be incorporated when required to reduce both short and long-term air quality impacts for compliance with air emission thresholds enforced by SDAPCD. Based on the threshold criteria, the Amendments could have significant air quality impacts with the construction and operation of public and private projects that generate air emissions and exceed thresholds. It can be argued that new road construction may alleviate traffic congestion in those areas experiencing traffic impacts, however, new roads often invite more traffic from diverse sources and sometimes encourage additional development. Minor or insignificant positive results would occur from the construction of roadways over an indefinite time period. 4.7.3 Mitigation Measures The following mitigation measures are recommended to reduce air emiSSiOns. While the following measures will serve to reduce air emissions typically 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. The following mitigation measures will serve to reduce air emissions: 1. All projects shall be reviewed by the City or Agency, as appropriate, for potential air quality impacts based on threshold criteria adopted by the SDAPCD, The City or Agency, as appropriate, shall incorporate all applicable air emission reduction measures to reduce air emissions to comply with air emission thresholds adopted by the SDAPCD Chul. Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 114 T when it is determined a project would exceed SDAPCD thresholds, In addition, the City or Agency, as appropriate, shall incorporate new short and long-term air emission reduction measures in the future as applicable to further reduce project air emissions. 2, Prior to issuance of a final grading permit for development or redevelopment projects, the following measures shall be included in the grading specifications, to the satisfaction of the City of Chula Vista: a) Water all active grading areas, including the exposed soil involved in the excavation and compaction operations, and active haul roads, with adequate frequency to keep soil moist at all times. b) Cover all trucks hauling dirt, sand, soil or other lose materials, or maintain at least two feet of clearance between top of piled material and truck bed, in accordance with the requirements of the California Vehicle Code, Section 23114. c) Limit truck speeds on unpaved areas to 15 mph or less via temporary signage, speed bumps or other speed control measures. d) Sweep streets adjacent to the construction site at least once a day if visible soil materials are carried onto the streets by project vehicles and equipment. e) Pave or apply water four times daily to all unpaved parking or staging areas, f) Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material. g) Suspend all operations on any unpaved surface if winds exceed 25 mph. h) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed. 3, Random periodic field inspections shall be conducted to verify implementation of applicable construction-related measures identified in Mitigation Measure 1 in accordance with approved plans and permits. If observed conditions and/or grading/construction activities vary significantly from those documented in approved plans and permits, such activities shall be halted temporarily or diverted away from affected area(s) and the City shall be notified immediately to determine the appropriate mitigation, 4. Prior to the issuance of a building permit for any facility containing stationary sources large enough to require APeD permits, future project applications shall provide evidence to the satisfaction of the City of Chula Vista that an "Authority to Construct" has been issued by the APCD for any such applicable equipment. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 115 5, Prior to the issuance of a certificate of occupancy, future project applicants shall provide evidence to the satisfaction of the City of Chula Vista that the facilities and processes which require APCD permits have been reviewed by the APCD, and that all required permits have been issued. 6. Project construction shall implement enhanced dust control measures to maintain a less- than-significant impact associated with air quality during construction. Enhanced dust control measures shall be called out as notes on the project grading plan(s) and shall include the following: 4.7.4 Significance After Mitigation There will not be any significant air quality impacts associated with adoption and implementation of the Amendments with incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 116 T 4.8 PUBLIC SERVICES 4,8.1 Water Service 4.8.1.1 Existing Conditions The Sweetwater Authority provides potable water to the Project Areas. The Sweetwater Authority provides water to the western portion of Chula Vista, as well as National City and the unincorporated community of Bonita.16 The Sweetwater Authority's service area is bounded by 1-805 and the Sweetwater Reservoir to the east, San Diego Bay to the west, the Otay River Valley to the south and SR 54 Bonita Road to the north, The source of the water supply is from surface water runoff and collection at the Sweetwater Reservoir and is augmented by the San Diego County Water Authority aqueduct system as necessary. Daily and seasonal peak flow requirements such as fire flow are offset by operational storage reservoirs located throughout the City. Approximately 10 to 20% of Sweetwater Authority's water supply is from groundwater from the R,A. Reynolds Demineralization Plant in the northern portion of Chula Vista and the National City wells,l7 Water Conservation Plan The subject of water conservation has been given increased attention in recent years due to local and regional water purveyors concerned about meeting the future water demands of their customer, especially in time of drought. Water conservation provides an alternative approach to meeting the water demand for a proposed community by managing water demand so that customers receive adequate service, but use less water, The City of Chula Vista Growth Management Ordinance requires that all major development projects (50 dwelling units or greater) prepare a Water Conservation Plan, 4,8,1.2 Project Impacts In accordance with the State CEQA Guidelines, the threshold criteria for determining whether or not the Amendments could have potential water service impacts is if development: . Cannot be served from existing entitlements and resources and would require the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; or . Disrupts water service or causes water purveyors to provide inadequate levels of service, Substantially degrade or deplete groundwater resources, In accordance with the City's Threshold Standards Policy: . Developer will request and deliver to the City a service availability letter from the Water District for each project. 16 James Smyth, Sweetwater Authority, letter dated December 20, 2002. 17 Ibid. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 117 · The City shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipal Water district with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The Districts' replies should address the following: a) Water availability to the City and Planning Area, considering both short and long term perspectives. b) Amount of current capacity, including storage capacity, now used or committed. c) Ability of affected facilities to absorb forecast growth. d) Evaluation of funding and site availability for projected new facilities. e) Other relevant information the District(s) desire(s) to communicate to the City and GMOC. The Amendments will encourage new development as well as redevelopment. New development will increase the demand for potable water. Redevelopment mayor may not increase the demand for potable water, depending if the use requires more or less water than the previous use. An overall increase in the consumption of water could impact the Sweetwater Authority and its ability to meet long-term commitments to provide potable water. The Amendments will allow the Agency to participate in the construction of needed water distribution facilities at the Agency's discretion, As revenue becomes available, the Agency can assist the Sweetwater Authority to construct water distribution upgrades and improvements. Presently there are older metallic and small diameter water mains in the Sweetwater system scheduled for replacement over the next 20 years. The construction of needed water main improvements such as the replacement of older metallic and small diameter water mains with assistance by the Agency would have positive impacts on the water distribution system. The Agency can also assist in the construction of private projects. New development will require water for drinking, fire suppression and landscape maintenance. The demand for water by new development could impact the ability of Sweetwater Authority to provide an adequate source of water if the water distribution system is not adequate. New development may require upgrades and extensions to the existing distribution system so new development has adequate water service. Because development plans for future private projects are not available at this time it is speculative to determine if new development or redevelopment would require upgrades to the existing distribution system to serve development. If upgrades are necessary to the existing water distribution system, additional environmental analysis may be required by CEQA to evaluate the potential environmental effects of the required improvements. The City or Agency, as appropriate, will provide to the Sweetwater Authority all development plans for their review to determine whether an adequate supply of potable water can be provided to the project prior to its approval. The City or Agency, as appropriate, will require applicants to provide to the City Chula Visla Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 118 information from Sweetwater Authority to assure that an adequate supply of water is available to serve the project. As a condition of project approval a developer may be required to construct any new or upgraded water distribution facilities required to provide adequate water service as determined by the Sweetwater Authority. All development, as applicable, will be required to incorporate all state mandated water conservation measures required by Titles 20 and 24 of the California Administrative Code. These water conservation measures include, but are not limited to, low flush toilets, drought tolerant landscaping, and water conserving fixtures. In addition, development would be required to incorporate, as applicable, all non-mandated water conservation measures for both indoor and outdoor activities to meet the City of Chula Vista Growth Management Ordinance. Some of the non-mandated water conservation measures for residential uses include water efficient dishwashers, water pressure reducing valves, hot water pipe insulation, and hot water on-demand units, The Agency can also participate in the construction of community facilities including, 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, and playgrounds some which may require water for drinking, fire suppression, and landscape maintenance. The additional water demand by the construction of community facilities could impact the ability of the Sweetwater Authority to provide an adequate supply of water. It is speculative to determine the impact, if any of future private and public development on Sweetwater Authority and its ability to provide an adequate supply of potable water because plans are not available at this time, The City, in conjunction with the Sweetwater Authority, will determine whether or not an adequate supply of water can be provided at the time plans are submitted for approval. The Sweetwater Authority may require improvements to the existing water distribution system in order for a project to have an adequate supply of water. In addition, the City will require the incorporation of all state mandated water conservation measures pursuant to Titles 20 and 24 of the California Administrative Code and non-mandated water conservation measures pursuant to the City of Chula Vista Growth Management Ordinance to reduce water consumption, The incorporation of all state mandated and City non-mandated water conservation measures will minimize water consumption. Level of Significance Before Mitigation The Amendments will encourage development that may increase the demand for potable water for drinking, fire suppression, and landscape maintenance and impact existing water facilities, New development and/or redevelopment could require upgrades to the existing distribution system in order for development to have an adequate supply of water. Development projects will be required to incorporate all state mandated and City required water conservation measures as applicable to reduce water consumption. The incorporation of the state mandated and City required water conservation measures will reduce water consumption, Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 119 4,8.1.3 Mitigation Measures The following mitigation measures are recommended: 1, Prior to the approval of utility plans for development or redevelopment projects, all water plans shall be submitted to the Sweetwater Authority for their review to ensure that adequate water service is provided to the development. No permits shall be issued to any development or redevelopment project unless the Sweetwater Authority determines that adequate water exists or that the project has been amended to include all improvements to ensure an adequate water supply to the project. 2. The City shall require the incorporation of all state mandated water conservation measures as well as all applicable water conservation required by the City of Chula Vista Growth Management Ordinance. 4,8.1.4 Significance After Mitigation No significant water supply impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 120 4,8,2 Police Protection 4.8.2.1 Existing Conditions The Chula Vista Police Department (CVPD) provides police protection for the City of Chula Vista, The Police Department is headquartered in the City's Civic Center with five sub-stations located throughout the city. The CVPD participates in the law enforcement mutual aid agreement, which is activated through the San Diego County Sheriff in the event of major critical incidents or natural disasters. A mutual aid agreement is an arrangement between the City and the San Diego Count Sheriff to assist one another in emergency responses and police protection, 4.8.2.2 Project Impacts According to the City of Chula Vista's Quality of Life Threshold Standards, the proposed project would have direct adverse impacts on police protection ifthe proposed Amendments would: . Result in the CVPD's inability to implement the following regulations: 1. Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. 2. Response to 57 percent of "Priority Two Urgent" calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7,5 minutes or less. The Amendments will encourage new development and redevelopment of existing uses. As new development or redevelopment of existing uses occurs, there will be increased demand for police protection services, including calls for service such as theft, burglary, vandalism, motor vehicle violations, etc. An increase in calls for service could impact the response time of CVPD by increasing the time it takes to respond to Priority One and Priority Two Urgent calls. Additional calls for service could reduce the Department's desired percentage average response time. The CVPD does not anticipate that adoption and implementation of the Amendments will directly have a significant effect on police personnel or response times, However, future development in conjunction with development in other parts of the City could cumulatively increase the need for additional police personnel and equipment. Development plans are not available for projects that may be developed in the future. Therefore, it is speculative to determine if projects would significantly impact police services. All development projects are submitted to the City for approval. The plans will also be submitted to the CVPD for review to determine if the design or operation of the project could impact the CVPD, The CVPD will review development plans and suggest design changes or other measures that can be incorporated into the project to improve public safety and reduce service calls. The incorporation ofCVPD's improvements and changes could reduce impacts to CVPD. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 121 The CVPD will also review development plans to determine if additional personnel and/or equipment are needed for an acceptable level of police service. It may be possible that future projects could require additional police protection personnel and/or equipment, which could require a developer to provide the funds necessary to secure the personnel or equipment. Because development plans for individual projects are not available it is speculative to determine the impacts at this time future development could have on the CVPD. Plans will be reviewed by the City and the CVPD at the time they are submitted for approval and identify design changes or measures that can be incorporated into the project to improve police safety and reduce potential service calls, The incorporation of the suggested changes could reduce calls for police protection services and reduce impacts to the CVPD. In addition, the City and the CVPD will review development plans for consistency with adopted emergency response and evacuation plans. If it is determined a project may interfere with an evacuation plan or emergency response plan changes to the project would be required to reduce and minimize the impact. Level of Significance Before Mitigation The Amendments are anticipated to encourage development and increase the need the police protection services. Although measures can be incorporated into future projects to improve police safety, additional development will increase calls for service. Additional service calls could increase the time it takes for police personnel to respond to Priority One and Priority Two Urgent calls and impact CVPD's ability to maintain desired levels of police service. Development plans will be reviewed by the CVPD at the time they are submitted for approval to determine if design changes or safety hardware can be incorporated to reduce calls for service. The incorporation of the CVPD's recommendations could reduce calls for police protection, The CVPD would also review development plans for potential impacts to emergency response and/or evacuation plans and make recommendations accordingly to reduce impacts to emergency response and/or evacuation routes. Future projects may require additional police protection personnel and/or equipment requiring a developer to provide the funds to secure the personnel and/or equipment necessary to assure adequate police protection services are available for the project. Based on the threshold criteria, the Amendments could have significant impacts on police protection services. 4.8.2.3 Mitigation Measures The following mitigation measures are recommended to reduce police protection impacts: 1. Prior to the approval of a project, the developer shall pay impact fees for police protection services to help finance the needed facilities and services. 2. The City shall monitor Police Department responses to emergency calls and report the results to the GMOC on an annual basis. 4.8.2.4 Significance After Mitigation No significant police protection impacts are anticipated with adoption and implementation of the Amendments and incorporation ofthe recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 122 4.8.3 Fire and Emergency Medical Services 4.8.3.1 Existing Conditions The Chula Vista Fire Department (CVFD) provides fire protection services throughout the City. The City has six fire stations that serve the community and the seventh station is currently under construction, While each stations "first-in" response averages approximately 2.5 square miles, all units may respond anywhere within the City's eighteen square mile area. The CVFD maintains a comprehensive Automatic Aid Agreement for fire protection services with the surrounding cities, as well as the County of San Diego, The City is also a signatory to the California Mutual Aid Fire Protection System. This agreement was established to provide assistance for major emergency incidents. All protected jurisdictions have mutually agreed to dedicate their resources, to the extent feasible, to major incidents in the state. The City of Chula Vista Fire Department has been given an ISO rating of Class 2. The water system was also given a Class 2 rating, The ISO uses a scale of 1 (best protection or lowest threat) to 10 (least protection or highest threat). America Medical Response (AMR) provides emergency medical service for the City of Chula Vista. AMR is the nation's largest provider of medical transportation. Patients that require emergency medical treatment are transported to either Sharp Chula Vista Medical Center or Scripps Memorial Hospital. 4.8.3,2 Project Impacts According to the City of Chula Vista's Quality of Life Threshold Standards the Amendments would have an adverse impact on fire and emergency medical services if they would: · Not implement regulations set forth from the following criteria: I. Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven (7) minutes in 80 percent of the cases (measured annually). The Amendments will encourage new development and redevelopment of existing uses. As new development or redevelopment of existing uses occurs, there will an increased demand for fire protection and emergency medical services, The calls would include fire protection services as well as emergency medical attention, An increase in service calls could impact the ability of the CVFD to respond to calls in less than seven minutes in 85 percent of their calls. This could impact the City's Quality of Life Threshold Standards for both fire and emergency medical services. Because development plans are not available at this time it is speculative to determine if projects in the future would impact fire protection or emergency medical services. When plans are submitted to the City for approval the CVFD will review the projects for compliance with the fire code and determine if the project will impact the CVFD. At that time the CVFD will Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 123 recommend changes and the addition of fire protection measures to meet the fire code, and improve fire safety to reduce service calls. The CVFD will also review development plans to determine if additional personnel and/or equipment are needed to provide an acceptable level of fire and emergency medical service. It may be possible that future projects could require additional fire protection personnel and/or equipment, which could require a developer to provide the funds necessary to secure the personnel and/or equipment. The Amendments include public infrastructure projects that could have a positive impact on fire protection services. The construction of street improvements including street widening, streetlights, and traffic signals could reduce travel time for fire and medical emergency personnel responding to emergency calls. The construction of water distribution systems could improve fire flow, which would have a positive impact on the ability of the CVFD to control fires. The construction of these public infrastructure projects could have a positive impact to fire safety by allowing the CVFD to meet the threshold for staffed fire and medical units to respond to calls within seven minutes in 85 percent of the calls, All new development as well as redevelopment of existing buildings would be required to comply with all applicable fire codes. The compliance with the fire code would reduce service calls because of the fire safety measures that are required. The demolition of buildings that may not meet current fire codes to replace them with buildings that meet the fire code would have a positive impact on the fire department with the construction of fire retardant materials, fire sprinklers, and other fire protection measures to suppress fires. The adoption and implementation of the Amendments does not propose changes to existing emergency response or emergency evacuation plans in use by the City. The Amendments would not impact existing emergency response or evacuation plans that would impact the CVFD. Level of Significance Before Mitigation The Amendments are anticipated to encourage new development and redevelopment of existing uses and increase the need for fire protection and emergency medical services. Additional demand for fire protection services could impact the CVFD by reducing the ability of fire and medical units to respond to calls throughout the City within seven minutes in 85 percent of the calls. Development plans will be review for compliance with the fire code and other measures that can be incorporated to improve fire safety and reduce service calls. The CVFD would also review development plans for impacts to emergency response and/or evacuation routes. The Amendments may have positive impacts on the CVFD if the Agency is able to construct needed upgrades to the water distribution system to improve water pressure and flow for fire suppression. The construction of street improvements may also have positive impacts by allowing faster response time to emergency calls. Projects may require additional fire protection personnel and/or equipment requiring a developer to provide the funds necessary to secure the personnel and/or equipment necessary to assure adequate fire protection services are available for the project. Based on the threshold criteria, the Amendments could have significant impacts on fire and emergency medical services, Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 124 4.8.3.3 Mitigation Measures The following mitigation measure is recommended: 1. Prior to approval of plans for individual projects, the City of Chula Vista Fire Department shall review the project plans and building design and include plan modifications, if necessary, to ensure compliance with all applicable fire code requirements and properly equipped and staffed fire and medical units respond to calls throughout the City within seven minutes in 85 percent of the calls. The applicant shall be required to incorporate all recommended changes into the project prior to the issuance of permits, 4.8.3.4 Significance After Mitigation No significant fire protection impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 125 4.8.4 School Facilities 4.8.4.1 Existing Conditions The City ofChula Vista is served by two school districts and one community college. The Chula Vista Elementary School District serves grades K-6 and the Sweetwater Union High School District grades 7-12. Southwestern College is a community college with the main campus in Chula Vista. Most of the public schools (K-12) serving the students in Chula Vista are either at or over-capacity. The school districts have installed portable classrooms at many of the schools to provide adequate classroom space for the existing student enrollment. The school districts collect school impact fees for new development as allowed by state law. The school impact fee is used by the districts to provide classroom space for additional students. Presently, the Sweetwater Union High School District collects $1.51 per square foot for residential development and $0.18 per square foot for commercial/industrial use. The Chula Vista Elementary School District collects $1.49 per square foot for residential use and $0,16 per square foot for commercial/industrial use. Senior housing in the Chula Vista Elementary School District use the commercial/industrial rate. Southwestern Community College does not collect school impact fees. Students pay tuition that is used by the college to pay for classroom space, and teaching facilities. Some of the tuition is used to provide additional classroom space based on the enrollment. Students in Chula Vista are not required to attend Southwestern College. Rather, students are allowed to attend the college of their choice and are not restricted to attend only Southwestern College. The San Diego Office of Education provides a variety of school and educational services to County residents, including residents of Chula Vista. Some of the programs provided by San Diego Office of Education are direct services to students, including children (infants, preschool and students grades K-12), and adults. Other services are provided through public schools, including forty-two school districts and five community college districts in San Diego County. The services provided include staff development for teachers and administrators as well as numerous management support services.18 4.8.4.2 Project Impacts According to Appendix G of the CEQA Guidelines, a project could have a significant adverse impact on the provision of public services and facilities, such as school services, if it would: · Result in a need for new or physically altered governmental facilities, the construction of which may cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. "Pat Zoller, School Facilities Planning Coordinator, letter dated January 6, 2003. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 126 . In accordance with the City's Threshold Policy: . The City shall annually provide the two local school districts with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The growth forecast and school district response letters shall be provided to the GMOC for inclusion in its review. The Amendments will encourage new development as well as redevelopment of existing uses. New development or redevelopment of existing uses could occur with both residential and commercial/industrial projects, The construction of non-senior residential housing could increase the number of students that attend area schools, which could impact the schools depending upon their capacity and ability to handle additional students at that time. Since most of the schools are either near or over capacity, the generation of additional students would have a significant impact on the schools. Payment of the school impact fees would reduce the impact of residential development on the affected schools to a level of insignificance. Senior housing typically does not generate students and would not significantly impact schools. The development of industrial and commercial (non-residential) uses will not directly generate students, however they could indirectly generate students. Students could be indirectly generated if people relocate to Chula Vista to work at commercial or industrial projects. However, the development of new industrial and commercial uses is not anticipated to significantly impact schools because there would not be a significant number of students generated by these types of uses. The school impact fees that are required for commercial and industrial development will be used to mitigate the impact of additional students that may be generated by these uses, The Amendments allow the Agency to assist in the construction of public infrastructure projects. The construction of public improvement projects will not directly result in any impacts to the school districts because they would not directly generate students. Indirectly, the construction of public infrastructure projects such as water distribution facilities, sewer collection lines, street improvements, or storm drain facilities that have restricted growth in the past could encourage new development, including residential projects that could generate students. Although the construction of public infrastructure projects may encourage development sooner than if the improvements were not constructed, all development must be consistent with the general plan, which would not generate more students than evaluated by the Chula Vista General Plan EIR, All development would have to pay the applicable school impact fee, which would be used to off-set the impact of students by providing funds to provide classrooms for additional students. An increase in the general population could impact San Diego Office of Education programs such as the Regional Occupation Program, Hope Infant Handicapped Program, Migrant Education Program, Outdoor Education Program, Teacher Training and Development/ Administration and Development, and COE Administration, The potential impact of the Amendments on San Diego Office of Education programs would depend upon a number of factors including the population increase in Chula Vista due to new development and the number of people of that population increase that needs the programs, the ability of the San Diego Office of Education programs to accommodate additional people. Because no specific development ChuIa Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 127 projects are proposed at this time it is speculative to determine whether or not the Amendments would impact San Diego Office of Education programs, The Amendments do not propose any land use changes to the General Plan beyond that previously analyzed in the General Plan EIR. The Amendments would not increase any impacts that presently exist for San Diego Office of Education programs. However, the adoption and implementation of the Amendments could encourage development to occur sooner, which could indirectly impact COE by requiring the need for programs much earlier than planned. Level of Significance Before Mitigation Based on the threshold criteria the Amendments could have a significant impact on public schools due to future development that is expected to occur. Future projects will be reviewed at the time plans are submitted for approval to determine the impact, if any, a project would have on school facilities. The payment of developer impact fees as allowed by state law would mitigate the impact to student capacity of the schools affected. 4.8.4.3 Mitigation Measures The following mitigation measure is recommended: 1. Prior to the issuance of building permits, the project applicant shall pay school impact fees or participate in an alternative financing mechanism to help finance the needed facilities and services for the Chula Vista Elementary and the Sweetwater Union High School Districts to the satisfaction of the School Districts. 4.8.4.4 Significance After Mitigation There will be no significant school impacts with adoption and implementation of the Amendments and incorporation ofthe recommended mitigation measure, Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 128 . 4.8.5 Sewer Services 4.8.5.1 Existing Conditions San Diego Metro Sewer System The Chula Vista Sanitary District owns and operates the local sewer lines that collects and transports city-generated wastewater to the City of San Diego Metro Sewer System (Metro). The wastewater collection system in Chula Vista consists of approximately 400 miles of sewer lines, consisting of pipes varying in size from 6 to 48 inches, In addition, the system also has 12 pump stations and 12 metered connections located at point where the City's local system either connects to the City of San Diego Metro Interceptor or the County of San Diego Spring Valley Outfall. Wastewater generated in Chula Vista is treated at the Point Lorna wastewater treatment plant. The City of Chula Vista prepared a Wastewater Master Plan in 1989 (by Engineering Science), which evaluated the adequacy of its existing facilities, The City has retained the services of a consultant (PBS&J) to update the Master Plan. Based on the 1989 Wastewater Master Plan, projected ultimate average daily flows will be 25.20 million gallons per day (mgd). . Currently the City generates approximately 16.351 mgd and has capacity rights within the METRO system of 20.875 mgd, Although the City has approximately 7,1 mgd of capacity, additional wastewater capacity will be necessary to accommodate ultimate build out flow of29.6 mgd, 4.8.5.2 Project Impacts According to Appendix G of the CEQA Guidelines, a project could have a significant adverse impact on sewer services ifit would: · Exceed wastewater treatment requirements of the San Diego Regional Water Control Board; · Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; · Require sewer service where additional sewage treatment capacity is not presently available; or · Result in the deterioration of the quality of service provided to the area, Additionally, the City's Threshold Standards Policy require the following: 1. Sewage flows and volumes shall not exceed City Engineering Standards as set fourth in the Subdivision Manual adopted by City Council Resolution Number 11175 on February 12,1983, as maybe amended from time to time. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 129 2. The City shall annually provide the San Diego Metropolitan Sewer Authority with a 12 to 18 month development forecast and request confirmation that the projection is within the City's purchases capacity rights and an evaluation of their ability to accommodate the forecast and continuing growth, or the City Engineering Department staff shall gather the necessary data, The Amendments will encourage new development and redevelopment of existing uses, increasing sewage flows. The increased sewage flows could impact existing sewage collection facilities if they do not have to capacity to handle the increased flow. One of the objectives of the Chula Vista General Plan is to "Assure that new development meets or exceeds a standard of high quality in wastewater facility planning and design that existing downstream facilities are not adversely impacted by the addition of new development upstream".19 All development will be required to have adequate wastewater collection and treatment plant capacity prior to project approval. Development plans for both private and public projects are not available at this time to determine if adequate wastewater collection and treatment facilities are available or if improvements would be necessary. New development or redevelopment could significantly impact existing facilities and require the construction of new facilities or upgrades to existing facilities to provide adequate sewage treatment. The City or Agency, as appropriate, will determine if adequate sewage collection and treatment facilities are available at the time plans are submitted for approval and to make sure sewage flows do not exceed City Engineering Standards. If adequate facilities are not available, the developer may have to provide the necessary facilities to serve his project. The Amendments will allow the Agency to assist in the construction of infrastructure improvements, including sewer lines and wastewater treatment facilities. The construction of needed facilities will have a positive impact by improving wastewater service for existing and future development. It is possible the construction of new sewage facilities could have construction impacts, depending upon the location and size of the facilities. It is speculative at this time to evaluate the potential environmental impacts that may occur with the construction of sewer facilities since plans are not available at this time, Some of the short-term construction impacts that could be anticipated include soil erosion, traffic congestion and delays for those projects that are constructed in existing streets, and noise due to the operation of construction equipment. The City would determine if additional environmental analysis would be required for compliance with CEQA at the time sewage improvement plans are submitted for approval. If required to comply with CEQA, the City would prepare additional environmental analysis to the environmental impacts with the construction of new sewer improvements and recommend measures accordingly to reduce significant impacts. Level of Significance Before Mitigation The Amendments could impact the existing sewage collection and treatment systems if new development increases sewage flows that cannot be handled by existing facilities. All development plans will be reviewed by the City to make sure sewage flows do not exceed City Engineering Standards and determine if existing facilities are adequate or improvements would be required. The construction of new sewage facilities could have construction impacts, which 19 City ofChula Vista General Plan, September 1995, Objective 8, page 3~4. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 130 T would have to be determined at the time improvement plans are submitted to the City for approval. The City would conduct environmental analysis at that time to comply with CEQA if it suspected that environmental impacts could occur. If private development proj ects require upgrades to existing facilities to serve new development the project developer may have to pay the cost to upgrade the facilities in conjunction with project construction, The Amendments may have positive impacts on wastewater collection facilities if the Agency is able to construct needed upgrades to the local wastewater collection facilities and improve sewer collection service, 4.8.5.3 Mitigation Measures The following mitigation measure is recommended to ensure that adequate sewage collection facilities are available to serve new development that may occur indirectly with adoption of the Amendments, 1. All private development projects shall be reviewed by both the City of Chula Vista and Engineering Departments at the time the project is submitted for approval to make sure that adequate sewer collection facilities are available to serve the project. If it is determined the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer, or his designee, and assure that adequate sewer collection facilities are available prior to the issuance of occupancy permits. 4.8.5.4 Significance After Mitigation There will be no significant sewage impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 131 4,8.6 Library 4,8.5.1 Existing Conditions The City of Chula Vista operates the Civic Center Branch Library on F Street in Central Chula Vista, and two neighborhood libraries: the South Chula Vista Branch, located at 389 Orange Avenue, and the Eastlake Branch Library, located at 1120 East Lake Parkway. The existing library space meets the City's recommendations for library services. 4.8.6.2 Project Impacts According to the City of Chula Vista's Quality of Life Threshold Standards, the Amendments would have an adverse impact on library services if the Amendments would: · The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by build out. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. The Amendments would encourage new development as well as redevelopment of existing uses. New development mayor may not result in an increase in the population, which mayor may not require additional library space to meet the City's recommended ratio for library facilities. Development in the Project Areas could impact existing library facilities requiring the need to provide additional facilities, All new residential development is required to pay a development fee. A portion of the development fee is used to provide additional library space as required to meet the City's recommended ratio for library facilities. Level of Significance Before Mitigation The Amendments will encourage development that could impact exiting library facilities. New residential development will require the payment of developer fees that will be partially applied towards providing additional library facilities to meet the recommendations of the City of Chula Vista's Quality of Life Threshold Standards of 500 square feet of adequately equipped and staffed library facility per 1,000 population. Payment of the applicable fee by the developer to provide additional library facilities to meet the threshold criteria will mitigate the impact to library facilities, 4.8.6.3 Mitigation Measures The following mitigation measure is recommended: 1. All development, as applicable shall pay the impact fee necessary to finance the needed library facilities for compliance with the City ofChula Vista's Quality of Life Threshold Standard for library facilities. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 132 4.8.6.4 Significance After Mitigation There will be no significant library impacts with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 133 4.8.7 Solid Waste Disposal 4.8.7.1 Existing Conditions Solid waste generated in the City of Chula Vista is transported to the Otay Landfill. The landfill was opened in February 1966 and encompasses approximately 516 acres, with 294 acres of total area for disposal purposes. It has a remaining landfill capacity of approximately 25,800 cubic yards. 4.8.7,2 Project Impacts According to Appendix G of the CEQA Guidelines, the Amendments would impact solid waste disposal services ifthe Amendments: · Is served by a landfill with insufficient permitted capacity to accommodate the project's solid waste disposal needs. New development as well as redevelopment of existing uses would generate solid waste that would be transported to the Otay Landfill. The type of solid waste that would be generated includes paper and typical office waste, consumer waste from residences, construction debris associated with demolition and construction of new buildings, and inert materials. Some of the solid waste can be recycled and the remaining materials would be transported to the Otay Landfill. The solid waste generated by development would incrementally reduce the life expectancy of the Otay Landfill. Because plans for future development are not available at this time, it is speculative to estimate the amount of solid waste and its impact on the Otay Landfill. However, there are no activities associated with the Amendments that are suspected of significantly impacting the capacity and life expectancy of the landfill, The land uses allowed by the general plan are uses that typically do not generate a large volume of solid waste that would significantly impact the landfill. The Otay Landfill has adequate capacity to serve development in the Project Areas without any significant capacity impacts. Level of Significance Before Mitigation New development that would occur in the Project Areas would not significantly impact the Otay Landfill. The Otay Landfill has capacity to serve the solid waste that would be generated within the Project Areas without significantly impact the life expectancy and capacity of the landfill. 4.8.7.3 Mitigation Measures Since no significant solid waste impacts have been identified, no mitigation required. measures are Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 134 4.8.7.4 Significance After Mitigation There will be no significant solid waste impacts with adoption and implementation of the Amendments. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 135 4.8.8 Gas and Electricity 4,8.8.1 Existing Conditions Sempra Energy provides natural gas and electricity to the Project Areas. An underground network of transmission and distribution pipelines provides natural gas. Electricity is provided by a combination of overhead and underground electrical lines. 4.8,8.2 Project Impacts According to Appendix G of the CEQA Guidelines, the Amendments could have a significant adverse impact on the environment ifit would: . Use fuel or energy in a wasteful manner; The Amendments could also have a significant adverse impact on power and gas services, if the project: · Cannot be served from existing resources and would require the construction of new facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; · Disrupts existing service or causes utility agencies to provide inadequate levels of service. New development as well as redevelopment of existing uses would consume both natural gas and electricity. Because development plans for future projects are not available, it is speculative to estimate at this time the amount of energy that may be consumed. The Project Areas are developed for the most part. There is an extensive system of underground natural gas pipelines and combination overhead and underground electrical lines that provide natural gas and electricity to development, respectively. It is possible that upgrades and/or extensions to existing utilities may be required to provide natural gas or electricity for specific projects, However, the existing natural gas and electrical infrastructure is generally adequate to serve the type and density of development that is allowed based on the general plan. The City along with Sempra Energy would review future development plans to ensure that adequate natural gas and electrical facilities are available to serve development. If the existing facilities are not adequate the project developer would be required to provide the facilities necessary to serve the project. A lot of the natural gas and electrical facilities in the Project Areas are underground. Future construction in street rights-of-way and other public easements could encounter underground facilities causing interruption of service. If caution is not used during construction near underground and overhead natural gas and electrical facilities, significant impacts to service could occur, The City has an energy conservation program to reduce energy consumption. The incorporation of City recommended energy conservation measures into all future development would incrementally reduce energy consumption. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 136 . Level of Significance Before Mitigation Future development would consume both natural gas and electricity. Although upgrades and/or extensions to existing facilities may be required for specific projects, generally the existing facilities are adequate to serve new development without any significant impacts. 4.8.8.3 Mitigation Measures The following mitigation measure is recommended: 1. The City shall require the construction, installation, or modification of existing facilities which are necessary to provide adequate gas and electricity to the project. 4.8.8.4 Significance After Mitigation There will be no significant natural gas or electricity impacts with adoption and implementation of the Amendments and implementation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 137 4.8.9 Cable and Telephone Service 4.8,8.1 Existing Conditions Pacific Bell and Cox Communications and other independent cable companies provide communication systems for telephone and cable television, respectively. Pacific Bell has telephone service throughout the Project Areas and Cox Communications and other independent cable operators provide cable service. 4.8.9.2 Project Impacts According to Appendix G of the CEQA Guidelines, the Amendments could normally have a significant adverse impact on cable or television services, if the project: . Cannot be served from existing resources and would require the construction of new facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; . Disrupts existing services or causes utility agencies to provide inadequate levels of service. The Amendments will encourage development in the Project Areas. New development as well as redevelopment of existing uses would require telephone and cable service. Because development plans are not available at this time for future projects it is speculative to determine if the existing telephone and cable facilities can adequately serve development without upgrades and/or extension of existing facilities. The City will review plans at the time they are submitted for approval to determine if the existing facilities are capable to serve development, or if improvements would be necessary, Since the Project Areas are developed, the existing telephone and cable facilities would serve most of the development that would occur. It is anticipated at this time that any upgrades or improvements that would be required could be provide without constructing new facilities that could cause significant environmental effects. The uses that are allowed based on the general plan are not anticipated to require telephone or cable services that would disrupt existing services or cause utility agencies to provide an inadequate level of service. Level of Significance Before Mitigation The Amendments are not anticipated to result in any development that would significantly impact the ability of existing communication companies to continue to provide an adequate level of service or require upgrades or improvements that due to construction could cause significant environmental effects. 4.8.9.3 Mitigation Measures Since no significant communication impacts have been identified, no mitigation measures are required. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 138 T 4.8.9.4 Significance After Mitigation There will be no significant communication impacts with the Amendments. ChuIa Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 139 4.9 HAZARDS AND HAZARDOUS MATERIALS 4.9.1 Existing Conditions The Added Territory includes a variety of land uses including vacant land, residential homes, mixed-commercial and light industrial uses. The residential homes and the smaller commercial businesses typically use small quantities of hazardous materials for routine cleaning. Some of the light industrial uses may use hazardous materials in their daily business operations. Some businesses generate, use, treat, store, transport, and dispose of substances that are classified as either 'hazardous wastes' or 'hazardous materials' by the California Department of Health Services (CDHS). As defined in Section 25117 of the California Public Resources Code Division 30, Waste Management, "Hazardous waste means either ofthe following: 1. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either: a. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or b. Pose a substantially present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed; or 2, A waste which meets any of the criteria for the identification of a hazardous waste adopted by the department pursuant to Section 25141." A hazardous material is any material that, because of its quantity, concentration, physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment. The CVFD has a list of all businesses that use hazardous materials as required by the Fire Code. The CVFD regulates the use and storage of hazardous materials and provides emergency response to accidental release of hazardous substances. The Fire Department is a member of the Joint Power Authority that supports hazardous materials response units. Hazardous materials are transported through the City on railways, surface streets, and the freeways. In the event of an accident and a release of hazardous materials, the Chula Vista Fire Department is the first responder to a hazardous waste incident and if assistance is required, a hazardous materials response team from another city is dispatched to the site. There are businesses in the Added Territory that handle and use hazardous materials, Businesses that use hazardous materials are required to obtain a permit from the County of San Diego. The City of Chula Vista Fire Department has information on the businesses in Chula Vista that handle hazardous materials. A smaller number of businesses handle acutely or highly hazardous materials. Because there are businesses in the Project Areas that have hazardous materials there Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 140 T is the likelihood that hazardous materials have been released. Figure 19, Hazardous Materials Site Map, shows the known hazardous materials sites in Chula Vista, Regulatory Compliance - Overview of the Management of Hazardous Substances Federal Agencies: Federal agencies that regulate hazardous substances include the Environmental Protection Agency (EP A), Occupations Safety and Health Administration (OSHA), Nuclear Regulatory Commission (NRC), Department of Transportation (DOT), and the National Institutes of Health (NIH). Hazardous substances handled in the City of Chula Vista, as with all cities, must comply with the following applicable regulations: Federal Water Pollution Control Act Clean Air Act Occupational Safety and Health Act Comprehensive Environmental Response, Compensation, and Liability Act Guidelines for Carcinogens and Biohazards Superfund Amendments and Reauthorization Act Title III Resource Conservation and Recovery Act Safe Drinking Water Act, and Toxic Substances Control Act Up until August 1992, the principal agency at the federal level regulating the generation, transport and disposal of hazardous waste was the EP A under the authority of the Conservation and Recovery Act (RCRA). As of August 1, 1992 the California Environmental Protection Agency (CalEPA) Department of Toxic Substances Control (DTSC) was authorized to implement the State's hazardous waste management in lieu of the EPA. State Agencies: The Cal-EPA and the State Water Resources Control Board govern the use of hazardous materials and the management of hazardous waste. The California Highway Patrol (CHP) and the California Department of Transportation (Caltrans) enforce hazardous substance transportation regulations. Under Cal-EP A, DTSC has primary regulatory responsibility, with delegation of enforcement to local jurisdictions that enter into agreements with the state agency, for the management of hazardous substances and the generation, transport and disposal of hazardous waste under the authority of the Hazardous Waste Control Law (HWCL). State regulations applicable to hazardous substances are indexed in Title 6 of the California Code of Regulations (CCR). The State Office of Planning and Research maintains a list of the various known hazardous waste and substance sites in California pursuant to AB 3750 (Cortese, Chapter 1048, Statute 1986). The list is updated and distributed to City and county planning agencies on a semi-annual basis. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 141 T .. .. Note: Graphics in the Draft Program EIR focus on the Added Territory only. Analysis of previous redevelopment project areas was completed pursuant to their respective environmental documents. legend Redevelopment Areas Bayfront Otay Valley Road W+E S Soutnwest Town Centre I Town Centre II Hazardous Materials Sile Source: City of Chula Vista - Major Roads - Freeways Future Streets --- Future SR125 _u_ City Boundaries -- Rivars ~j Water Features CJ Cities outside Chula Vista .. Adde<1 T~rfilory Figure 19 Hazardous Materials Sites With Redevelopment Areas Information on the list is provided by the State Department of Health Services, State Water Resources Control Board and the California Integrated Waste Management Board. In Chula Vista, 27 hazardous material sites have been identified, The majority of the hazardous waste sites are former service stations that are located in the central core of Chula Vista. Hazardous wastes associated with service stations include petroleum products such as gasoline, oils and transmission fluid. Regional: The San Diego Air Pollution Control District works with the California Air Resources Board (CARB) and is responsible for developing and implementing rules and regulations regarding air toxics on a local level. The SDAPCD establishes permitting requirements, inspects emission sources, and enforces measures through educational programs and/or fines. 4.9.2 Project Impacts According to the State CEQA Guidelines, the Amendment could result in significant adverse hazards and hazardous materials impacts if the Amendments: . Create a significant hazard to the public or to the environment. There are existing businesses with the potential to have had hazardous materials spilled on the property. Automotive repair and other businesses that use hazardous materials in their daily business activity may have spilled hazardous materials in the past. Development of property that has been contaminated with hazardous materials could have a significant impact on the proposed use. As development or redevelopment occur, the City or Agency, as appropriate, will require proper documentation from the owners of property that use or have used hazardous materials in the past to determine whether or not hazardous materials have been spilled on the property, If hazardous materials have been spilled, the City or Agency, as appropriate, will require the property owner to remediate the property in compliance with all applicable local, county, state and federal laws and provide proof the site has been properly remediated prior to its development. The Amendments will encourage redevelopment of property, which could include contaminated property, If development is proposed for a site with the potential to have contaminated soil or groundwater, the City will require a study to identify whether or not the site is contaminated and ifso, the extent of the contamination. If the site is contaminated, it would have to be remediated in compliance with all applicable laws and regulations prior to development. New businesses could be started that use or store hazardous materials as part of their normal business practices. The City's zoning ordinance restricts the use and storage of hazardous materials to specific areas. The zoning ordinance also restricts the types of businesses that can use hazardous materials. The potential risk of a hazardous material release and subsequent exposure of employees and adjacent properties to the hazardous materials is minimized. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 143 . The federal, state, county, and local agencies that regulate and oversee the storage and use of hazardous materials would have jurisdiction of the proper use and storage of hazardous materials by private companies. The laws and regulations that restrict the storage, use and transportation of hazardous materials along with the oversight of the public agencies that respond to hazardous waste spill are considered adequate to reduce potential hazardous waste impacts to a level less than significant. The Chula Vista Fire Department would be the first agency responding to a hazardous waste release or spill in the Added Territory, The Fire Department would request back-up support services from other agencies as necessary to minimize the impact of a hazardous waste spill. As a state agency, the Department of Toxic Substances Control (DTSC) has jurisdiction over the clean up of any hazardous materials that have been released. If hazardous materials are encountered in association with redevelopment, all site characterization, clean-up plans, removal and disposal would have to be approved by and completed in compliance with DTSC requirements and laws prior to the issuance of any demolition, grading or building permits, Because there are no development projects proposed as part of the Amendments, it is not known at this time whether or not there would be any acutely hazardous materials used within one- quarter mile of an existing or proposed school. The City would review all future development proposals to determine if a proj ect is located within one-quarter mile of an existing or proposed school. If a project that emits or handles hazardous materials is located with one-quarter mile of a school, the appropriate studies would have to be prepared to identify the potential impacts of emissions on the students and measures would be incorporated into the project accordingly to protect the sensitive receptors, In addition to reviewing development proposal for the presence of hazardous materials in the soil and/or groundwater, the City would also review all project applications for the use or storage of hazardous materials, If a business proposes to store or use hazardous materials, a hazardous materials storage permit may be required from the County of San Diego. The need for a hazardous storage permit would depend upon the type and quantity of hazardous material. If a business proposes to use or store a material that requires a hazardous storage permit the City would require the business owner obtain the necessary permit prior to the issuance of an occupancy permit. If any contaminated soils are encountered during the grading or construction of any project including public and private, construction in the area would be suspended until the contamination is properly investigated, Remediation, if required, would be completed in compliance with all applicable laws and regulations of the appropriate regulatory oversight agency before construction could commence. The existing laws and regulations that restrict the storage, use and transportation of hazardous materials along with the public agencies that respond to emergencies are adequate to reduce potential hazardous waste impacts of future development in the Added Territory to a level less than significant. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 144 Level of Significance Before Mitigation The Amendments will not directly create a significant potential public health hazard or involve the use, manufacture, or disposal of materials that would pose a hazard to people and planned populations, The adoption and implementation of the Amendments will encourage the development of both public and private projects. It is too speculative, however to determine if the Amendments could expose humans to significant health hazards, if hazardous materials have been spilled. The development of sites that used hazardous materials in the past could expose the public or the environment to hazards. All properties proposed for development with spilled hazardous materials will have to comply with all applicable local, county, state and federal laws regarding the remediation of the hazardous materials prior to development. The Amendments will not change the requirements to remediate contaminated properties prior to development. Assistance by the Agency to construct public or private projects will not change or alter any local, county, State or federal requirements to remove hazardous materials in compliance with all applicable laws and regulations. Based on the threshold criteria the Amendments could develop sites with hazardous materials that could result in significant adverse hazards and hazardous material impacts to the public or the environment. 4.9.3 Mitigation Measures The following measures are recommended to mitigate potential hazardous material impacts of redevelopment due to the Amendments: 1. Prior to development of any property formerly occupied by or adjacent to eXlstmg facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by the City of Chula Vista to evaluate the potential for soil and groundwater contamination. If warranted by the Phase 1 environmental site assessment, soil and possibly groundwater sampling will be required. 2, Asbestos and lead-based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities, to the satisfaction of the City ofChula Vista, 3. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase II, and/or asbestos evaluation indicate the potential for hazardous materials at levels requiring mitigation, all remedial measures identified in those studies shall be shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contract, to the satisfaction of the City of Chula Vista. Those remedial measures shall be implemented prior to the issuance of grading permits. 4, All business that use hazardous materials in conjunction with their business, shall store, use, and dispose of all hazardous materials in compliance with all applicable local, county, state and federal laws and regulations. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 145 4.9.4 Significance After Mitigation There will be no significant hazardous waste impacts with adoption and implementation of the Amendments and implementation of the above mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 .Page 146 4.10 POPULATION, HOUSING and EMPLOYMENT 4.10.1 Existing Conditions The City of Chula Vista adopted Housing Element, updated in April 2002, and extends from January 2000 to June 2005.20 The Housing Element provides the City the opportunity to plan for the existing and future housing needs in the community and has been prepared in compliance with the five-year update cycle required by State law. As ofJanuary 2003, the estimated population of City ofChula Vista was 201,21021 The City had approximately 66,540 residential dwelling units. According to the San Diego Association of Governments (SANDAG's) Preliminary 2020 Cities/County Forecast, Chula Vista is expected to gain 46,000 new residents and 13,801 new households. The characteristics of the City's population, housing and employment that affects its housing goals, policies and programs include: Population/Household Characteristics Chula Vista residents have household income and age characteristics that nearly match the regional median, The population has more diversity in race/ethnicity than the region, in that 31 percent of the population is white (non-Hispanic) and 49 percent is Hispanic (all races), this compares to 73 percent and 27 percent, respectively, Household size is slightly larger than the region, at 3.08 persons per household for Chula Vista, compared to 2.73 persons per household for the region. Land Use Characteristics A large supply of vacant developable land is planned for communities with a wide variety of densities and land use types. The well-established neighborhoods and master planned neighborhoods create different opportunities and require a different set of policies and programs to address housing needs. Employment Characteristics The City's diverse employment base will grow by more than 47 percent between 1995 and 2005, with the majority of growth in the retail, service, and govemmental sectors. Housing Stock Characteristics A high rate of new home construction is anticipated due to the many approved master planned communities in the City. Reinvestment in the well-established neighborhoods of Western Chula Vista continues to be needed. Approximately 13,000 units will be 50 years or older by 2004. A home ownership rate of 53 percent is nearly the same as the region's rate of 54 percent. A very low rental vacancy rate of 1.1 percent indicates likely increased housing costs and greater 20 City of Chula Vista Housing Element 1999-2004, Revised April 2002. 21 SANDAG August 2003. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 147 likelihood of over-crowding. A median housing cost (resale) of $ 343,000 is $ 114,225 less than the region's median cost of $457,22522. Average rents are 10 percent to 30 percent lower than the region wide average rents. Assisted housing units are at risk of converting to market rate units. There are two projects that have at-risk units that were created through the density bonus program, There are 41 units that could be converted to market rate units in 2000 and 2008. Goals and Policies The primary goal of the City is to ensure that decent, safe housing is available at an affordable cost. The priority is the provision of housing for families, particularly large families, of all income levels. The goals are: Goal 1, Conserve existing affordable housing opportunities Goal 2, Maintain and enhance the quality of residential neighborhoods in Chula Vista Goal 3. Ensure that an adequate and diverse housing supply is available to meet the City's existing and future needs. Goal 4, Increase home ownership opportunities for low-and moderate-income households. Goal 5. Enable homeless individuals and families to find permanent housing. Goal 6, Encourage energy and waste conservation as an integral part of homes. Goal 7. Promote equal opportunity for all residents to reside in housing of their choice. Goal 8. Reduction and/or removal to the greatest extent possible of identified constraints to the development, maintenance, and improvement of housing. The City has two sets of numerical housing goals established by SANDAG; the City's share of the region's future housing needs (regional share goals) and the affordable housing goal for self- certification, The total regional share goal is 10,401 new housing units and the estimated total affordable housing opportunities for self certification in 2004 is 1,029. Needs Assessment The major components of needs assessment are the city's population, household, special needs groups, land use, employment, and housing stock characteristics, A brief discussion of each component is provided below. Population Characteristics Chula Vista's population is expected to increase by 82.28 percent between 1995 and 2020, an increase of approximately 124,362 people, compared with 44 percent growth for the region. Housing demand within the market is often determined by the preference of certain age groups. Traditionally, both the young adult population (20-34 years of age) and the elderly population tend to favor apartments, low-to moderate condominiums, and smaller single-family units. Persons between 35 and 65 years often provide the major market for moderate-to high-cost apartments and condominiums and larger single-family units because they tend to have higher incomes and larger sized households, 22 San Diego Association of Realtors - June 2003. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 148 Chula Vista's largest population group consists of persons between the ages of 35 and 45 (27 percent of the population), compared to approximately 24 percent for the region. The median age in Chula Vista is 35 years; the County median is 33.2, Household Characteristics A household includes all the persons who occupy a housing unit. The size of a household is usually expressed in terms of number of persons per unit. An analysis of household characteristics is useful to determine household size, trends, incomes, overcrowding or underutilization of housing as well as the amount of special needs households, such as large families and those headed by females. By 2005, there are expected to be 67,769 households in Chula Vista. Household size is a significant factor in meeting housing demand. Often household size can be used to predict the unit size that a household will select. In 2000, the average in the San Diego region was 2.83 persons per household. As of April 2003, Chula Vista had an average of 3.08 persons per household, Single-family homes are typically large, have more bedrooms, and therefore, are able to house a larger number of people than a smaller unit. Household Income Income levels influence the range of housing prices within a community and the ability of the population to afford housing. Based on the 2000 Census, the median household income in Chula Vista was $44,861, which is very close to the region's median of $47,067. The distribution of income in Chula Vista is very close to that of the region. Overcrowding According to SANDAG's review of overcrowding region wide, the combination of low income and high housing costs has forced many households to live in overcrowded conditions. The term "overcrowded" is applied to units with 1.01 or more persons per room exclusive of the kitchen and bathroom(s). Identifying the extent of overcrowded problems can serve as a warning sign that the community does not have an adequate supply of affordable housing and/or housing units for large families. According to the 2000 Census, there are 8,269 overcrowded housing units (defined as more than 1.01 persons per room) in Chula Vista, representing about 14,3 percent of the 57,728 total housing units. Region wide, 11.8 percent of all housing units are overcrowded indicating that there is comparatively more overcrowding in Chula Vista than region wide. Of those overcrowded units in Chula Vista, 2,655 (32 percent) are owner-occupied and 5,614 (68 percent) are renter occupied, whereas for the region the numbers are 27.3 percent and 72.6 percent, respectively, Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 149 . Overpavrnent State and federal programs typically define housing cost burden as those lower-income households paying over 30 percent of household income for housing costs, Based upon the 2000 Census data, 10,178 (41.5 percent) rental households in Chula Vista pay more than 30 percent of their household income for rent as compared to 188,218 (42.6 percent) in the region, In addition, 4,562 of these households experience a severe housing cost burden, paying more than 50 percent of their income towards housing costs. Special Needs Groups The segments in the City of Chula Vista that are considered to have special needs for affordable housing include elderly households, disabled persons, large families, single parents, homeless, farm workers and day laborers, and students. A brief description of each segment is provided below. Elderlv The limited income of many elderly persons makes it difficult to find affordable housing. In the San Diego region the elderly spend a higher percentage of their income for food, housing, medical care, and personal care than non-elderly families. In 2000, 6.07 percent of the residents aged 65 and over in the San Diego region had income below the poverty level. Approximately 1,778 (9.68 percent) of the residents aged 65 and over in Chula Vista had income below the poverty level. Disabled Persons According to the U.S. Bureau of Census, a person is considered to have a disability if he or she has difficulty performing certain functions (seeing, hearing, talking, walking, climbing stairs, and lifting and carrying), or has difficulty with certain social roles. A person who is unable to perform one of more activities, uses an assistive device to get around, or who needs assistance from another person to perform basic activities is considered to have a severe disability. The 2000 U.S, Census lists 34,764 people that live in Chula Vista, between the ages of 16 and 64, as having a sensory, physical, mental, self-care, go-outside-home, and employment disability. There are four factors that significantly limit the supply of housing available to households of persons with disabilities and these factors are affordability, design, location, and discrimination. Most homes are inaccessible to people with mobility and sensory limitations. The location of housing in close proximity to public transportation is important because many people with disabilities often rely on public transportation to travel. Group housing, shared housing, and other supportive housing options can help meet the needs of persons with disabilities. These housing options have the advantage of social service support on-site or readily accessible. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 150 Large Families A large family is defined as having five or more members. According to the 2000 Census, there are 9,867 large family households in Chula Vista. Of those, 6,172 are owners and 3,695 are renter households. Single Parent The housing needs of single-parent households have increased in recent years. Single-parent households, and in particular those headed by females, face challenges in finding affordable housing. Female-headed households with children tend to have lower incomes than other types of households, a situation that limits their housing options. The 2000 Census data reported that (percent) of the City's total households are headed by single parents. Of these, are headed by males and by females. Of the female single-parent households, 6,643 live below the poverty level. Homeless Homelessness is becoming an increasing problem in the San Diego region, The most recent legislation governing housing elements mandates that municipalities address the special needs of homeless persons within their jurisdictional boundaries. Within Chula Vista, the homeless population is estimated at 500 urban homeless and 100 homeless day laborers, According to South Bay Community Services (SBCS), the homeless in Chula Vista are primarily families and many of those are the result of domestic violence. For the past few years, the City has allocated Community Development Block Grants (CDBG) funds to SBCS for youth and family support services, housing services, and economic development opportunities. Located in Chula Vista, SBCS offers assistance to persons who are "near homeless" through coordination of available services and financial resources and counseling in such matters as financial management and family support. Farm Workers and Dav Laborers Farm workers and day laborers are traditionally defined as persons whose primary incomes are earned through regular agricultural work or in casual labor situations, Farm workers have special housing needs because they earn lower incomes than many other workers and move throughout the season from one harvest to the next. Due to the rapid urbanization in Chula Vista, very little of the County's agricultural employment base is left in the area. According to California Employment Development Department May 2003, there are 180 agricultural workers in Chula Vista, which is 0.2 percent of the employment base of the workers in agriculture, fishing, forestry, and mining. Chula Vista's day laborers may work on small construction jobs and odd jobs. Similar to the farm workers, day laborers are often here temporarily and may choose to be homeless in order to send their earnings home to their families rather than using there resources for housing. It is Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 151 T difficult to estimate this population, but the Regional Task Force on the Homeless estimates the rural homeless population to be one hundred day laborers in Chula Vista. Students Students can impact housing demands that surround universll1es and colleges. Typically students are low-income and are therefore affected by a lack of affordable hosing, especially within easy commuting distance from campus. Chula Vista is the location of Southwestern Community College. Most (70 percent) are part time students and only 27 percent are new enrollees. The majority of the students employed and approximately 37 percent live in Chula Vista. Employment Characteristics Chula Vista is anticipated to be one of the fastest growing employment areas in the region because of land available for employment center development, access to major transportation corridors such as Interstate 5 and 805, and its proximity to the U.s. - Mexico International Border. Employment is projected to increase by 21,647 jobs between 1995 and 2005, with the greatest increase in the service, government and retail sectors. Given that retail trade and service jobs are traditionally lower paying, the need for affordability in the local housing market for these employees may be magnified, assuming that the retail trade and service employees also reside in the community. Housing should be created to match the growth of jobs and the corresponding average wages. Housing Stock Characteristics As of April 2003 Chula Vista had a housing stock of 66,540 units. By the year 2020, Chula Vista is estimated to have a need for approximately 96,518 housing units, an increase of29,978 units, As of January 1, 2003 , the largest percentage (58 percent) of housing units in Chula Vista was single-family detached units followed by multi-family units of five units or more, which was 36 percent. Between 1998 and 2020 all types of housing in Chula Vista is anticipated to significantly increase, with the exception of mobile homes. The age of the housing is often an indicator of the housing conditions in a city, Based on the 2000 Census, approximately 13,282 units in Chula Vista will be 50 years of age or older by 2009, which means that older housing comprised approximately 22 percent of the total 2000 housing stock. The older homes are primarily located in western Chula Vista. These older units are a source of affordable housing stock for low-and moderate income residents as rents and sales prices are usually lower the older the home. It is important for Chula Vista to preserve these units as affordable housing stock through careful monitoring, code enforcement, and rehabilitation,23 Housing condition is often defined in terms of substandard housing, Substandard housing units include those in need of repair and those in need of replacement. Indicators of the number of 23 City of Chula Vista Housing Element 1999-2004, Revised April 2002, page 28. Updated with 2000 Census data. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 152 substandard housing units within a jurisdiction can include units built before 1940 or those lacking plumbing facilities, Units may be considered substandard by the U.S. Department of Housing and Urban Development if they were built before 1940 and have a value of less than $35,000, Only two percent of Chula Vista's housing stock was built prior to 1940. The pre- 1940 homes are primarily located in western Chula Vista, Vacancy rates are an indication of housing supply and demand. High vacancy rates may indicated an over supply of housing and/or low demand for such housing. Vacancy rates between two to three percent are usually considered healthy for single-family housing, and five to six percent for multi-family housing, However, vacancy rates are not the sole indicator of market conditions, they must be viewed in the context of all the characteristics of the local and regional market. Constraints To Housing Provision There are many constraints on the production of housing to meet the needs of Chula Vista residents. Some of the constraints are discussed below. Govemmental Constraints Various govemmental constraints can limit the operations of the public, private and nonprofit sectors making it difficult to meet the demand for affordable housing and limiting supply in the region. Governmental constraints include growth management measures, land use controls, building codes, processing fees, and site improvement costs, Non-Governmental Constraints A number of private sector factors contribute to the cost of housing. These include land and site improvements, developer overhead, marketing, profit, building fees, and financing. These constraints are out of the control of govemment influence, but affect the cost, supply, and distribution of housing. Housing Opportunities Availability of Suitable Sites According to state law, a local jurisdiction's housing needs must include their fair share of the projected needs for housing in the region (regional share). SANDAG has identified Chula Vistas share of regional housing needs for 1999-2004. The figures are contained in the Regional Housing Needs Statement adopted 1999. Chula Vista's regional share goal and the income distribution of the goal is presented in Table 9, Regional Housing Share - Chula Vista - 1999- 2004. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 153 ~ Table 9 Regional Housing Share - Chula Vista - 1999-2004 ,." i Income Category Housing Goal I :Very low income (<50% area median income) 1,889 'Low income (50-80% area median income) 1,535 ,Moderate Income (80-120% area median income 2,388 JAbove median income 4,589 ITotal 10,401 Source: City of Chula Vista Housing Element 1999-2004, Revised April 2002 There are several sources of land to provide the housing needed in the near future. These sources include vacant land as well as underutilized parcels. Most of the vacant land suitable for residential development is located in eastern Chula Vista. The underutilized parcels, which includes parcels that were developed at a lower residential density than could be accommodated with the existing public facilities, infrastructure and zoning are located primarily in the western part of Chula Vista, These parcels are presently developed with single-family residences or lower density multifamily units. Redevelopment Housing Obligations Health and Safety Code Section 33334.2(a) states "Not less than 20 percent of all taxes which are allocated to the agency pursuant to Section 33670 shall be used by the agency for the purposes of increasing, improving and preserving the community's supply oflow- and moderate- income housing available at affordable housing cost, as defined by Section 50052.5, to persons and families of low or moderate income, as defined in Section 50093, and very low income households, as defined in Section 50105, unless a specific finding in made annually by resolution. The City has a program to provide and increase the amount of affordable housing to households with low and moderate incomes. The Redevelopment Agency of the City of Chula Vista has established a Redevelopment Housing Set-Aside Fund using 20 percent of the tax increment revenue from the redevelopment project areas as part of the Agency's efforts to meets its unmet housing needs. The total tax increment revenues to be deposited into the set aside fund over a five year period from 1999- 2004 is estimated to be $8,120,690, Based on existing programs and pro-forma cost projections for new and rehabilitated units, up to 725 additional units could be created through the leveraging of Redevelopment Housing Set-Aside Funds over a five-year period. There are residential dwelling units including single-family detached, attached units, and mobile homes in both the Added Territory, Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 154 4.10.2 Project Impacts The threshold criteria for determining whether or not the project will have population and/or housing impacts is whether or not the Amendments will: . Result in non-compliance with population and housing allocations for the region. . Displace a large number of people. . Create a substantial demand for additional housing, The Amendments are anticipated to encourage new development, including the construction of residential units. There are parcels of vacant land that could be developed with residential use based on existing residential land use designations of the General Plan. The construction of new residential units consistent with the General Plan will not impact projected housing or population numbers because future housing and population estimates are based on the number of residential units that can be constructed based on the General Plan, The Amendments will not change the amount of land designated for residential use by the General Plan. Therefore, the Amendments will not increase or decrease the number of residential dwelling units that can be developed and not impact SANDAG's housing or population projections for Chula Vista, If new units are developed it is speculative to determine where people moving into the new residential will move from. It is possible that people both outside and within Chula Vista will move into the residences. Therefore, additional residential development mayor may not increase the City's population. The population is not expected to increase beyond the level planned if future residential development is consistent with the General Plan. Since development must be consistent with the General Plan, any residential development has been planned by SANDAG based on development consistent with the General Plan and no significant increase is population or housing numbers are anticipated. The construction of light industrial and commercial use and the rehabilitation of existing industrial uses could indirectly increase the number of city residents, The construction of new commercial or light industrial buildings, or the expansion of existing businesses could indirectly increase the population due to workers moving to Chula Vista. It is expected that most of the employees of new businesses either live in Chula Vista or would commute from their current residence, Although a few people may relocate, it is anticipated that most employees will commute and not move to Chula Vista. Health and Safety Code Section 33334.2 requires agencies adopting a Redevelopment Project Area after 1976 to set aside at least 20 percent of the tax increment generated from within the Project Area to increase, preserve and improve the community's supply of affordable housing for persons of low and moderate income. Therefore, 20 percent of the tax increment revenue collected throughout the life of the Amendments must be set aside for use to increase, preserve and improve affordable housing, However, the Amendments will not in and of themselves generate new residential units, The Agency can use the required housing set aside monies to either construct new housing, preserve or provide housing that meets the needs of persons and families of low, very low, and moderate income. The City has a variety of housing programs the Agency could participate in to provide additional low and moderate-income housing. The set Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 155 T aside money can be used to either construct new residential units or rehabilitate existing units. The money can also be used outside the project area to provide low and moderate-income housing as long as the Agency can show a benefit to the project area. The development of additional low and moderate income housing due to adoption and implementation of the Amendments will have positive benefits to the community, Since the City has not yet met its requirement for producing additional low and moderate income housing and does not have adequate revenue at this time to develop or assist in the provision of additional needed low and moderate income housing within the community, the opportunity for the Agency to allocate tax increment revenue towards providing more low and moderate income housing due to the Amendments will be beneficial to the City, The conversion of existing housing stock to meet the needs of low and moderate income persons or families will not change the number of houses in the City, but could change the number of houses available in a particular price range and to a particular income group. For instance, if the Agency purchases existing houses at market price and converts them to low and moderate income housing there will be a decrease in market rate housing, However, the conversion of market rate housing to provide additional low and moderate-income housing will have a positive impact for the City towards meeting more the housing needs for the low and moderate income family sector, Level of Significance Before Mitigation The adoption and implementation of the Amendments will allow the Agency the ability to provide financial assistance to upgrade, improve and provide additional residential housing, including low and moderate housing. Since all development must be in compliance with the General Plan, the Amendments 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. The availability of additional housing set-aside revenue will allow the Agency the ability to construct additional housing for low and moderate-income families, which will be a positive impact on low and moderate-income families. Based on the threshold criteria the adoption of the Amendments will not have any significant population or housing impacts because the Amendments will not increase housing or population numbers beyond the amounts planned for by the City and regional planning agencies. 4.10,3 Mitigation Measures Since no significant housing or population impacts have been identified with adoption and implementation of the Amendments, no mitigation measures are recommended. 4,10.4 Significance After Mitigation No significant population or housing impacts are anticipated with adoption and implementation of the Amendments, therefore no mitigation measures are recommended. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 156 4.11 RECREATION 4,11.1 Existing Conditions The City of Chula Vista's park system is divided into five park categories: regional parks; community parks; neighborhood parks; mini-parks and special purpose parks. In addition, Chula Vista has private neighborhoods and mini-parks owned and maintained by homeowner association, and regional parks maintained by the County and State. A brief description of each park category is described below. Figure 20, Existing and Proposed Parks Map, shows the park sites in the City. Regional Parks Regional parks are large open space and recreational facilities provided either partially or wholly by the County of San Diego. These regional parks are a major component of the Chula Vista Greenbelt Plan and include the Sweetwater Regional Park and Otay Lake County Park. Uses of these parks include golf courses, beaches, lakes, hiking trails, athletic sports fields, picnic facilities, campgrounds, swimming pools, and wildlife refuges, The guidelines for providing more regional parks in Chula Vista include: . Support and work with the County of San Diego and the State in the future development of regional and state parks. Encourage the creation of a single entity for the regional parks that are part of the Chula Vista Greenbelt. . Create a system of trails, bicycle ways, and pedestrian-oriented street corridors that link the community parks to the Chula Vista Greenbelt. Community Parks A community park is designed to serve more than one neighborhood. They vary in size, but are generally 15 or more acres, excluding greenbelts, trails, and adjoining school lands. These parks are planned to meet the needs of all age groups by providing a wide variety of land uses, including swimming pools, playing fields for team sports, recreation enters, cultural centers, picnic areas, gardens, and similar uses. Guidelines Develop community parks with facilities appropriate for citizens. of various ages and interest. In addition to the facilities noted for neighborhood parks, community parks should include: . Swimming pool for each 20,000 people . Community center and gymnasium for each 24,000 people . Lighted softball field for each 5,000 people . Restroom facility Chula Vista Amended and Merged Redevelopment Plan Amendments Program E1R August 2003 Page 157 T \ ~ \ \ r '-: , , i~,' Note: Graphics in the Draft progmm E1R focus on the Added Territory only. Analysis of previous redevelopment project areas was completed pursuant to their respective environmental documents W+E S Legend Redevelopment Areas Bayfront Olay Valley Road Southwest Source: City of Chula Vista Town Centre I Towll Cenlre II - Major Roads - Freeways Future Streets --- FulureSR125 -..- City Boundaries -Rivers ~ Waler Features c=J Cities outside Chula Vista 7;:j MSCP Preserve .. AddlldTer!llor)' Figure 20 Existing and Proposed Parks With Redevelopment Areas . Create a system of trails, bicycle ways and pedestrian oriented corridors that link together the community parks. · Encourage the development of special areas in community parks that will enhance the recreational and leisure opportunities of the City such as an interpretive center or nature center. Neighborhood Parks Neighborhood parks are public or private are intended to serve local residents and should be within walking distance of the households it serves, A public neighborhood park should range in size from 5 to 15 acres, excluding off-street trails, greenbelts, and school lands. When possible, neighborhood parks adjoin public elementary schools and serve a minimum of 1,000 people each. Primary uses include passive open space, active play area for children, including tot lots, playground apparatus, and picnic areas. Private neighborhood parks are typically smaller than public neighborhood parks. With a few exceptions, private parks range in size from 0.5 to 4 acres, excluding greenbelts, trails and setbacks. Generally, private parks are located in the interior of residential developments or condominium complexes rather than on public streets. They are designed to exclusively serve residents belonging to the specific association and are often more intensely developed than comparably sized public parks. Uses include swimming pools, spas, club houses, and tennis courts. The system of neighborhood parks is intended to serve the more local park needs of citizens and be in close proximity to the homes served. Guidelines Develop neighborhood parks with facilities appropriate for the local neighborhood, such as: . Play areas · Park signage, tables, benches · Landscaping and irrigation system · Security lighting · Utility and drainage systems · Parking as necessary · Restrooms as necessary Based on population served, neighborhood parks should also contain facilities such as: · Picnic shelters for each 1,000 people · Tennis courts for each 2,000 people · Baseball/softball fields for each 5,000 people · Multi-purpose courts for each 5,000 people · Soccer fields for each 10,000 people Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 159 , Mini Parks A mini park is also designed to serve local residents and be within walking distance of the households it serves. These parks typically serve a smaller number of houses than a neighborhood park and contain a very limited range of facilities, The'mini park contains a tot lot or play structure and some grass play area. In many neighborhoods, particularly in the newer developed areas, mini parks are owned and maintained by a homeowners association. Mini parks are intended to serve local park requirements where there is a need for small-scale facilities and access to a neighborhood or community park is limited. These facilities are expected to exist primarily in older areas of Chula Vista where it is difficult to meet adequate standards for other park facilities. Guidelines Mini parks, play lots or vest pocket parks are not the normal public park facilities for Chula Vista to provide necessary facilities and they should be used in existing developed areas of Chula Vista where land for larger parks is difficult to acquire. In new residential neighborhoods, mini parks should be owned and maintained by a homeowners association for the benefit of local residents. Commercial Parks and Recreation A wide variety of recreation and leisure opportunities are available to the residents of Chula Vista because of its location in the south San Diego County region. Public beaches, local mountains, and deserts are all within short traveling distance from Chula Vista. In addition, commercial recreation facilities such as movie theaters, arcades, bowling alleys, skating rinks and miniature golf courses are just a few of the many additional recreational options available in the City and the region. The City has a variety of policies and guidelines to assist in the implementation of the Parks and Recreation Element of the General Plan, Below is a discussion of some of the policies and guidelines for specific projects or actions that requires conformance with the general plan. The commercial parks and recreation facilities in the City and the San Diego region are an important dimension of the local recreation experience to residents. The City encourages the development of such facilities in areas where the activities are not impacted by, and so do not interfere with, nearby land uses, Guidelines Commercial parks and recreation activities should be sited to be accessible to residents but adequately screened from residential areas or other sensitive areas if the activities produce substantial light, noise, or odors. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 160 Commercial parks and recreation activities may be considered for inclusion in public park areas, the Chula Vista Greenbelt or other open space areas if the use is determined to be compatible with the surrounding area and provides a further expansion of the recreation opportunities for area residents, Chula Vista Greenbelt Plan The Chula Vista Greenbelt is a system of active and passive parks, undeveloped open space, stream valleys and flood plains, wetlands, water and agricultural areas that form a continuous 28- mile system around the City. To implement this continuous system it is seen as desirable to have the existing park facilities that would be part of the greenbelt and those land areas that in the future become part of the greenbelt to be under one management and maintenance entity. Therefore, the City encourages the creation of a single regional park entity for the entire Chula Vista Greenbelt Plan,z4 Special Purpose Parks or Recreation Areas The City will consider the creation of special purpose parks or recreation areas, either public or private, at the time that suitable property may become available for such a use and there is a sufficient resident demand for the specialized activity. Guidelines Include as part of long-range park master planning candidate types and locations of specialized parks, Identify the potential community need or desire for special purpose parks and relate this to the physical opportunities and locations that may become available in the future. Park Standards and Criteria The City standard for the provision of neighborhood and community parks is a total of 3.0 acres of developed neighborhood and community park for each 1,000 persons. Park and Acquisition Administration The land for park facilities will be acquired through dedication of land in lieu of fees, payment of park fees and purchase. Guidelines New large-scale planned development should be encouraged to dedicate parkland in accordance with the general plan and park master plan. 24 City ofChula Vista General Plan Parks and Recreation Element, page 7-12. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 161 . New smaller scale developments are encouraged to either dedicate parkland or pay appropriate park fees to allow acquisition of parkland elsewhere in accordance with the general plan and park master plan. Parks in existing development areas that are inadequate in size should be expanded where appropriate, through the purchase of additional available land. The future redevelopment process in Central Chula Vista and Montgomery should include the provision of additional park facilities, Park Location Criteria The distribution of parks and recreation facilities should occur in a manner that facilitates have access by residents, including private and public transit and non-vehicular access via pedestrian and bicycle ways along open space corridors and local roadways. The guidelines for the location of park and recreation facilities are as follows: Community Parks . Community parks should be located adjacent to or near major circulation roadways to facilitate local and area-wide access, . The active areas of community parks should be located away from adjacent residential land uses. Passive park areas should be used as a buffer between active park areas and residential areas. Community parks should be located with direct connection to the Citywide trail, open space and greenbelt network, . To the extent feasible, new community centers/gymnasiums should be located in community parks. Neighborhood Parks . Wherever feasible, neighborhood parks should be located adjacent to elementary schools to increase the potential for joint use as a neighborhood activity center. . New neighborhood parks, and possible companion elementary schools, should be located as close as possible to the center ofthe area they are designed to serve. . Neighborhood parks should be linked to the neighborhood served by a system of trails, sidewalks or open space. . To the extent feasible, the neighborhood trails and open space should relate to the community and Citywide train and open space network. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 162 Special Purpose Parks . Consider special purpose parks to be located in the more remote sections of the Chula Vista Greenbelt where typical community and neighborhood parks may not be appropriate. · Consider special purpose parks for areas with particular environmental or aesthetic characteristics and oriented to both allowing access, enjoyment and education while protecting any sensitive areas. Open Space Maintenance Districts Open space maintenance districts have been used to administer and maintain specific open space areas of the City. These districts range from neighborhood open space to open space along major circulation element roadways. The City currently has a total of 15 districts. Park Acquisition and Development Fee Park Acquisition and Development (PAD) fees are collected by the City of Chula Vista in lieu of donated land and developer-built park improvements. The Parkland Dedication Ordinance (PDO), first adopted in 1971, details requirements for land dedication, park improvements and in lieu fees. The PDO applies to all applicable development on a citywide basis. PAD fees cover parkland acquisition and the cost of related capital items associated with parkland development, including: drainage systems; street improvements; lighted parking lots; concrete circulation systems; security lighting; park fixtures; landscaping; irrigation systems; restrooms and maintenance storage; play areas; picnic shelters, tables, and benches; utilities; and outdoor sports venues. PAD Fee Calculations The PAD fees are calculated based on: . Person per household factors which are updated to conform wit the latest available population and housing data from SANDAG; . The updated factors are then applied to the City's Park Development Ordinance standard of 3 acres per 1,000 population. This will determine the number of new dwelling units that would generate a I-acre parkland requirement. . This new dwelling unit number, together with updated land and construction costs, are then used to calculate individual fees for site acquisition/credit and for park development. The City standard for parks, based on the Quimby Act, is 3 acres of parkland per 1,000 people. This standard can also be stated in terms of square feet per-capita, which is 130.68 square feet of parkland for each resident. Parkland dedication in lieu of fees is based on the 3 acres per 1,000 people pursuant to Chapter 17.10, Section 17.1O.040 of the Chula Vista Municipal Code, Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 163 4.11,2 Project Impacts The threshold criteria for determining whether or not the Amendments will have recreational impacts according to the City ofChula Vista's Quality of Life Threshold Standards: · Individual impacts will be assessed on a project by project basis. Payment of PAD fees will assist the City among other mechanisms, including possible redevelopment fees, for addressing future park facility needs west of the 805. The Amendments include public infrastructure projects including pedestrian walkways, bicycle paths, and trails, The construction of these projects would serve some of the recreational needs of the community. Assistance by the Agency to fund the construction of these projects would have positive benefits to the community. The potential impacts associated with construction of the pedestrian walkways, bicycle paths, and trails cannot be fully evaluated because plans have not been prepared. However, the types of potential impacts that could be anticipated include short-term impacts such as construction noise, traffic congestion and delays, and soil erosion, Long-term impacts could include, but not be limited to, safety issues if bicycle trails are located in existing streets adjacent to vehicle travel lanes, construction close to sensitive habitat, and lighting impacts if trails extending through or close to residential areas. These projects will be evaluated by the City for compliance with CEQA at the time plans are submitted for approval. The City would determine if additional environmental analysis would be required to mitigate potential significant impacts to comply with CEQA. Additional development, especially residential construction, could require the construction of park and recreational facilities as required by the PDO, Depending upon the project, additional park or recreational facilities may be required to serve the residents. The PDO would require the project developer to either dedicate 3 acres of parkland for every 1,000 people generated or pay an in lieu fee. Due to the unavailability of suitable parkland in the project areas most developers may be required to pay the PAD fee rather than donate parkland. The PAD fee would be used by the City to upgrade or improve existing facilities or purchase parkland and recreational facilities in strategic locations that would serve both the project residents and the community, Development plans are not available at this time for projects that will be developed throughout the life of the Amendments. Therefore, it is speculative to determine the PAD fee or the size and location of parkland that may be donated to the City, The City will determine if a project must pay the mandated PAD fee or donate parkland at the time individual projects are submitted for approval. If a project developer donates land for park and recreational facilities the City would have to conduct additional environmental analysis to identify potential impacts with what the donation of future development of the park facility as required by CEQA. Since the size and location of parkland that may be developed in the future is not known at this time it is speculative to conduct any type of environmental analysis of a park site pursuant to CEQA. The City will conduct the Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 164 proper environmental analysis of the development of parkland in the future at the time specific development plans are submitted for approval. The development of commercial and industrial development within the Added Territory will have a minimal impact on existing recreational facilities or demand for new facilities. Unlike residential development, employees of commercial and industrial uses typically do not create a demand for recreational facilities, whereas residential uses directly create a demand for active and passive recreational uses, Although a few employees may use local parks or recreational facilities before, during or after work, the number would be minimal and is not anticipated to impact existing facilities. In addition, the development of new commercial and industrial projects also will not significantly increase the demand for park and recreational facilities. The existing park and recreational facilities would probably serve the needs of most employees without impacting those facilities. Level of Significance Before Mitigation The Amendments could encourage new development that could increase the need for parks and recreational facilities and impact existing facilities requiring the need to provide additional parkland to meet the threshold criteria, All projects would have to pay the applicable PAD fee or dedicate parkland per City parkland requirements. The payment of a park fee or dedication of parkland will mitigate the impacts of the project on park and recreational resources. There are no activities associated with the Amendments that will reduce or eliminate existing park or recreational facilities. The adoption and implementation of the Amendments will allow the Agency the authority to participate in the construction of recreational facilities, thus having positive impacts on the City, 4.11.3 Mitigation Measures The following mitigation measure is recommended: 1. Prior to the issuance of building permits the developer shall pay all applicable Park Acquisition and Development (PAD) fees. 4.11.4 Significance After Mitigation No significant park and recreational impacts are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measure. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 165 . 4.12 BIOLOGY RESOURCES 4.12.1 Existing Conditions The Added Territory is urbanized and most of the properties are either developed or have been disturbed in the past. Although there are several vacant parcels, most of the property is either developed or has been developed in the past. The river corridors through Chula Vista have been altered by high floodwater as well as human disturbances. In general, native riparian/oak woodland and non-native/ruderal vegetation exist in the undeveloped drainages while chaparral and inland sage scrub dominate the upper slopes. The remaining areas have either been developed or support native and non-native grasses and ruderal shrubs. Riparian/oak woodland vegetation is considered significant wildlife habitat, particularly for many bird species. This resource is declining rapidly in San Diego and should be protected. This particular vegetation community in Chula Vista is somewhat disturbed and occurs in relatively small areas along the Sweetwater and other rivers. Freshwater aquatic vegetation is found around manmade ponds (associated with park development and sand extraction). This freshwater habitat is considered valuable to wildlife particularly in combination with streamside woodlands. Chaparral and inland sage scrub communities occurring on large undeveloped acreage provides valuable wildlife habitat. The primary habitats in Chula Vista that are important include woodland/aquatic and undisturbed chaparral/sage scrub vegetation communities, Specific areas in the City remain relatively undisturbed by urban development and contain adequate resources to support high interest floral or fauna species. The Multiple Species Conservation Program (MSCP) is a comprehensive, long-term habitat conservation plan developed to address the needs of multiple species and the preservation of natural vegetation communities in southwestern San Diego County. The MSCP Sub regional Plan, a "framework" plan for the 12 participating jurisdictions, was adopted by the City of San Diego and County of San Diego in 1997. The MSCP Sub regional Plan addresses the potential impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to mitigate for the potential loss of "covered species" and their habitat due to the direct, indirect and cumulative impacts of future development of both public and private lands within the MSCP's approximately 900-square mile study area. The City of Chula Vista MSCP Subarea Plan will be the policy document through which the MSCP Sub regional Plan is implemented within the City's jurisdiction, The City's MSCP Subarea Plan will provide a blueprint for habitat preservation and will form the basis for federal and state incidental "take " permits for 86 plant and animal species within the City. The incidental take permits will be issued by the United States Fish and Wildlife Service and the California Department ofFish and Game, also referred to as the "Wildlife Agencies". Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 166 Over the last several years, the City has been working on the preparation of a Subarea Plan in order to receive incidental take permits from the Wildlife Agencies. A draft Subarea Plan (dated September II, 2000) was conditionally approved at a joint meeting with the Chula Vista Planning Commission and City Council on October 17, 2000. However, since then the City has prepared numerous revisions to the Subarea Plan including several enhancements resulting in an increase in the conservation of covered species and their associated habitats, Specifically, the City has: I) prepared a Quino checkerspot butterfly Recovery Component sufficient to warrant coverage for the species and making it the "86th" covered species under the City's requested incidental take permit; 2) provided additional conservation on a number of properties increasing the City's overall Preserve acreage; and 3) drafted implementing ordinances and an implementing agreement to provide further assurance that the Subarea Plan will be implemented as described in the Plan, The City's Preserve will eventually encompass approximately 5,000 acres of the City's most sensitive open space areas. In addition, another approximately 4,200 acres outside the City's jurisdiction will be preserved as a result of development occurring within the City's urban boundaries. Lands set aside within the Preserve will be appropriately managed while still providing passive recreational opportunities for area residents and the public at large. The City of Chula Vista's Draft MSCP Subarea Plan was conditionally approved in May 2003. The City, U.S. Fish and Wildlife Service, and California Department of Fish and Game are finalizing and preparing to issue federal and state incidental take permits. Figure 21, Multiple Species Conservation Program Preserve Map Within the Redevelopment Areas shows there are no Conservation Areas in the Added Territory. 4.12.2 Project Impacts According the State CEQA Guidelines, a project could have a significant effect on biological resources if it would: . Affect sensitive or species of special concern or their habitats, sensitive natural communities, or federally protected wetlands, or interfere with the movement of wildlife species within wildlife corridors or nursery sites; or . Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, or with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. There are no sensitive biological resources in the Added Territory. There are not any Conservation Areas in the Added Territory based on information in Figure 21. Therefore, development in the Added Territory would not have any significant biological resource impacts. The previously referenced environmental documents have adequately addressed the biological issues associated with future development and redevelopment of the existing Redevelopment Project Areas. Therefore, this EIR only addresses the potential biological issues with the Added Territory. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 167 Bayfront Otay Valley Road ==:J Southwest T 0\1IJTl Centre I _I T own Centre II Pro Dosed Red9velooment I __. - -. Added leHllllry MSCP _100% .. n,.100o/.. >' - "" 1 I' t " 'I W+E S . 0;' ~c . _. Note: Graphics in the Draft Program EIR focus on the Added Territory only. Analysis of previous redevelopment project areas was completed pursuant to their respective environmental documents, Source: City of Chula Vista Figure 21 MSCP Preserve With Redevelopment Areas T Level of Significance Before Mitigation Because there are no known sensitive wildlife species or habitat In the Added Territory, development would not have any significant biological impacts. 4.12.3 Mitigation Measures Since no significant biological resource impacts have been identified no mitigation measures are recommended. 4.12.4 Significance After Mitigation There will be no significant biological impacts with adoption and implementation of the Amendments. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 169 . 4.13 CULTURAL RESOURCES 4.13.1 Existing Conditions Both archaeological and historical sites have been identified within the City of Chula Vista with exploitable resources, including water and lithic sources, are most likely to have archaeological remains present. These sites are expected to occur along ridge tops and terraces above river valleys. The types of sites that have been identified in the Chula Vista area range from isolated artifacts, such as ceramic sherds and stone tools, to multi-component campsites. Because the Added Territory is built-out any archaeological sites that may have been present have either been disturbed or covered during previous construction activity. The Added Territory is identified by the general plan as having areas of low and moderate potential for cultural resources. The areas of the City where archaeological resources are known to mostly exist include the undeveloped eastern section of the City. In addition, there are archaeological sites located in or near the Otay River Valley and the upper Otay area and Proctor Valley. Other areas that contain known cultural resources or are considered to be archaeologically sensitive include: the Poggi, Wolf and Telegraph Canyon areas, the lower Otay area, the south Sweetwater area (J anal Ranch area), and other areas where fauna and floral resources would have been available in prehistoric times to support a foraging subsistence pattern. The City of Chula Vista prepared a historical home survey in 1985 and includes 61 homes. Many of the historic sites consist of early homesteads and features associated with late 19th and early 20th century farming activities. Historic homesteads are known to be located generally in the Proctor Valley area. Other known homesteads occur in Bird Ranch and Otay Ranch. Paleontological resources also exist in Chula Vista. Based on the General Plan, most of the City has either high or moderate paleontological resource potential with some pockets of low resource potential. The property within the Added Territory is primarily of moderate paleontological resource potential. 4.13.2 Project Impacts According to the State CEQA Guidelines, a project could have a significant effect on cultural resources if the project would:: . Cause a substantial adverse change in the significance of a historical resource defined in 915064.5; . Cause a substantial adverse change in the significance of an archaeological resource pursuant to 915064.5; . Disturb any human remains, including those interred outside of formal cemeteries; or . Directly or indirectly disturb a unique paleontological resource or site or unique geological feature. Development in the Added Territory could impact existing archaeological and historical resources that are present. Although most of the property has been developed and disturbed in Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 170 the past associated with previous development, it is possible that maybe new construction could uncover archaeological and/or paleontological resources that were not uncovered in the past. Depending upon the significance of a discovered resource the impact could be significant. The significance of the resource would be evaluated by a qualified archaeologist and measures would be incorporated to protect the resource in compliance with Section 21083.2 of the California Public Resources Code. Pursuant to Public Resources Code 21083.2, an archaeologist and the City will determine the measures that will be implemented to either protect the resources in place, or excavate and relocate the resource to an appropriate location for preservation or display. There are no known historical buildings in the Added Territory that would be impacted by future development activity. However, there may be buildings that could be candidates as historical buildings that if demolished or remodeled could be impacted. When development plans that require the demolition or remodeling an existing building are submitted for approval, the City will determine whether or not the building could be historical. If a building has the potential to be historic, the City would require a historical building survey. If the survey concludes the building could be historically significant, the City would require measures to protect and preserve the building. At this time, there are no known buildings in the Added Territory that would be impacted due to development, thus the Amendments are not anticipated to have any impacts to historical resources. Level of Significance Before Mitigation 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 Territory. Although there are not any known historical buildings in the Added Territory, some buildings may be candidates as a historical resource and could be significantly impacted if demolished or remodeled. 4.13.3 Mitigation Measures The following measures are recommended to mitigate potential impacts to archaeological, paleontological, and historical resources: 1. Implementation as required by the City or Agency, as appropriate, of the following measures associated with grading and construction of a site with the potential to contain archaeological and/or paleontological resources: Phase 1: Phase I shall consist of a qualified archaeologist or paleontologist doing a literature and records search, surface study, subsurface testing if necessary, the recordation of any sites, and a recommendation regarding the need for further work. Phase 2: If it is determined during Phase I that further work is necessary, it shall consist of the following: a) A qualified archaeological or paleontologist monitor shall be present at a pre- grading conference with the developer, grading contractor, and the City's Environmental Review Coordinator. The purpose of this meeting will be to consult Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 171 . and coordinate the role of the archaeologist or paleontologist in the grading of the site. b) An archaeologist/paleontologist or designate shall be present during those relative phases of grading as determined at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert or halt grading to allow recovery of historical or fossil remains. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified archaeologist or paleontologist as determined by the Planning Director. The contractor shall be aware of the random nature of archaeological and paleontolgical resource occurrences and the possibility of a discovery of such scientific and/or educational importance that might warrant a long-term salvage operation or preservation. The Planning Director shall resolve any conflicts regarding the role of the archaeologist or paleontologist and/or recovery times. All projects shall be reviewed by the City or Agency, as appropriate, to determine ifthere are any known historical resources that would be impacted by a project. If a project would impact a historical resource, the City or Agency, as appropriate, shall require the project developer to preserve or photo document the resource before its demolition, or implement other measures to be determined by the Planning Director to mitigate the impact. 4.13.4 Significance After Mitigation No significant impacts to archaeological, historical, or paleontological resources are anticipated with adoption and implementation of the Amendments and incorporation of the recommended mitigation measures. Chula Vista Amended and Merged Redevelopment Plan Amendments Program EIR August 2003 Page 172 5.0 OTHER CEQA MANDATED EIR SECTIONS 5.1 CUMULATIVE IMPACTS Section 15130(a) of the CEQA Guidelines states "An EIR shall discuss cumulative impacts of a project when the project's incremental effect is cumulatively considerable, as defined in Section 15065(c)". Purther, Section 15355 of the Guidelines describes cumulative impacts as two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The cumulative impact from several projects is the change in the environment that results from the incremental impact of the project when added to other closely related past, present, and reasonable foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. Section 15130(b) of the Guidelines describes an adequate discussion of cumulative impacts as one which includes either of the following elements: I. A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency; or 2. A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area-wide conditions contributing to the cumulative impact. 5.1.1 Projects Evaluated for Cumulative Impacts Analysis This section examines cumulative impacts on a local basis. Por the purposes of this cumulative impact analysis, several scenarios of potential cumulative impacts were considered. Buildout of the City's General Plan, and more specifically, a list of individual projects that would not have been considered in the general plan have also been considered. Chula Vista General Plan. The General Plan designates land uses and anticipates development within the city into the future consistent with the General Plan. The Pinal Environmental Impact Report for the General Plan Update, herein incorporated by reference (Pinal Environmental Impact Report City of Chula Vista General Plan SCH 1988052511, EIR #88-2), projected the build-out of the General Plan. A copy of Pinal Environmental Impact Report City ofChula Vista General Plan SCH 1988052511, EIR #88-2 is available for review at the City of Chula Vista, 276 Pourth Avenue, Chula Vista, CA. The Pinal EIR for the General Plan evaluated the cumulative impacts related to the build out of the designated land uses and analyzed impacts. The General Plan EIR identified several significant and unavoidable cumulative impacts with build-out consistent with the General Plan. The environmental disciplines that were identified to have significant and unavoidable cumulative impacts upon build out of the General Plan included land use, population, housing, and employment. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 173 Individual Cumulative Projects. A list of individual cumulative projects was prepared for evaluation in this DEIR. The City of Chula Vista Planning Department was contacted to identify individual projects for inclusion in the cumulative analysis. The list of cumulative projects includes projects that are in the planning process, but have not been approved as well as projects that have been approved, but not constructed. The individual projects that are included in the cumulative analysis are listed in Table 10, Cumulative Projects List. Table 10 Cumulative Projects List i Date Case Address and Project Title Project Description Submitted 1-25-02 Eastlake III R-IO III condominium units 1 2-6-02 2515 Faivre Street Two 18,000 square foot metal buildings 2-8-02 Sonoma 119 single family residences J 3-5-02 Meridian 135 single family residences 1 3-11-02 Otay Ranch Village 5-Neighborhood R30A 150 multifamily condominiums . 3-11-02 IHitatchi Home ElectrOniCs 85,00 square foot two story tilt-up . . building with 308 parking spaces 3-14-02 60 I E. Palomar Street, Eastlake Village 378,000 square foot commercial i Marketplace shopping center j 3-14-02 . Altamira 68 single family detached homes that are , i part of a previously approved master i .plan. i 3-26-02 R-8, Village Six 336 apartments, a recreation center, 24 1 i offices for residents use as a home office , j or storage space. l 4-4-02 Multi-unit-triplex and cluster units 300 housing units comprised of III cluster courtyard units and 189 triplex units and a recreation center. i 4-15-02 Eastlake VR3 liS single family detached homes. 5-16-02 841 Kuhn Drive - Eastlake Medical Center 19,200 square foot, two story medical office with 96 parking spaces. , 5-29-02 995 Bay Boulevard - Bay View Industrial 31,781 square foot single story tilt up j Center building for a warehouse and office. 5-31-02 Eastlake III GDP 172 detached condominium units. 6-25-02 Lost Creek at Eastlake Vistas 82 single family residences. I 7-01-02 980 Broadway - Karina's Seafood Remove existing restaurant to construct Restaurant . new 8300 square foot restaurant. 7-11-02 1242 Blue Sage Way - Bridgepark at 93 single family detached units. Eastlake Vistas 8-9-02 Rosewood 139 single family residences in Otay , Ranch I 8-12-02 Cedar Creek R-9D 139 single family residences in Otay Ranch 8-12-02 830 Bay Boulevard - Marina Gateway 30,000 square foot single story concrete i tilt up building with 190 parking spaces for retail/warehouse use. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 174 Date Case Address and Project Title Project Description ( Submitted i 8-21-02 815 Ada Street- ADA Villas #2 15 town homes. I 9-04-02 Eastlake Terrace 420,000 square foot commercial j shopping center. . 8-22-02 Otay Ranch - R-10,_ Village 6 212 condominiums. , 9-12-02 Oakwood Development 106 single family residential units 10-21-02 881 Kuhn Drive, Eastlake, Lot 23 2 multi-tenant industrial buildings 10-29-02 910 Hale Place, Eastlake 34,000 square foot, two story building 11-13-02 732 Broadway - Broadway Village Mixed Use, retail, commercial, i residential. 11-19-02 i364 G Street - The Village G Street 19 units - three story condo/apartment. : 11-19-02 242 Kennedy Street - Tuscony Townbomes 21 garden-type residential units. . 12-18-02 Sienna 163 single family homes. 1-10-03 833 Broadway - Seniors on Broadway 41 one-bedroom units . 1-17-03 IWillo\Vs II - - - .55 single family detached units I 1-21-03 Eastlake Commerce Park Two multi tenant buildings for I commercial, industrial and warehousing . 1-22-03 Otay Ranch - R-9B Village 6 Multi-family residential site-town homes , i and small cottages , 1-23-03 Auburn Lane 92 single family units 1-28-03 Otay Ranch Village II-Neighborhood R-4 55 single family units 5.1.2 Cumulative Impacts Analysis While the extent of environmental changes that would occur with the individual developments identified above may not be significant, the sum of these related projects, including the adoption and implementation of the Amendments, has the potential to create significant cumulative environmental impacts in the Project Areas. Based on the analysis contained in Section 4.0 Environmental Impact Analysis, of this EIR, the project may contribute to cumulative impacts for hydrology/drainage and water quality, traffic and circulation, noise, public services and utilities, population and housing, and recreation. Hydrology/Drainage and Water Quality The construction of the cumulative projects in addition to development that is anticipated in the Added Territory, including new development as well as redevelopment of existing uses, could increase the amount of surface runoff that is generated to the area storm drain collection system. Increased surface flows due to the construction of cumulative projects could impact the storm drain system and its ability to adequately carry storm water. Por those areas where the existing facilities may be near or at their design capacity, additional surface water quantity could significantly impact the facilities. Projects will be reviewed by the city at the time plans are submitted for approval to determine if the existing storm drain system can handle the surface water that would be generated by the project. If it's determined the existing facilities are not adequate, the city would require the developer to construct the improvements necessary to handle the storm water. Although cumulative projects could significantly impact the existing storm Chula Vista Redevelopment Plan Amendment and Merger Program ErR August 2003 Page 175 , drain facilities, improvements would be provided as required by the various regulators (city and state) to mitigate the impact to a level of insignificance. Traffic and Circulation The development of the cumulative projects listed above in Table 6 would generate a significant amount of traffic to the city roadway system. Puture development in the Added Territory due to new development and redevelopment of existing uses would also generate traffic trips to the roadway system. The cumulative effect could significantly impact city threshold levels of service for intersections and roadways. In cases where projects would impact the roadway system the city would require the project developer to construct the roadway improvements necessary to provide acceptable levels of service. The construction of roadway improvements required by the city to master plan design standards would mitigate traffic and circulation impacts. Noise The short and long-term noise levels that can be expected from the development of the cumulative projects in conjunction with projects that may occur in the Added Territory could be significant. The cumulative noise levels that would occur during construction of cumulative projects would certainly increase the ambient noise level in the vicinity of each project. If there are several projects under construction simultaneously in one area the ambient noise level could increase significantly. Although the city has noise level criteria that must be met, the short-term cumulative noise impact could be significant. The long-term ambient noise level could also increase due to additional noise from the operation of cumulative projects. Additional traffic noise, operation of mechanical equipment and activities associated with the daily operation of business will increase the ambient, or background noise levels. The city has a noise ordinance that restricts interior and exterior noise levels. Although individual projects will have to provide measures accordingly to meet the city's noise criteria, the ambient noise level in the city could, and is expected to increase. Public Services and Utilities The development of the cumulative projects in conjunction with future development in the Added Territory would increase the demand on public services and utilities. Por those services and utilities that may be near their capacities, additional demand could significantly impact the ability of the service or utility company to meet the demand. In the case of water and sewage service, the city would require the proj ect developer to construct the improvements necessary to serve the project. In the case of services such as police, fire, and libraries the city collects impact fees that would be used to provide additional personnel, facilities, and/or equipment to serve the project. School districts require developers to pay school impact fees that are used to provide additional classroom space when needed. Measures that are required by the city and the respective utility to reduce and mitigate impacts of projects on public services and utilities will mitigate cumulative public service and utility impacts. Chula Vista Redevelopment Plan Amendment and Merger Program ErR August 2003 Page 176 Population and Housing The population and the number of housing units will increase in Chula Vista with development of the cumulative projects. The Amendments will allow the Agency to use a percentage of tax increment revenue to provide, upgrade, improve and construct low and moderate income housing as well as participate with developers to provide other types of housing. The cumulative impact with the development of the projects in Table 6 and residential units that may be developed in the Added Territory could result in a significant increase in the population and number of housing units in Chula Vista. Although residential development must be consistent with the general plan, additional residential development could have a significant impact on the population of Chula Vista. As the population increases the city may have revise their future population estimates to account for any increase. Recreation The development of the cumulative residential projects in conjunction with development that is anticipated to occur in the Amended Territory will increase the demand for recreational facilities, including parks, bicycle trails, and other recreational activities. The city requires developers to provide parkland or pay fees to provide parkland to serve residents. The use of developer fees or development of dedicated parkland will meet the recreational needs of city residents. Although the city requires developer fees to provide parkland, additional parkland beyond that provided by developers may be necessary resulting in a significant impact. While it is speculative at this time to identify and determine which environmental effects would or would not be significantly impacted due to cumulative project development (build-out of the City of Chula Vista General Plan and the listed cumulative projects), it can be stated with some certainty that Chula Vista would be impacted to some degree. The level of impact and its significance would be based upon the existing conditions and environmental setting in and near each project at the time of development. For those projects that have been approved, but not constructed, it is anticipated that appropriate mitigation measures have been incorporated into those proj ects accordingly to reduce potential significant environmental effects, or proper overrides have been adopted. For instance, when adequate public services or utilities are not available for a specific project, the city may require the project developer to provide the improvements or services necessary to serve the project and keep pace with development. The cumulative projects could have a significant impact on the existing infrastructure unless upgrades and improvements are completed at the time projects are constructed or the city completes upgrades on a large scale to serve future projects. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 177 T 6.0 GROWTH-INDUCING IMPACTS Section 15126.2(d) of the CEQA Guidelines requires an EIR to discuss the ways in which the proposed project could foster economic or population growth or the construction of additional housing, either directly or indirectly in the surrounding environment. Included in this analysis would be the potential for a project to remove obstacles to population growth. To illustrate this point, the CEQA Guidelines use as an example, the major expansion of a wastewater treatment plant that may allow for more construction and development with the service area. Increases in the population may tax existing community service facilities, requiring construction of new facilities that could cause significant environmental effects. In addition, the growth-inducing effects should include an assessment of how the project may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. The Guidelines further state that it should not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. The following discussion considers ways the proposed Amendments could encourage economic or population growth, either directly or indirectly. Generally, growth-inducing impacts refer to impacts from projects that possess such characteristics as being located in isolated, undeveloped or underdeveloped areas, necessitating the extension of major infrastructure (e.g., roadways, sewer and water lines and facilities, etc.) or other services or infrastructure that encourage "premature" or unplanned growth (i.e., "leap frog" development). In addition, projects that induce new development in nearby areas due to the provisions of major infrastructure, employment centers, or residential communities may be considered to have growth-inducing impacts. The objective of the Amendments is to reduce and eliminate blight in the Amended Project Area, encourage new development and improve the economic stability of Chula Vista. The adoption and implementation of the Amendments will provide the Agency with the ability to assist both the city and the private sector to upgrade and improve properties in the Amended Project Area that are blighted. Upgrading and improving blighted properties not only includes remodeling and reconstruction, but also demolition and construction of new buildings. Through the Amendments there are ways the Agency, in conjunction with property owners and the private sector, can reduce and eliminate blight for the good of the community. The adoption and implementation of the Amendments is anticipated to be the impetus to encourage new development in the Amended Project Area since it has not been redeveloped by the private community acting alone to date. Future growth within the Amended Project Area must be consistent with current land use and zoning designations based on the General Plan and zoning ordinance as amended from time to time. The private sector can remove blighted buildings and construct new buildings without the Amendments. However, the Amendments will allow the Agency the ability to participate with the private sector, including the use of eminent domain as restricted, to redevelop properties sooner than may occur with the private sector acting alone. Chula Vista Redevelopment Plan Amendment and Merger Program ElR August 2003 Page 178 Although the Amendments are considered growth inducing, it will not change the amount of development that can occur in the Amended Project Area based on the General Plan. The Amendments will not change the density or type of development that can occur. All development, whether assisted by the Agency or not, must be consistent with the General Plan that is in effect at the time projects are submitted to the City or Agency, as appropriate, for approval. The intensity of development that can occur currently would be the same with adoption of the Amendments. The difference is that the adoption and implementation of the Amendments is expected to encourage new development to occur sooner than presently exists. The adoption and implementation of the Amendments will encourage new development and redevelopment of blighted and underutilized properties and foster economic and population growth. There would be impacts associated with new development and redevelopment of properties. For those impacts that can be identified and anticipated at this time, mitigation measures have been recommended in this Program EIR to reduce the impacts to levels of insignificance or otherwise address the impacts. Some impacts are speculative to identify at this time due to the lack of detailed project information. The City or Agency, as appropriate, will evaluate proj ects for potential impacts at the time they are submitted for approval and conduct further review when required to comply with CEQA. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 179 T 7.0 PROJECT ALTERNATIVES In accordance with Section 15126.6(a) of the CEQA Guidelines, an EIR must contain "a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project," as well as an evaluation of the "comparative merits of the alternatives." In addition, Section 15 I 26.6(b) of the CEQA Guidelines states that "the discussion of alternatives shall focus on altematives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." This EIR concludes that the proposed Amendments would result in significant impacts to geology and soils, hydrology/drainage and water quality, traffic and circulation, aesthetics, noise, air quality, water service, police protection, fire protection, school facilities, wastewater service, hazards and hazardous materials, recreation and cultural resources; however, mitigation measures would reduce impacts to below a level of significance. No impacts to land use, solid waste, gas and electricity, cable and telephone, population and housing, and biological resources or City threshold and standards policy were identified in this EIR, and no significant, unavoidable impacts were identified. The alternatives described below have the potential to meet the objectives of the proposed Amendments. Each alternative is considered within this EIR for its ability to avoid, reduce, or mitigate significant physical environmental effects associated with the proposed Amendments, even in the event project objectives may be modified or such alternative is more costly. Three alternatives for the Amendments are considered and discussed in this section. These include the No Project alternative that is mandated by CEQA, Modified Project Area, and No Eminent Domain Alternative. The impacts of each project alternative are analyzed in Sections 7.1, 7.2, and 7.3 of this EIR. The review of alternatives include an evaluation to determine if any specific environmental characteristics would have an effect that is "significantly" different than the proposed project. A significant effect is defined in Section 15382 of the CEQA Guidelines as "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project." The discussion of alternatives provides: . A description of alternatives considered; . The identification of the impacts of the alternative; . A comparative analysis of the impacts of the alternative under consideration and the proposed project. The focus of this comparative is to determine if the alternative is capable of eliminating or reducing the significant environmental effects of the proposed project to a less than significant level; Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 180 · An analysis of whether the alternatives are feasible (as defined by State CEQA Guidelines, Section 15364, meet the objectives of the project (described in Section 3.0 of this EIR), and remain under consideration. Table 11, Comparison of Alternatives to the Amendments, summanzes the environmental impacts of the project altematives. 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'" ::E -e " '" E 6 -e " '" s < " '" 0:: E '" S '" ..9 '" ;> '" -e '" "'", "'- t;~ .- s > ~ ] ~ Up., '" ]oS I-< .... O.s 2 ~ i:: ~ I-; 0 0 ~ d.l r.n .... B;'Bg ~ ~ 0:;:; ~ t::::.... "'0 1;'-. I-< ~ "'0 J!3 .,g 0 p.. (l1 ;:::l ., ~ '" 9 '" ;>, '" U' g ,.c i:: B]'~ " '" '" a o ~ " .., " cT "'~ -:S ~ ~ 8 . ... "'-e i'P ~ ~ ~'E B ~ ~ CO.;!3 Go) o,~.~;< "'0 a....'" 8 '" '" '" ~ I=l IS -= r.n ~I-< .... ~ ........ Go) .:t=.tJ:~~:-g ;;; ~ '0"0' i5 ~.baas. , 7.1 ALTERNATIVE ONE - NO PROJECT The No Project alternative will preclude the Agency from adopting the Amendments, eliminating the opportunities and abilities for the Agency to assist with the removal and/or upgrading of blighted properties in the Added Territory. The existing blighted conditions in the Added Territory will in all likelihood remain and continue well into the future. Since blighted properties in the Added Territory have been slow to be redeveloped on their own, the trend for the slow improvement of the properties will likely continue well into the future. The opportunity for the Agency to participate with a property owner, or developer, in the rehabilitation and/or demolition of the blighted properties will not be available with the No Project alternative. This project alternative will prevent the Agency from capturing additional tax increment from the Added Territory over the life of the plan. The tax increment from the Added Territory could be used by the Agency to upgrade and improve blighted conditions, including the construction of needed public improvements. The No Project alternative will prevent the Agency from collecting increased tax increment from the Added Territory and increasing bonded indebtedness limits, possibly preventing the Agency from having the monies necessary to assist with the construction of needed public infrastructure improvements and assist the private community to redevelop blighted properties. The No Project alternative will prevent the Agency from having the tools and funding necessary to improve the Added Territory to eliminate and reduce blight during this period. Existing blighted conditions, and lack of adequate public infrastructure will continue to exist well into the future making it more difficult for the city to upgrade and improve the economic and social climate within the Added Territory. The Agency is required by law to set aside at least 20% of the tax increment revenue from the Added Territory into a fund to provide, preserve and construct low and moderate income housing. The additional tax increment would allow the Agency the opportunity to provide additional revenue to provide additional low and moderate-income housing. The No Project alternative could prevent the Agency from assisting the city to provide more low and moderate income housing. The No Project alternative will significantly reduce the ability of the city to upgrade and improve blighted properties. There are numerous properties that need financial assistance in order to be redeveloped. The No Project alternative will prevent the Agency from assisting with the redevelopment of key properties that could provide jobs and increase the economic viability of the city. 7.2 ALTERNATIVE TWO - MODIFIED PROJECT AREA This alternative evaluates eliminating property from the Added Territory. The proposed Amendments include adding approximately 550 acres to be included with the Merged Town Centre II, Otay Valley and Southwest redevelopment plans. The Added Territory would increase the amount of property in redevelopment project areas. This alternative evaluates eliminating some of the proposed added territory. Chula Vista Amended and Merged Redevelopment Plan Amendments Program ErR August 2003 Page 189 The elimination of property from the Added Territory would not reduce or eliminate any significant environmental effects that may occur due to development specifically because the property is located in a redevelopment area. Project impacts, if applicable, will occur whether the project site is in a redevelopment area or not. Removing property from a project area would not prevent it from being developed. The removal of property from a redevelopment project area would eliminate the redevelopment of the property with assistance from the Agency. The property could be developed consistent with the Chula Vista General Plan whether or not it is in a redevelopment project area. Development of property that is not included in a redevelopment project area would not eliminate environmental effects. Therefore, impacts are the same whether a project is in a redevelopment area or not. The removal of property from a redevelopment project area could delay the development of the property. Because some of the property has not been able to be redeveloped by the private sector acting alone, its removal could further delay development. The environmental effects that may occur due to development of the property would be delayed until a future date. The removal of property could have an economic impact on the success of the redevelopment plan by eliminating tax increment that would be generated from the project area. The loss of tax increment would reduce the amount ofrevenue the Agency has throughout the life of the project to redevelop the area. The area recommended to be included in the Added Territory was based on the need to develop the property and eliminate blight and improve the economic viability of the area. The removal of property from the project area could delay its development and eliminate long-term benefits such as eliminating blight. Again, there are no benefits from an environmental standpoint of eliminating any of the property because the potential environmental effects associated with their development would occur whether they are in the Added Territory or not. 7.3 ALTERNATIVE THREE - NO EMINENT DOMAIN This project alternative considers the adoption of the Amendments with no use of eminent domain. Although it is the intent of the Agency not to use eminent domain, there may be situations where its use is necessary to assemble parcels to complete a large project. Under this project alternative the elimination of the use of eminent domain by the Agency to assemble parcels could prevent development opportunities, which could include chances to eliminate blight and improve the economic viability of the community. The unavailability of eminent domain for the Agency mayor may not eliminate environmental impacts. On the one hand the private sector could still build projects, however they would have to acquire and assemble properties on their own without any assistance by the Agency. If they purchase and assemble properties and develop their projects the environmental issues associated with the project would exist independently of whether the Agency or developer purchases and assembles the property. For projects that do move forward, there could be significant environmental impacts associated with their development. Thus, the lack of the ability to use eminent domain to assemble a property for development would not eliminate the environmental Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 190 T impacts associated with the proj ect. In a case when a proj ect doesn't move forward because the private sector could not purchase properties through negotiations with the landowner, the lack of the ability to use eminent domain to acquire property would eliminate the impacts that would have been associated with the project. The main difference is without the authority to use eminent domain, private projects may move forward at a slower pace, or not at all. Because it may take the private sector longer to acquire and assemble properties, development may move forward at a slower pace than if the Agency has eminent domain authority to acquire property. Or, the private sector may not be able to negotiate the purchase of property and development would not occur at all. In this case, any environmental impacts associated with a specific project would be eliminated since the project would not be constructed. This project alternative could prevent or significantly reduce the effectiveness of the Agency to eliminate blight, which is an objective of the Amendments. Ifthe private sector wants to develop blighted properties and cannot purchase the properties, the projects would not move forward. If the Agency cannot assist the private sector to purchase the blighted properties with the use of eminent domain the blighted properties could remain for many years, which could continue to discourage future development. However, if the Agency has the authority to use eminent domain to acquire the properties, development could occur and blighted properties could be improved. Project Alternative Summary This Program EIR provides a range of viable project alternatives to the proposed Amendments. The adoption and implementation of the Amendments would not directly have any significant adverse environmental effects. The Amendments would indirectly result in significant environmental effects associated with the future development that is likely to occur based on the land uses allowed by the General Plan. The City of Chula Vista General Plan EIR identified significant adverse impacts that would occur with development consistent with the General Plan. Although future development would have significant environmental impacts, the impacts would occur with or without properties being placed in a redevelopment area. The project alternatives addressed in this EIR would not eliminate the indirect adverse environmental impacts that could occur with adoption of the Amendments. The adoption of the Amendments would encourage development in the Added Territory. As noted, development consistent with the General Plan would result in significant environmental impacts as identified in the Chula Vista General Plan EIR. The only alternative that would eliminate all significant environmental effects associated indirectly with adoption of the Amendments would be no development. Development will occur whether properties are in a redevelopment area or not. Thus, there will be environmental impacts independent of property in a redevelopment area or not. None of the alternatives presented have eliminated any significant adverse impacts. The No Project alternative could eliminate short-term impacts associated with the construction of needed public improvement projects such as storm drains, street improvements, water system upgrades, etc. However, the inability of the Agency to construct needed public improvements could have Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 191 greater impacts in the long-term by not improving the economic viability and removing blight if the improvements are not completed than the short-term impacts that could occur with their construction. The city can construct public improvement projects when funding becomes whether the projects are in a redevelopment area or not and any impacts due to construction would occur whether the project is funded by the city, Agency, or both. Although the city can construct the projects now financial assistance by the Agency could result in their construction much sooner than the city acting alone. In summary, none of the Project Alternatives will completely eliminate any significant environmental impacts that have been identified with the adoption and implementation of the Amendments. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 192 8.0 SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES As required by Section 15126.2(c) of the CEQA Guidelines, the significant effects of a project shall be identified. Irreversible commitments of resources are evaluated to assure that their use is justified. Irreversible environmental changes fall into three categories: primary impacts, such as the use of nomenewable resources; secondary impacts, such as highway improvements which provide access to previously inaccessible areas; and environmental accidents associated with a project. The adoption of the Amendments will not directly have any significant irreversible environmental changes since development would not occur directly upon the adoption of the Amendments. In the long-term the adoption and implementation of the Amendments will encourage development. Future development may include remodeling and rehabilitation of existing buildings or the demolition of existing buildings and the construction of new buildings. Development may also include the construction of public improvement projects including the construction of infrastructure improvements. The construction of public and private projects are anticipated to have environmental effects as discussed above in Section 4.0 of the Program EIR. It is too speculative at this time to identify the specific irreversible environmental impacts that may occur with future public and private development because plans are not available at this time. The potential impacts that could be identified without speculation have been identified above and measures suggested as appropriate to reduce potential impacts in compliance with CEQA. Further environmental review for individual public and private projects may be required by CEQA at the time development plans are submitted to the city for approval. The city will conduct additional environmental analysis as required by CEQA at the time projects are submitted for approval. Potential environmental effects that could be associated with new private and public projects include increase traffic and traffic congestion, increased air quality emissions during grading and construction and throughout the life of the project, increased noise levels during project grading and construction and throughout the life of the project, land use impacts associated with incompatible land use or inconsistent density, aesthetic impacts, and an increased need for public services and utilities that extend beyond their capacity. Once a project is submitted for approval, the city or Agency, as appropriate, will review the project and make a determination whether or not the project could have significant environmental effects as defined by CEQA. If the city or Agency, as appropriate, determines a proj ect could have significant impacts subsequent environmental studies may be required. In that case, the city will prepare the necessary environmental documents to evaluate the potential impacts in compliance with CEQA. The Amendments will not create or generate any significant irreversible environmental changes that would not occur without the adoption and implementation of the Amendments. Development that occurs after adoption of the Amendments can occur without the property being in a redevelopment area. The adoption and implementation of the Amendments will not have any significant irreversible environmental changes that are unique or solely associated with the Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 193 Amendments. The irreversible environmental changes that may occur with development under the Amendments can occur without property being in a redevelopment area. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 194 9.0 EFFECTS FOUND NOT TO BE SIGNIFICANT Based on completion of an Initial Study and Notice of Preparation the following environmental disciplines were identified as not having the potential to be impacted with adoption and implementation of the Amendments: energy; and mineral resources. A copy of the completed Initial Study and associated explanations as to why these environmental disciplines would not be impacted by the adoption and implementation of the Amendments is included as Appendix A of this document for review. Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 195 10.0 ORGANIZATIONS AND PERSONS CONSULTED The following persons and organizations were consulted and contacted during the preparation of this Program EIR: Lead Agency/Applicant: City of Redevelopment Agency of the City ofChula Vista Mr. Miguel Tapia Principal Community Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5291 Redevelopment Consultant: Mr. Jim Simon Rosenow Spevacek Group, Inc. 217 North Main, Suite 300 Santa Ana, CA 92701 (714) 541-4585 Environmental Consultant: Mr. Phil Martin Phil Martin & Associates 18195 Mc Durmott East, Suite C Irvine, CA 92614 (949) 250-0503 City of Chula Vista: . Benjamin Guerrero, Environmental Projects Manager . Mary Ladiana, Environmental Projects Manager . David Kaplan, Transportation Engineer . Nancy Ross, GIS Specialist . Dennis Larson, GIS Specialist . Efraim Iribe, Engineering Technician Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 196 11.0 BIBLIOGRAPHY The following documents were referenced for preparation of this Program EIR. Copies of these documents are on file with the City of Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA: 1. City of Chula Vista General Plan, Originally Adopted by Resolution No. 15176 July II, 1989, Reprinted September 1995 with Revisions through September 5,1995. 2. City of Chula Vista General Plan Environmental Impact Report (EIR #88-2) SCH #88052511. 3. City of Chula Vista Housing Element of the General Plan 1999-2004, Revised April 2002. 4. Bella Lago Precise Plan, Rezone, & Tentative Tract Map Final Environmental Impact Report, SCH No. 2002051138, March 2003. 5. Town Centre I/Bayfront Redevelopment Plan Amendment, EIR 98-2, SCH No. 98021056, May 1998. 6. Montgomery Specific Plan, Part One & Two, January 12, 1988, Resolution No. 13413, Part Three, September 13, 1988, Resolution No. 13780. 7. . Draft Natural Hazards/Geology Baseline Study, City of Chula Vista General Plan Update, Ninyo & Moore, January 6,2003. 8. Otay Valley Redevelopment Plan 9. Town Centre II Redevelopment Plan 10. Southwest Redevelopment Plan Chula Vista Redevelopment Plan Amendment and Merger Program EIR August 2003 Page 197 APPENDICES APPENDIX A INITIAL STUDY/NOTICE OF PREPARATION NOTICE OF PREPARATION To: Taxing/Reviewing Agencies From: Benjamin Guerrero Environmental Projects Manager City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91911 Subject: Notice of Preparation of a Draft Environmental Impact Report Project Title: Redevelopment Plan Amendment and Merger Project Applicant: Chula Vista Redevelopment Agency The Chula Vista Redevelopment Agency will be the Lead Agency and will prepare an environmental impact report for the proposed amendment and merger of the Chula Vista Redevelopment Plan. We are requesting the views of your agency as to the scope and content of the environmental information that is germane to your agency's statutory responsibilities in connection with the proposed project. The project description, location and the probable environmental effects are contained in the attached materials. A copy of the Initial Study is attached for your review. Due to the time mandated by State law, your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice, or no later than January 6, 2003. Please send your response to Mr. Benjamin Guerrero at the address above. We will need the name for a contact person in your agency. Signature: Benja 'n Guerrero Title: vironmental Projects Manager Telephone: (619) 476-5311 CITY OF CHULA VISTA ENVIRONMNETAL CHECKLIST FORM 1. Project Title: Redevelopment Plan Amendment and Merger 2. Lead Agency Name and Address: Chula Vista Redevelopment Agency, 276 Fourth Street, ChulaVista,CA 91911 3. Contact Persons and Phone Number: Benjamin Guerrero - (619) 476-5311 Project Description: The proposed amendment and merger of the Agency's five existing redevelopment projects ("Amendment") would commence a process to amend the five redevelopmenl plans as follows: 1) Merge the Redevelopment Plans for the Bayfront, Town Centre I, Town Centre II, Otay Valley, and Southwest Redevelopment Projects to create the Merged Chula Vista Redevelopment Project and Project Area ("Merged Project Area"); 2) Add approximately 400 acres of noncontiguous commercially and industrially zoned property in wesl Chula Visla inlo the Merged Project Area; and 3) Establish an amended and restated Redevelopment Plan for the Merged Project Area 10 aggregate tax increment revenues among the constituent redevelopment projecl areas, establishes uniform redevelopment plan policies, and designates distincl planning areas tailored to serve the needs of the various components of the Merged Project Area. The law would preserve each constituent redevelopment project's accounting, tax sharing formulas, and limitations. A map showing the proposed Merged Merged and Added Project Area is presented in Figures 1-3. Issue Potentially Significant hrpacl Potentially Significant Unless Mitigalion Incorporated less Than Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 . 0 0 Subslantially damage scenic resources, including bul not limited to, trees, rock outcroppings. and historic buildings within a state scenic highway? 0 . 0 0 Substantially degrade the existing visual character or quality of lhe site and its surroundings? 0 0 . 0 Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? 0 . 0 0 b) c) d) Comments: Response to la. Potentially Significant Unless Mitigation Incorporated. The City's general plan identifies all Major Thoroughfares as scenic corridors. Objectives and policies set forth in the General Plan regarding Scenic Corridors include, but are not limited to the enhancement of visual amenllies of local and regionai highway travel, preservation of scenic vislas, the encouragement of landscape medians, the construction of bike trail links, etc. -1- The proposed Amendment and Merger would not directly have any substanlial adverse effects on scenic vistas known to exist in the City. There is no development directly proposed with the adoption and implementalion of the Amendment and Merger. Therefore, the project would not directly have any adverse effects on scenic vistas. Indirectly, the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Merged and Added Project Areas. Although all development would have to comply -2- T l I I I I I ,.J ! '11 . J~''''I . l>!>: '~1'! ---- u .'" ,! ,'" ,\, .c:-'\ :'11., ": I. ." I \ "I . ,\,:-__ ~ ::11 ~ ' . 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' " ., " ..,,: ' , , \ -::\ ' \ 1. \ ~ ='z' "., '~~~\"""" \\.I..l........l -"",,' u~ A''',' ~~ . f.'" \ ~ ~,' ~'2,\..,\ .....,'_,_:..,...~,:'v....."<t;."J'-.. .,' "., ,\." ... '.'.', , _.-,-::::;-\~:: ~ , , ,\ :r,'.\' ,\ " \\~. iii~t ,--:'\:j~';'~:"~ ~-, ' .>" -,:\=; "''t3-% ca\>' ,..U>'."" ~ ... <,;$0 "ffiil"\~' '~ .,'~. '"cc.'~~~~~.{ :\'.,,,..-'~--' (-- ..,...--,:,,\, , . = 'z .' 'E2.~ ".}- ='zo..-::;' ~-uaq cc.' ,,,,,ut"'", ~~= ' ~.~ \ ,', ---)\-' ". , \;\' ,,-\ ~l~ , '~ ,,:~1Il~~"',,_ " \'.'''\<'''::\ , \::;;\.\\".:"\'; '~'~,,\. ,.,~'If!;_\',,,,,\'; ~),',." _ 1\":\,,'-' -, \'( ~'\V\\;'I,~..,\,:::,.\'''' \:K~~~\ ~!.-?~:.:;~: ~~ -~--~ , _.....,~ ~ , , -- ", ..-.-i; J, ~'"':'.,..-::---;"~;'-;;.'" ,,',,,'-P">' -_.....-, .....-r"'~.- -~- ----'(' , , ,\\":;,:.,,,,,,e;,<o-" ,"'~ S -----: ~a:..-::.'-'_.-'.. -_..-:''';< ", , , ,,--"':' ...---.--......-' "",,- ""..-.: -'" ---.~ , \ , \' , , , \ \\ , , ,'" ... 'z ~ ='z~-::; 'i'!:~5c::. 'U; '$0 ~ "'" ~~Q ~ "" ; ,,,',., ,... \ ...... , ... 'y-'" \ " ' / ' / ' / ' I ' i ' i ' / ' I ' , ------ \ ... ... ." \ I I I I i ( <I~ . 10..: ~ , , \ , , \ -\', ~I s.: ~ ~ t.S ~ ~ ~ ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I:li:: " = , , <D' = l=' = .11 ~ ~ ~ ~ ~ ~ ~ ~ ;:;: CJ:) ~ CC "'l.::: '- ~ ~ g: '- a5 ~ c::'j gj ::s: ~ ~ ~ ~ ~ ~ llil ~ ~ ~ ~ ~ !..; ~ ~ ~ ~ :!l: ~ SS ~ ~ ~ ~ ~ ~ "" ~ ~ g ~ ~ 1<1 !-. ~ lo;;: ~ 1<1 ~ ~ ~ ~ ~ ~ !!ll !!ll ~ "<: with the land use and density allowed by the Chula Vista General Plan there could be significant impacts to scenic vistas. The Draft Program EIR will evaluate the potential impacts that could occur to scenic resources in the City due to development with the adoption and implementation of the Amendment and Merger. Response to lb. Potentially Significant Unless Mitigation Incorporated. There are scenic resources in the City based on information in the General Plan. Scenic resources in Chula Vista include critical landforms such as Mother Miguel Mountain, the Bay. and open space elements such as greenbelts and trails. The proposed Amendment and Merger would not directly have any substantial adverse effects on scenic vistas in the City because development is not directly proposed with the adoplion and implementation of the Amendment and Merger. Therefore, the project would not directly have any adverse effecls on scenic vistas. The adoption and implementation of the Amendment and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Areas. Even though all developmenl would have to comply with the land use and density allowed by the Chula Visla General Plan, there could be significant impacts to existing scenic resources. The scenic resource impacts that could occur indirectly with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to Ic. Less Than Significant Impact. Some of the property in the Merged and Added Merged and Added Project Areas is blighted, by definition. The redevelopment of blighted property would not have any significant adverse aesthetic impacts, The redevelopment of blighted property would have positive aesthetic impacts for the area immediately adjacent to the site and the City overall. The redevelopment of blighted property would not have any adverse aesthetic impacts. All projects would have to be reviewed by City staff for compliance with City mandated codes and ordinances regarding building design. lighting, landscaping, etc. to ensure that all projects do not have any significant aesthetic impacts. Response to Id. Potentially Significant Unless Mitigation Incorporated. The proposed Amendment and Merger would not directly generate or cause any new sources of light or glare to existing uses within or adjacent to the Merged and Added Merged and Added Project Areas because development is not proposed directly and in conjunction with the adoption and implementation of the Amendment and Merger. Therefore, the project would not directly have any adverse effects on light or glare. The adoption and implementation of the Amendmenl and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Areas. New development andlor the redevelopment of existing uses would generate light and glare that could Impact surrounding land uses. The light and glare of new development would have to comply with all applicable City standards to minimize light and glare impacts to acceptable levels, The potential light and glare impacts that could occur indirectly with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Issue Potentially Significant Impact Potentially Significant Unless Mitigalion Incorporated less Than Significant Impact No Impact II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmenlal effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Departmenl of Conservation as an optional model to use in assessing impacts on agriculIural and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (FMMP) of the California Resources Agency, to non-agricultural use? 0 . o o -6- b) Conflict with existing zoning for agricultural use, or a Wiillamson Act contract? 0 o o . c) Involve olher changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 0 . o o Comments: Response to Ita. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. There are some existing agricultural uses in Chula Vista. Most of the agricullural operations are located in the eastern part of the city. The existing agricultural operations include land that is used primarily for dry land farming, such as barley. The agriculture uses in the Project Area include small acreages of strawberry fields. There is no prime agricultural land in the City of Chula Vista. The Amendment and Merger wouid not directly have any effect or impact the existing agricultural operations in the Projecl Area. However, development in the future couid COnvert land used to grow strawberries to other uses as designated by the General Plan. Response to lib. NO IMPACT. There is no property in the existing Merged and Added Projecl Areas or areas to be added that are zoned for agricultural use, or in a Williamson Act contract. Therefore. lhe a90ption and implemenlation of the Amendment and Merger would not impact any agriculturally zoned land or property that is in a Williamson Act contract. Response to lie. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. As stated in lIa above there are strawberries growing in lhe Projecl Areas. The adoption and implementation of the Amendment and Merger would not directiy impact the land used to grow strawberries, but indirectly the project could encourage the conversion of farmland to non-agricultural use as designated by the general plan. Issue potentially Significant Impact Potential Significant Unless Mitigation Incorporated Less Than Significant Irrpact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Wouid the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 0 0 0 . b) Violate any air quality standard or contribute substantially to an existing or projected air quality violalion? 0 . 0 0 c) Result in cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or stale ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 0 . 0 0 d) Expose sensitive receplors to substantial pollutant concentrations? 0 . 0 0 e) Create objectionable odors affecting a substantial number of people? 0 . 0 0 -7- Comments: Response to ilia. NO IMPACT. The Amendmenl and Merger would not directly conflict or obstruct implementation of any applicable air quality implementation plans. There is no develop men I direclly proposed with the adoption and implementalion of the Amendment and Merger lhat could cause a conflict or obstruction of any air quality plans. Therefore, the project would not directly have any adverse effects on air quality. The adoption and implementation of the Amendment and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Areas. New development or redeveiopment of existing uses in the Merged and Added Project Areas wouid generate air emissions. but not in grealer amounts than planned for by the City of Chula Vista General Plan since all development would have to comply with the General Plan. Thus, indirectly the Amendment and Merger would not conflict with or obstruct the San Diego County Air Pollution Control District from implementing all applicable air quality plans. Response to IIIb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly violate any air quality standard or contribute to an air quality violation because there is no development proposed with the adoption and implementation of the Amendment and Merger. The project would nol directly generate air emissions that would cause a violation of any air emission or have an adverse effect on air quality. The adoption and implementation of lhe Amendment and Merger could indirectly encourage development. New development or the redevelopment of existing uses would generate air emissions that could exceed air quality standards, The potential air quality impacts that could occur indirectly with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to lIIe. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The San Diego County Air Pollution Control District is atlainment for all air emissions, except carbon monoxide and particulate matler (PM,o). The Amendment and Merger would not directly violate any air quality standard or contribute to an air quality violation because there is no development proposed with the adoption and implementation of the Amendment and Merger. The project would not directly generate air emissions that would cause a cumulative impact to the District and cause the District to become non-atlainment for any pollutants. The adoption and implementation of the Amendment and Merger could indirectly encourage development that would generate air emissions. T he air emissions generated indirectly by d eveiopment would increase pollutants that could impact the air quality of the region. The potenlial air quality impacts that could occur indirectly with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to IIId. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly generate air emissions lhat wouid expose sensitive receptors to substantial pollutant concentrations because development is not proposed with the adoplion and implementalion of the Amendment and Merger. The project would not directly generate air emissions that would expose any person to substantial pollutant concentrations. The adoption and implementation of the Amendment and Merger could indirectly encourage development that could expose sensitive receptors to substantial pollution concentrations, especially if there are sensitive receptors in close proximity to the project. The air quality impacts that could occur indirectly with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to lIIe. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly expose anyone to objectionable odors because development is not proposed with the adoption and implementation of the Amendment and Merger. Therefore, the project would not directly generate air emissions and odors that could be objectionable. -8- The adoption and implementation of the Amendment and Merger could indirectly encourage development. New development or redevelopment of existing uses could generate air emissions that could be objectionable to some people. The types of projecls lhat could be developed in the Merged and Added Project Areas would be based on the existing zoning for the property. The odor and the potential impacts of the odor to surrounding land uses will be addressed in the Draft Program EIR. Potentially Potentially Significant less Than Issue Significant Unless Miligalion Significant No Impact Incorporated Impact Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habit modifications, on any species identified as a candidate, sensitive. or special status species in local or regional plans. policies, or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 . 0 0 b) Have a substantial adverse effect on any riparian habital or other sensitive natural community idenlified in local or regional plans, policies. or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 . 0 0 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Waler Act (including, but not limited to. marsh, vernal pool, coaslal, etc.) through direct removal. filling, hydrological interruption. or other means? 0 . o o d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 0 . 0 0 e) Conflicl with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 . 0 0 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Conservation plan? 0 0 0 . Comments: Response to IVa. POTENTIAllY SIGNIFICANT UNLESS MITIGATION INCORPORATTED. The Amendment and Merger would not directly effect any species that is identified as candidate, sensitive, or special status species because no development is proposed with the adoption and implementation of the Amendmenl and Merger. Therefore, the project would not have any direct impacts to biological resources. The adoption and implementation of the Amendment and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Area, which could impact biological resources. Some of the property in the Merged and Added Project Areas is considered to be sensitive and development that removes or indirectly impacts sensitive habitat would have potential significant impacts. T he potential -9- biological impacts that could occur indirectly with lhe adoption and implementation of the Amendment arid Merger will be addressed in lhe Draft Program EIR. Response to IVb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATTED. The proposed Amendment and Merger would not directly resull in any developmenl thai would directly impact riparian or other sensitive habitat because no development is proposed with the adoption and implementation of the Amendment and Merger. The adoption and implementation of the Amendment and Merger could indireclly encourage development in the Merged and Added Merged and Added Project Area, which could impact riparian habitat. There is riparian habitat in some of the Merged and Added Project Areas that could be impacted indirectly due to future development. The potential impacts that could occur indirectly to riparian and other sensitive habitat with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to IVc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATTED. The Amendment and Merger would not result in any development lhat would directly impact native resident or migratory defined wetland habilat because there is no development proposed wilh the adoption and implementation of the Amendment and Merger. Thus. the project would not directly have any impacts to wetland habitat. The adoption and implementation of the Amendment and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Area, which could impact wetland habitat. The potential impacts that could occur indirectly 10 wetland habitat in and adjacent to the Merged and Added Project Area due to the adoption and implementation of the Amendment and Merger will be addressed in lhe Draft Program EIR. Response to IVd. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATTED. The Amendment and Merger would not result in any development that would directly impact migratory fish or wildlife species because there is no developmenl proposed with the adoption and implementation of the Amendment and Merger. The adoption and implementation of the Amendment and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Area, which could impact migratory fish and wildlife species. The habitat in some of lhe Merged and Added Project Area thaI serves migratory fish and wildlife species could be impacted indirectly with development. The potential impacts that could occur indirectly to migratory species with the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to IVe. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATTED. The Amendment and Merger would not result in any development that would directly impact local ordinances that protect local biological resources because there is no development proposed with the adoption and implementation of the Amendment and Merger. The adoption and implementation of the Amendment and Merger could indirectly encourage development in the Merged and Added Merged and Added Project Area, which could impact local biological resources. The existing woodland habitat known to exist in some of the Merged and Added Project Area could be impacted indirectly due to development. Developmenl in the Merged and Added Merged and Added Project Area that impacts trees and other local biological resources could be in conflict wilh local ordinances that protect these resources. The potential impacts to local biological resources that are protecled by ordinance due indirectly to adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to IVf. NO IMPACT. The proposed Amendment and Merger would not result in any development that would directly or indirectly impact adopted habitat conservation plans since there are no adopted plans in the City of Chula Vista. -10- Potentially Potentially Significant Less Than Issue Significant Unless Miligation Significant No Impact Incorporated Impact IlTlJact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined In 915064.5? 0 . 0 0 b) Cause a substanlial adverse change in the significance of an archaeological resource pursuant to 915064.5? 0 . 0 0 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 . 0 0 d) Disturb any human remains, including those interred outside of formal cemeteries? 0 0 0 . Comments: Response to Va. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. There are known historical resources in the City. In addition to know historical resources, there are areas in the city, including the Merged and Added Project Area, where historical resources exist even though they have not been identified. The Amendment and Merger would not result in development that would directly impact historical resources because no development is proposed with the adoplion and implemenlation of the Amendment and Merger. The project would not directly have any impacts to historical resources. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Merged and Added Project Area and impact historical resources. Any historical resource as defined in 915064.5 of the CEOA Guidelines that are indirectly Impacted by development would have to be protected or preserved. The Impacts that could occur indirectly to local historical resources in and adjacent to the Merged and Added Merged and Added Project Area due to the adoption and implementalion of the Amendment and Merger will be addressed in the Draft Program EIR. Response to Vb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. There are known archaeological resources in the C ily. I n addition, t here a re areas w here archaeological resources are suspected to exist although they have not been identified. The Amendmenl and Merger would not result in any development that would directly impact archaeological resources because there is no development proposed with lhe adoption and Implementation of the Amendment and Merger. Indirectly the adoplion and implementation of the Amendment and Merger could encourage development in the Merged and Added Projecl Area, which could impact archaeological resources that are present. An impact to archaeological resource as defined in 915064.5 of the CEOA Guidelines would have to be protected or preserved in compliance with CEOA. The impacts that could occur indirectly to archaeological resources in and adjacenl to the Merged and Added Project Area due to the adoption and Implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to Vc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. There are areas in the Project Area that are suspected to have paleontological resources. based on information in the Chula -11- Vista General Plan. Therefore, the adoption and implementation of lhe Amendment could directly or indirectly Impact paleontological resources. Response to Vd. NO IMPACT. There are no known cemeteries in the Merged and Added Project Area. The adoption and implementation of the Amendment would not have any direct or indirect impacts to cemeteries. Potentially Potentially Significant less Than Issue Significant Unless Mitlgation Significant No Impact Incorporated Impact Impact VI. GEOLOGY AND SOilS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake faull, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the Area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. . 0 0 0 ii) Strong seismic ground shaking? . 0 0 0 iii) Seismic related ground failure, including liquefaction? . 0 0 0 iv) landslides? . 0 0 0 b) Result in substantial soil erosion or the loss of topsoil? 0 . 0 0 c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-sile or off-site landslide, lateral spreading, subsidence. liquefaction, or collapse? 0 . 0 0 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 0 . 0 0 e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 0 0 0 . Comments: Response to Vial. POTENTIALLY SIGNIFICANT IMPACT. The City of Chula Vista is traversed by five faults, including two potentially active faults. These faults affect all development in the City. The Amendment and Merger would not directly resull in any development. Therefore, the five faults that are known to traverse Chula Vista would not direclly impact or be impacted by development. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Projecl Area, which could impact or be impacted by faults known to exist in the area. The potential impacts to development thai could occur indirectly with the adoption and implementation of the Amendment and Merger due to faults will be addressed in the Draft Program EIR. -12- Response to Vlaii. POTENTIALLY SIGNIFICANT IMPACT. Faults are known to exist in the City of Chula Vista. which can cause seismic ground shaking and affect development in the City. Seismic ground shaking would not directly impact development in the Merged and Added Project Area because the Amendment and Merger would not directly result in any development. Indirectly the adoption and implementation of lhe Amendmenl and Merger could encourage development in the Merged and Added Project Area, which could be impacted by groundshaking. The potential impacts that could occur indirectly to development due to faults will be addressed in the Draft Program EIR. Response to Vlaili. POTENTIALLY SIGNIFICANT IMPACT. The City of Chula Vista has areas that are subject to liquefaction and subsidence. Some of these areas are located in the Merged and Added Project Area, particularly in the coastal area closest to the San Diego Bay. The Amendmenl and Merger would not directly result in any development. Therefore, areas known to have liquefaction and subsidence would not directly impact future development. Indirectly lhe adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area, which could be impacted by liquefaction and/or subsidence. Future development in the Merged and Added Project Area with liquefaction or subsidence could indirectly be impacted by the seismic related conditions. The potential impacts that could occur indirectly to development due to the presence of liquefaction and subsidence will be addressed in the Draft Program EIR. Response to Vlaiv. POTENTIALLY SIGNIFICANT IMPACT. There are areas in Chula Vista where the physical and chemical properties of soil materials and their geologic setting can cause landslides. The City of Chula Vista planning area appears to contain a unique combination of bentonite malerial intermingled with the geological formation known as lhe San Diego Formation. which is extremely susceptible to landslides. The presence of bentonite and other sedimentary clay deposits is directly related to susceptibility to sliding. The Amendment and Merger would nol directly result in any development. Therefore, areas in the Merged and Added Project Area that are susceptible to landslides would not impact or be impacted by development associated with the Amendment and Merger. Indirectly the adoption and impiementation of the Amendment and Merger could encourage development in the Merged and Added Project Area, which could impact or be impacted by landslides if development occurs in areas susceptible to landslides. The potential impact of landslides on development that could occur indirectly with adoption and implementation of the Amendment will be addressed in lhe Draft Program EIR. Response to Vlb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendmenl and Merger would not directly result in development. Therefore, there would not be any soil erosion impacts to development in the Merged and Added Project Area. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area, which could cause or be impacted by soil erosion. Measures to reduce and prevent soil erosion would have to be incorporated into future projects accordingiyto minimize soil erosion impacts. The potential soil erosion and topsoil impacts that could occur indirectly due to development in the Merged and Added Projecl Area will be addressed in the Draft Program EIR. Response to Vie. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in development. There would not be any geotechnical impacts directly to development since development would not occur with adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area, which could be impacled by geotechnical conditions in the Merged and Added Project Area. Future development in the Merged and Added Project Area would have to be evaluated for potential geotechnical impacts at the time development plans are submitted to the City for approval. The potential geotechnical impacts on development that could occur indirectly with adoption and implementation of the Amendment will be addressed in the Draft Program EIR. -13- Response to Vld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in development. Therefore, there would not be any impacts to development in the Merged and Added Project Area due to expansive soil Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area, which could be impacted by expansive soil. Expansive soil exists throughout the City, including the Merged and Added Project Area. Future development in the Merged and Added Project Area would have 10 be evaluated for potential impacts due to expansive soil at the time development plans are submitted to the City for approval. The potential impacts 0 f expansive s oilt 0 development that could occur indirectly with adoption and implementation of the Amendment will be addressed in the Draft Program EI R. Response to Vie. NO IMPACT. The City of Chula Vista requires all development to be connected to the existing public sewer system. Therefore, the adoption and implementation of the Amendment would not have any impacts to soils directly or indirectly since septic tanks are not permitted for new development. Potentially Potentially Significant Less Than Issue Significant Unless Mitigation Significant No I~act Incorporated Irrpact Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport. use. or disposal of hazardous materials? 0 0 . 0 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materiais into the environment? 0 0 . 0 c) Emit hazardous emissions of handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 0 0 . 0 d) Be located on a site which is included on a list of hazardous materials siles compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significanl hazard to the public or the environment? 0 . 0 0 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within \WO miles of a public airport or public use airport, would the project result in any safety hazard for people residing or working in the Merged and Added Project Area? 0 0 . 0 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the Merged and Added Project Area? 0 0 0 . g) Impair impiementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 0 0 0 . -14- h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? o o o . Comments: Response to Vila. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not direclly result in development. Therefore, lhere would not be any impacts directly associated with the physical transport, use or disposal of hazardous materials with adoption of the Amendment and Merger. Indireclly the adoption and implementation of the Amendment and Merger could encourage development, which could involve the transport, use or disposal of hazardous materials. The type of businesses lhat are allowed in the Merged and Added Project Area consistent with the zoning ordinance includes the use of hazardous materials. Local, state and federal regulations require the safe use, transportation and disposal of all hazardous materials and compliance with all applicable laws and regulations would minimize hazardous material impacts. Response to Vllb. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in development. Therefore, there would not be any impacts direclly associated with an upset or accident involving the release of hazardous materials into the environment. Indirectly the adoption and implemenlation of the Amendment and Merger could encourage development in the Merged and Added Projecl Area. There are uses in the Merged and Added Project Area lhat allow the use of hazardous materials. All land uses in the Merged and Added Project Area must comply with applicable local, state and federal laws and regulations. Compliance with all laws and regulations for the safe storage and use of hazardous materials would reduce potential impacts to a level less than significant. Response to Vile. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not direclly result in development. Therefore, the adoption of the Amendment would not directly result in the emission of hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. If existing hazardous sites within one-quarter mile of existing or proposed schools are developed studenls and administrators could potenlially be exposed to hazardous emissions. Compliance with all applicable local, state and federal regulations would minimize potential impacts to schools with the use of hazardous materials or the accidental release of a hazardous material during projecl demolition and construction. Response to Vlld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. There are several hazardous sites in the Project Area. One known superfund site is the Otay Valley Land bank site located on lhe north side of Main Street. There is the possibility that there are other hazardous siles in the project area that are unknown and may remain unknown until development occurs. The adoption and implementation of the Amendment and Merger could indireclly result in new development that uncovers unknown hazardous waste sites sooner than without the project. Response to Vile. LESS THAN SIGNIFICANT IMPACT. The Merged and Added Project Area is located within two miles of Brown Field airport. Development that is anticipated to occur with the proposed Amendment and Merger is not anticipated 10 have any impacts on lhe Brown Field or its airport land use plan. Response to Vllf. NO IMPACT. As stated in Vile above. there are no private airstrips in the Merged and Added Project Area. Thus, the Amendment and Merger would not impact people residing or working in the Merged and Added Project Area. -15- Response to Vllg. NO IMPACT. The Amendment and Merger would not directly result in development. The adoption of the Amendment and Merger would not directly impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. All development would have to meel and comply with City adopted emergency evacuation plans and emergency response plans. Because all development In the Merged and Added Project Area must be consistent with and comply with the Cily of Chula Vista General Plan, development that 0 ccurs indirectly d ue tot he A mendmenl and Merger would not have any impacts to emergency response or evacuation plans. Response to Vllh. NO IMPACT. Based on the Chula Vista General Plan, none of the Merged and Added Project Area is exposed to risk of loss, injury, or death involving wildland fires. The Amendment and Merger would nol indirectly expose future development to wildland fires. Issue Potentially Significant Impact Potentially Significant Unless Miligation Incorporated No Impact Less Than Significant Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project a) Violate any water quality standards or waste discharge requirements? 0 o o . b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting nearby wells would drop 10 a level, which would not support existing land uses or planned uses for which permits have been granted)? 0 . o o c) Substantially alter the existing drainage pattern of the site or area. including through the alteration of lhe course of a stream or river, or subslantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? 0 . o o d) Create or contribute runoff water which would exceed the capacity of exisling or planned slorm waler drainage systems or provide substanlial additional sources of polluted runoff? 0 o . o e) f) OthelWise substantially degrade water quality? 0 o . o Place housing within a 1 DO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 . o o g) Place within a 1 DO-year flood hazard area slructures, which would impede or redirect flood flows? 0 . o o h) Expose people or structures to a significant risk of loss. injury. or death involving flooding, including flooding as a result of the failure of a levee or dam? 0 . o o -16- i) Inundation by seiche, lsunami, or mudflow? D . D D Comments: Response to Villa. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly violate any water qualily standards or waste discharge requirements because no development is proposed as part of the Amendment. Indirectly the adoption and implementalion of the Amendment and Merger could encourage development in the Merged and Added Project Area that could resull in the discharge of surface water and violate water quality or waste discharge standards. The runoff from development sites would have to meet and comply with all applicable surface water discharge requirements adopted by the San Diego Regional Water Quality Conlrol Board. There could be surface water quality impacts associated with some projects. The surface water quality impacts due to development indirectly with the adoption and implementation of the Amendment will be addressed in the Draft Program EI R. Response to Vlllb. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in any development or other activities that would deplete or interfere with groundwater recharge. Therefore, lhe adoption of the Amendment would not result in any impacts to local groundwater. Indirectiy the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Development could reduce the area available for groundwater recharge and indirectly affect groundwater supplies. Since the City of Chula Vista does nol obtain its water supply from the local groundwaler it is not anlicipated that future development in the Merged and Added Project Area would significantly impact the local groundwater or the City of Chula Visla's source of water supply. Response to Vlllc. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in development or other activilies that would impact or alter existing drainage patterns within the Merged and Added Project Area. Therefore, the adoption of the Amendment would not directly have any impacts to drainage pallerns in the Merged and Added Project Area. Indireclly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. New development or redevelopment of existing uses would have to meet and comply with the General Plan. Since developmenl must be consistenl with the General Plan. it is not anticipated that development that would Occur indirectly with adoplion of the Amendment and Merger would significantly alter existing drainage pallerns or the course of a stream or river and result in flooding. Response to Vllld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any developmenl or olher activities that would contribute runoff that could impact the capacity of the existing or planned storm drain system serving the Merged and Added Project Area. The adoption and implementation of the Amendment would not directly have any impact to the existing storm drain system in the City. Indirectly the adoption and implementalion of the Amendment and Merger could encourage development in lhe Merged and Added Project Area. New development or redevelopment of existing uses could increase runoff and impact the capacity of the slorm drain system serving the site. The impact of runoff in the Merged and Added Project Area due indirectly with the adoption and implementation of the Amendment will be addressed in the Draft Program EIR. Response to Vllle. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. Please see Response Villa above. Response to VII If. NO IMPACT. The Amendment and Merger would not directly result in development or other activities that would place housing in a 1 DO-year flood zone. The Amendment would not directly have' any flooding impacls to housing. -17- Indirectly the adoplion and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Although there are areas of the City of Chula Vista that are subject to flooding by a 1 OO-year storm, development that may occur indirectly with the adoption and implementation of the Amendment and Merger would not place housing in a 1 DO-year flood zone. The City requires that all development, including residential, be protected from a 1 DO-year slorm. Response to VlIIg. NO IMPACT. Please see Response Vllle above. Response to Vlllh. NO IMPACT. The Amendment and Merger would not directly result in any development or other activities that would expose residents or businesses to inundation due to the failure of a dam or levee. The adoption of the Amendment would not directly impact people or structures due to the failure of a levee or dam. The Chula Vista Planning Area has three major dams, including the Sweelwater, the Upper Otay, and the Savage (Lower Otay). Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area that could be exposed to inundation due to the failure of one of the three dams. The potential impacts of flooding due to the failure of a dam due indirectly with the adoption and implementation of the Amendmenl will be addressed in lhe Draft Program EIR. Response to Villi. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any development or other activities that would be impacted by a seiche or tsunami, Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Development in close proximity of the San Diego Bay could be impacted bya seiche based on information in the Chula Vista General Plan. The potential impact of a seiche or tsunami on development in the San Diego Bay area due indirectly with the adoption and implementation of the Amendment will be addressed in the Draft Program EIR. Potentially Potentially Significant Less Than Issue Significant Unless Miligation Significant No Impact Incorporated Impact l!'T1:lact IX, LAND USE PLANNING. Would the project: a) Physically divide an established community? 0 0 0 . b) Conflict with any applicable land use plan, policy, or regulation or an agency wit jurisdiction over the project (including but not limited to the general plan. specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 0 . c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 . Comments: Response to IXa. NO IMPACT. The Amendment and Merger would not directly result in any develop men I or other activities that would physically divide an. established community. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. All new development or redevelopment must be consistent with and in compliance with the adopted City of Chula Vista General Plan. Therefore, the Amendment would not indirectly conflict with the Chula Vista General Plan, zoning ordinance, or any other City adopted plan or policy. -18- Response to IXb. NO IMPACT. The Amendment and Merger would not directly result in any development or other activities that would conflicl with any land use plan or other adopted planning document Indirectly the adoption and implementalion of the Amendment and Merger could encourage development in the Merged and Added Project Area. All new development or redevelopment of existing uses must be consistent with and in compliance with the adopted City of Chula Vista General Plan and zoning ordinance. Therefore, the Amendment would not indirectly conflict with any City planning documenls that have been adopted to mitigate or avoid environmental effects. Response to IXc. NO IMPACT. The Amendment and Merger would not directly result in any development or other activities that would conflict with any habitat conservation plan or nalural community conservalion plan. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. All new development or redevelopment must be consislent with and in compliance with the adopted City of Chula Vista General Plan, zoning ordinance and other documents to protect habitat. The Amendment would not indirectiy conflict with any adopted conservation plan or natural community conservation plan. Issue Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X. MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known minerai resource that would be of value to the region and the residents of the state? o o . o b) Resull in the ioss of availability of a locally Important mineral resource recovery site delinealed on a local general plan, specific plan, or other land use plan? o o . o Comments: Response Xa. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in any development or other activities that wouid directly result in the loss of a mineral resource that wouid be of value to the region and state residents. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. There are mineral resources in Chula Visla that are being mined and are considered valuable to the City and the region. These mineral resources include sand and gravel and rock. The Chula Vlsla General Plan acknowledges these resources and has planned forlhe continued mining of these resources for the near fulure. Future development in the Merged and Added Project Area due indirectly with the adoption and implementation of the Amendment would protect the mineral resources in compliance with the General Plan. Response Xb. LESS THAN SIGNIFICANT IMPACT. See Response Xa above. Issue Potentially Significant Impact Potentially Significant Unless Miligation Incorporated less Than Significant Impact No Impact XI. NOISE. Would the project resull in: -19- a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance. or applicable standards of other agencies? 0 . 0 0 b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? 0 . 0 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 . 0 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 . 0 0 e) For a project located within an airport land use plan. or where such a plan has not been adopted, within lwo miles of a public airport or public use airport, would lhe project expose people residing or working in the Merged and Added Project Area to excessive noise levels? 0 0 0 . f) For a project within the vicinity of a private airslrip, would the project expose people residing or working in the Merged and Added Project Area to excessive noise leveis? 0 0 0 . Comments: Response Xla. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly expose people to noise levels in excess of standards or the noise ordinance because development is not directly proposed in conjunction with the adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. The Noise Control Ordinance of the City of Chula Vista provides policies to prevent noise and vibration. which may jeopardize the health or welfare of its citizens or degrade he quality of life. The development of property could expose people to noise levels during project construction aclivities and would be short-term impacts as well as the duration of the project, which would be long-term noise impacts. Although projects must comply with the Noise Control Ordinance of the City of Chula Vista people could be exposed to noise levels during short-term construction activities or long-term throughout the life of a project Potential noise impacts due indirectly to adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response Xlb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly expose people to excessive ground borne vibration or ground borne noise levels because development is not directly proposed in conjunction wilh the adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. The development of property could expose people to excessive ground borne vibration or ground borne noise levels. All development activities, including construction and operational phases. must comply with the General Plan and Noise Control Ordinance of the Cily of Chula Vista as it relates to vibration. Potential vibration impacts due indirectly to adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response Xlc. LESS THAN SIGNIFICANT IMPACT. The Amendment and Mergerwould not directly result in any development or other activities that would directly result in a permanent increase in the ambient noise level in the Merged and Added Project Area. -20- Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. The development of property could expose people to an increase in the ambient noise level. All development activities including the construction and operation phases must comply with the Noise Control Ordinance of the City of Chula Vista. Therefore, future development due indirectly to the adoption and implementation of the Amendment and Merger is not anticipated to result in any permanent increase in ambient noise levels greater than the levels allowed by lhe noise ordinance. Response Xld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any development or other activities that would direclly result in a temporary increase in the ambient noise level in the Merged and Added Project Area. Indirectly the adoption and implementation of lhe Amendment and Merger could encourage development in the Merged and Added Project Area. The development of property could expose people to a short-term increase in the noise level, especially during demolition and construction. All development activities including the conslruction and operalion phases must comply with the Noise Control Ordinance of the City of Chula Vista, however, short-term noise impacts could occur. The polential short-term noise impacts due indirectiy to the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program ElR. Response Xle. NO IMPACT. There are no public or private airports in the City of Chula Vista. The adoption of the Amendment would not direclly or indireclly expose people residing or working in the Merged and Added Project Area to excessive noise levels. Response Xlf. NO IMPACT. See Response Xie above. Issue Potentially Significant Irrpacl Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area either directly (e.g., by proposing new homes and businesses) or indireclly (e.g., through extension of roads or other infrastructure)? o . o o b) Displace substantial numbers of existing housing, necessilating the construction of replacement housing elsewhere? o . o o c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o . o o Comments: Response Xlla. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any development or other activities that would directly induce a significant population growth. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area to eliminate blight, upgrade existing deteriorated and underutilized buildings, etc.. could result in population growth. Future development in the Merged and Added Projecl Area due indireclly to the adoption and implementation of the Amendmenl and Merger must be consistent with the General Plan. Even though the General Plan has planned growth, il could occur sooner than planned due to the Amendment and Merger. The potential population growth due indirectly with the adoption and implementation of the Amendment will be addressed in the Draft Program EIR. -21- Response Xllb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any development or other activities that would displace existing housing requiring the construction of replacement housing elsewhere in the Merged and Added Project Area, or City of Chula Vista. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area to eliminate blight and upgrade existing deteriorated residences. This development could require the demolition of existing housing units and construction of replacement housing elsewhere in the City. The potential impact of displacing existing housing due indirectly with the adoption and implementation of the Amendment will be addressed in the Draf! Program EIR. Response X lie. P OTENTIALL Y SIGNIFICANT UNLESS MITIGATION I NCORPORATED. Please see Response Xllb above. Issue Potentially Significant Impact Potentially Significant Unless Miligation Incorporated less Than Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project result in substanliai adverse physical impacts associated with the provision of new or physically altered governmental facililies or the need for new or physically altered governmental facilities, the conslruclion of which could cause significant environmental impacls, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Fire protection? 0 . 0 0 b) Police protection? 0 . 0 0 c) Schools? 0 . 0 0 d) Parks? 0 . 0 0 e) Other public facilities? 0 0 0 . Comments: Response to Xllla. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not have any significanl impacts on the need for or provisions of new or physically altered fire prolection facilities to maintain acceptable response times because development is not directly proposed with the adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Depending upon lhe type of development, the density, and the abilily of the Fire Department to adequalely serve the development additional equipmenl and/or manpower may be required. The fire protection impacts due indirectly with the adoplion and implementation of the Amendment and Merger will be addressed in the Draf! Program EIR. Response to Xlllb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not have any significant impacts on the need for or provisions of new or physically altered police protection facilities to maintain acceptable response times or other performance objectives because development is not directly proposed with the adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Depending upon the type of development, the density, and the ability of the Police Department to serve the development additionai equipment and/or manpower may be required. The police protection impacts due indirectly wilh the adoption and implementation of the Amendment will be addressed in the Draf! Program EIR. -22- Response to Xlllc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not have any significant impacts on schools because development is not directly proposed with the adoption of the Amendment and Merger. Indirectly t he a doption and implementation of lhe Amendment and Merger could encourage residential development in the Merged and Added Project Area. New development could generate new students to area schools either directly from residential development or indirectly with commercial or industrial development. The generation of additional sludents either directly or indireclly could impact schools if they are at or over capacity. The indirect Impact of the adoption and implementation of the Amendment and Merger on schools will be addressed in the Draft Program EIR. Response to Xllld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any development or other activities that would directly result in the need for new parks or the expansion of existing parks. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area creating an additional demand for park facilities. Depending upon the type of development. the increased demand for parks and recreation facilities couid require construction of new parks or the expansion of existing facilities. The potential impact to parks and recreational facilities due indirectly with the adoption and implementation of the Amendment will be addressed in the Draft Program EIR. Response to Xllle. NO IMPACT. There are no other public facilities that would be impacted either directly or indirectly with the adoption and implementation of the Amendment and Merger. Issue Potentially Significant Illl'act Potentially Significant Unless Mitigation incorporated Less Than Significant Impact No lrrpacl XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o . o o b) Does the project include recrealional facilities or require the construction or expansion of recreational facililies which might have an adverse physical effecl on the environment? o . o o Comments: Response to XIVa. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Xllld above. Response to XIVb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Xllld above. Issue Potentially Significant Impact Potentially Significant Unless Miligation Incorporated less Than Significant Impact No Impact XIV. TRANSPORTATlONfTRAFFIC a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., resull in a substanlial increase in -23- Comments: b) either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 0 . 0 0 Exceed, either individually or cumulatively, a level of service standard established by the county congestion managemenl agency for designaled roads or highways? 0 . 0 0 Result in a change in air traffic patterns, including either an increase in traffic levels or a change in iocation that results in substantial safety risks? 0 0 0 . Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 . 0 Result in inadequate emergency access? 0 0 0 . Result in inadequate parking capacity? 0 . 0 0 Conflict with adopted policies. plans, or programs supporting alternalive transportation (e.g., bus turnouts, bicycle racks)? 0 0 0 . c) d) e) f) g) Response to XVa. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would nol directly cause a significanl increase in traffic because development is not proposed in conjunction with the adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development and generate traffic that could impact the capacity of the slreet system. The potential traffic impacts that could indirectly occur with the adoption and impiementation of the Amendment will be addressed in the Draft Program EIR. Response to XVb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORTED. The Amendment and Merger would not directly exceed service levels of roads or highways because development is not proposed in conjunction with the adoption of the Amendment and Merger. Indirectly the adoption and implementation of the Amendment and Merger could encourage development that could generate traffic that exceeds, either individually or cumulatively, the service level of the streets. The potential impacts of lraffic on roads and highways thai could indirectly occur with lhe adoption and implementation of the Amendment will be addressed in the Draft Program EIR. Response to XVc. NO IMPACT. The Brown Field airport is localed within two miles of the Project Area. However, development that can occur in the Project Area consistent with lhe General Pian is not anticipated to impact directly or indirectly Brown Field with the adoption and implementalion of the Amendment and Merger. Response to XVd. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in any development or other activities that could impact design features. indirectly the adoption and implementation of the Amendment and Merger could encourage development In the Merged and Added Project Area, which could require the design and construction of new intersections or roadways, The City would review all plans for new roadways and interseclions to assure their design is safe. It is not anticipated that the design and construction of new roadways or intersections due indirectly to the -24- adoption and implementation of the Amendment would result in any significanl impacts to roadways or intersections. Response to XVe. NO IMPACT. The Amendment and Merger would not directly result in development or other activities that would result in impacts for emergency access. Indirectly the adoption and implementalion of the Amendment and Merger could encourage development. New development or redevelopment could require emergency vehicle access. The City of Chula Vista Police and Fire Departments reviews all developmenl plans for proper emergency vehicle access as standard procedure. Development lhatwould occur indirectly with the adoption and implementalion of the Amendmenl and Merger would have be required to provide safe and effeclive emergency vehicle access prior to or in conjunction with project approval. The adoption and implementalion of the Amendment and Merger would nol have any indirect impacts on emergency vehicle access. Response to XVf. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORTED. The Amendment and Merger would not result in any developmenl or other activities that would directly impact parking. Indirectly the adoplion and implementalion of the Amendment and Merger could encourage developmenl in the Merged and Added Project Area and require parking. All development would be reviewed by the City for compliance wilh the City parking code. Depending upon the project there could be parking impacts if adequate parking is not provided. The potential parking impacts due indirectly wilh the adoption and implementation of the Amendment will be addressed in the Draft Program EIR. Response to XVg. NO IMPACT. The Amendment and Merger would not result in any development or other activities that would directly conflict with any adopted policies or plans supporting alternative transportation. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. All new development must comply wilh the General Plan, therefore future development is not anticipated to conflicl with City adopted policies or plans supporting altern alive forms of transportation. Issue Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated less Than Significant Impact No Il'11lacl XVI. UTILITIES & SERVICE SYSTEMS. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 o . o b) Require or result in the construction of new water or waslewaler treatment facilities or expansion of existing facilities, the conslruction of which could cause significant environmental effects? 0 . o o c) Require or result in the construcllon of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 . o o d) Have sufficient water supplies available to serve the project from existing entitlemenls and resources, or are new or expanded enlitlements needed? 0 . o o -25- e) Result in a determination by the wastewater treatmenl provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 . o o f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 0 o . o g) Comply with federal, state, and local statues and regulations related to solid waste? o o . o Comments: Response to XVla. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board because development is not proposed with the adoption of the Amendment and Merger. Indirectly the adoption and implementation of lhe Amendment and Merger could encourage development in the Merged and Added Project Area consistent with the General plan. Wastewater that is generated in the City of Chula Vista is treated at the City of San Diego Point Loma trealment plant. Development that occurs in the Merged and Added Project Area due indirectly to the adoption and implementation of the Amendment and Merger would not require the Point Loma plant to exceed wastewaler treatment requirements based on information in the General Plan. The Point Loma treatment plant would continue to meet discharge treatment requirements with or without the project. Response to XVlb. POENTIALL Y SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly require the construction of water or wastewaler treatment facilities or the expansion of existing facilities because development is nol proposed. Indirectly the adoption and implementation of lhe Amendment and Merger could encourage development. Some areas within the Merged and Added Project Area could require the extension of existing sewer and water facilities to serve new development. The extension of the facilities could indirectly have significant environmental effects, The potential impacts of expanding or extending sewer or water facilities due indirectly with lhe adoption and implementation of the Amendment will be addressed in the Draft Program EIR. Response to XVlc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Vllld. Response to XVld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in development or other activities that would impact existing or future water supplies. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Addilional development may require the City to obtain additional water supplies in order to properly serve development. The potential impacts of the adoption and implementation of the Amendment on water supplies will be addressed in the Draft Program EIR. Response to XVle. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger would not directly result in any development or other aclivities that would require the expansion of the Point Loma wastewater treatment plant. Indirectly the adoption and implementation of the Amendment and Merger could encourage development. Additional development could require the expansion of the Point Lama treatment plant to accommodate the additional wastewater generated by new development. The potential impacts of additional development on -26- wastewater treatment capacity due indireclly wilh the adoption and implementation of lhe Amendment and Merger will be addressed in the Draft Program EI R. Response to XVlf. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly resuit in any development or other activities that wouid generate solid waste. Therefore, the adoption of the Amendment would not direclly have any impacts on the capacity of landfills since no development is proposed in conjunction wilh the adoption of the Amendment. Indireclly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Additionai development could generate a net increase in solid wasle thai couid impact area landfills. The Chula Visla General Plan indicates there is adequate landfill capacily to serve the solid waste needs of the City based on build-out of the General Plan. Thus, the adoption and implementation of the Amendment and Merger is not anticipated to have indirect impacts on soiid waste. Response to XVlg. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in any development or other activities that wouid generate solid waste and impact the City's ability to meet and comply with solid waste regulations. The adoption and implementation of the Amendment and Merger would not impact the ability of the Cily to continue to meet all regulations and statues reiating to the collection, recycling, and disposal of solid waste. Potentially Potentially Significant less Than Issue Significant Unless Miligation Significant No Impact Incorporated IfllJacl Impact XVII. THRESHOLD ANALYSIS a) Exceed the Cily's fire/EMS Threshold Standards? 0 . 0 0 b) Exceed lhe City's police Threshold Standards? 0 . 0 0 c) Exceed the City's traffic Threshold Standards? 0 . 0 0 d) Exceed lhe Cily's park/recreation Threshold Slandards? 0 . 0 0 e) Exceed the Cily's drainage Threshold Standards? 0 . 0 0 f) Exceed the City's sewer Threshold Standards? 0 . 0 0 g) Exceed the City's water Threshold Standards? 0 . 0 0 h) Exceed lhe City's air quality Threshoid Standards? 0 . 0 0 i) Exceed the City's economics Threshold Standards? 0 0 0 . j) Exceed the City's schools Threshold Standards? 0 . 0 0 k) Exceed the City's libraries Threshold Slandards? 0 0 . 0 Comments: Response to XVlla. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Xilla. Response to XVllb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Xillb. Response to XVllc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response XIVa and XIVb. Response to XVlld. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Xlild. Response to XVlle. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response Villd. -27- Response to XVI/f. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response XVlb and XVle. Response to XVI/g. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response XVlb and XVld. Response to XVI/h. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response IIlb, I/Ic, II/d, and IlIe. Response to XViii. NO IMPACT. The adoption and implementation of the Amendment and Merger would not have any adverse economic impact to the City or Agency. The projecl would have positive economic impacts by providing the Agency additional sources of funds to obtain needed funding to construct needed projects in the Merged and Added Project Area as funds become available. Response to XVI/j. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. See Response XII/c. Response to XVI/k. LESS THAN SIGNIFICANT IMPACT. The Amendment and Merger would not directly result in any development or other activities that would impact libraries. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area. Additional development. especially residential, could increase the use of the three existing libraries. An increase in residential development would have to be consistenl with the General Plan. It is nol anticipated at this time that development in the Merged and Added Project Area in the future would significantly impact the existing libraries. Issue Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No ,,,,,,,ct XVIII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment. substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-suslaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal. or eliminate important examples of the major periods of California history or prehistory? o . o o b) Does the project have the impacls that are individually limited. but cumulalively considerable? ("Cumulative considerable" means lhat the incrementai effects of a project is considerable when viewed in connection with the effects of past projects, the effects of other current projects. and the effects of probable future projects? o . o o c) Does the project have environmentai effects, which will cause substantial adverse effects on human beings, either directly or indirectly? o . o o -28- Comments: Response to XVllla. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger is anticipated to encourage development in the Merged and Added Project Area, which could include properly adjacent to sensitive habitat, including riparian habitat along river corridors that are designated as open space by the General Plan. Future development that may occur indirectly with the adoption and implementation of the Amendment and Merger could resulI in development that impacts fish and wiidlife habitat. The potential impacts lhat could occur indirectiy wilh the adoption and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to XVlllb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The adoption and implementation of lhe Amendmenl and Merger would indirectly encourage development within the Merged and Added Project Area that could have individuai impacts that could be considered cumuiatively significant. For instance, individual projects may not have significant impacts, but t he cumulative effects could be significant. Although future development in the Merged and Added Project Area must be consistent with the Generai Pian, increased development couid result in significant cumulative impacts. The Amendment, on the other hand, could have positive impacts by eliminating exisling blighted conditions on a project-by-project basis that cumulatively throughout the life of the Plan improves the Merged and Added Project Area and the City of Chula Vista. Response to XVlllc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The adoption and implementation of the Amendment and Merger would not cause substanlial adverse effects on human beings directly because no development is proposed in conjunction with the adoption of the Amendment and Merger. The implementation of the Amendment and Merger could encourage development within the Merged and Added Project Area that could indirectly cause adverse effects on human beings. The indirect impacts on humans due to new development could include, but not be limited to noise, air quality, traffic, etc. The indirect effects to human beings wilh the adoption and implementation of t he A mendment a nd Merger will be addressed in the Draft Program EIR. 4. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" or "Potenlially Significant Unless Mitigated", as indicated by the checklist on the preceding pages. o Aesthetics o Biological Resources o Hazards & Hazardous Materials o Mineral Resources o Public Services 0Utilities/Service Systems o Agricultural Resources o CulIural/Paleontological Resources 0Hydrology/Water Quality o Noise o Recreation o Mandalory Findings of Significance o Air Quality o Geology/Soils o Land Use/Planning 0Populalion/Housing 0Transporlation/Traffic 6. DETERMINATION On the basis of this initial evaluation: -29- Comments: Response to XVlIJa. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The Amendment and Merger is anlicipated to encourage development in the Merged and Added Project Area, which could include property adjacent to sensitive habitat. including riparian habitat along river corridors that are designated as open space by the General Plan. Future development that may occur indirectly with lhe adoption and implementation of the Amendment and Merger could result in development that impacts fish and wildlife habitat. The potential impacts that could occur indirectly with the adoplion and implementation of the Amendment and Merger will be addressed in the Draft Program EIR. Response to XVlllb. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The adoption and implemenlation of the Amendment and Merger would indirectly encourage development within the Merged and Added Project Area that could have individual impacts that could be considered cumulatively significant. For instance, individual projects may n at have significant impacts, but t he cumulative effects could be significant. Although future development in the Merged and Added Project Area must be consistent with the General Plan, increased development could result in significant cumulative impacts. The Amendment, on the other hand. could have positive impacts by eliminating existing blighled conditions on a project-by-project basis that cumulatively throughout the life of the Plan improves the Merged and Added Project Area and the City of Chula Vista. Response to XVlllc. POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED. The adoption and implementation of the Amendment and Merger would not cause substantial adverse effects on human beings directly because no development is proposed in conjunction with the adoption of the Amendment and Merger. The implementation of the Amendment and Merger could encourage development within lhe Merged and Added Project Area that could indireclly cause adverse effects on human beings. The indirect impacts on humans due to new development could include, but not be limited to noise, air quality. lraffic, elc. The indirect effects to human beings with the adoption and implementation of t he A mendment a nd Merger w ill be addressed in the Draft Program EIR. 4. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated", as indicated by the checklist on the preceding pages. o Aesthetics o Biological Resources o Hazards & Hazardous Materials o Mineral Resources o Public Services 0Utilities/Service Systems o AgriculIural Resources o Cultural/Paleontological Resources 0HydrologyIWater Quality o Noise o Recreation o Mandatory Findings of Significance o Air Quality o Geology/Soils o Land Use/Planning 0Population/Housing 0T ransportation/T raffic 6. DETERMINATION On the basis of this initial evaluation: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. o I find that alIhough the proposed project could have a significant effect on the environment, there WILL NOT be a significanl effect in this case because the mitigation measures described on an allached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. -29- o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. o I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 1>:1 I find that although the proposed project MAY have a significant effect on the environment. an ENVIRONMENTAL IMPACT REPORT is required. o I find that the proposed project MAY have a significant effect(s) on the environment. but at least one effect" 1) has been analyzed adequately in an earlier EI R pursuant to applicable standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, lhere WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ElR, including revisions or mitigation measures that are imposed upon the proposed project. a dendum has been prepared to provide a record of this determination. [)pc, c;,'LOD~ , Date Benjamin Guerrero Printed Name Chula Vista Redevelopment Aqencv Agent For -30- APPENDIX B NOTICE OF PREPARATION RESPONSES ~ ~~NLlN~I~~?RO~D~~ND~O, ~~F~~S~ 9~1~-7~9~~8~t'~~~~ Superinrendenr of Schools f\udy M COSTrulTO, Ed D COMMUNITY DEVELOPMENT DEPARTMENT ~u~. 7~~1 I PLANNING & ENVIRONMENTAL I SERVICES January 6. 2003 Mr. Benjamin Guerrero Environmental Projects Manager City of Chula Vista Community Development Department 216 Fourth Avenue Chula Vista, Ca 91911 Re: Response to Notice of Preparation of a Draft Environmental Impact Report for the Chula Vista Redevelopment Plan Amendment and Merger Dear Mr. Guerrero: The San Diego County Office of Education (COE) is in receipt of the Notice of Preparation for the Draft Environmental Impact Report for the Chula Vista Redevelopment Plan Amendment and Merger. This letter constitutes our response to the Notice. The COE provides a variety of school and educational services to County residents. Unlike local school districts, the COE provides its services throughout the County making it the equivalent of a countywide school district. As a result, the COE is affected by new development wherever it occurs in the County of San Diego. Some of the COE programs provide direct services to students, including children (infants, preschool and students in grades K-12) as well as adults. Other COE services are provided through public schools, including all forty-two school districts and all five community college districts in the County of San Diego. These services include staff development for teachers and administrators:as well as numerous management support services. The amendment and merger to the Chula Vista Plan may affect the following COE programs: Regional Occupation Program Hope Infant Handicapped Program Migrant Education Program Outdoor Education Program Teacher Training and Development\Administration and Development COE Administration Board of Education Nlcl, Aguilar Ernesr J Dronenburg. Jr Susen Fay Jim Kelly John W'Tr SERVICE AND LEADERSHIP Letter to Mr. Benjamin Guerrero City of Chula Vista. January 6, 2003 Re: Response to Notice of Preparation of a Draft Environmental Impact Report for the City of Chula Vista Pace 2 In order to provide an accurate analysis of potential impacts to the COE resulting from the proposed amendments to the Chula Vista Redevelopment Plan Amendment and Merger the Draft EIR should: o Quantify the scope and build out of anticipated commercial and residential development at all densities o Quantify the projects direct and indirect effects on population, on student generation, and on the costs of facilities to accommodate these new students o Include a discussion of the possibility for the use of joint use facilities by schools, public, and private agencies We encourage and support cities and counties in the use of the redevelopment process and tax ' increment revenues for the elimination if blight and to improve the economic viability of areas. School districts and the COE, however, will be impacted due to the increases in population. We look forward to working with the Agency to reduce or fully mitigate these impacts in creative and mutually beneficial ways when possible. We are also interested in the proposed merger and its affect, if any, on the existing "Southwest Redevelopment Project Area Agreement For the Cooperation between the San Diego County Office of Education. the City of Chula Vista and the Chula Vista Redevelopment Agency", dated Dec 10, 1993. Please provide an analysis of what affect, if any, the merger will have to the existing Southwest Redevelopment agreement that was adopted prior to Chapter 942, effect January 1, 1994 (Assembly Bill 1290). If you have any questions regarding this correspondence, please telephone me at (858) 292- 3884. - Sinn _ ' f;:J: ;?~/J tL/'<--.J Pat Zolleu School ~acili ies Planning Coordinator Facility Ptan"ning Services Cc: Thomas E. Robinson, Senior Director, Facility Planning Services , (~\~ SVVEETUI'ATE UNION HIGH SCHOOL DISTRIC PLANNING DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT JAN 0 8 2003J PLANNING c. ENVIRONMEN-, .'L SERVICES Kathy Tanner Assistant Director of Planning & Construction January 6, 2003 Mr. Benjamin Guerrero Environmental Projects Manager City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista. CA 91911 RE: Redevelopment Plan Amendment and Merger, Notice of Preparation ofa Draft Environmental Impact Report SENT VIA FACSIMILE AND REGULAR MAIL Dear Mr. Guerrero: The Sweetwater Union High School District ("District") received your request for information concerning the Redevelopment Plan Amendment and Merger for the Chula Vista Redevelopment Agency and is submitting the following response. Air Quality and Hazards and Hazardous Materials The District is required by Education Code Section 17210 to determine if a new school site meets the guidelines developed for Air Quality (hazardous air emissions) and hazardous materials. III addition, the California Health and Safety Code Section 901(1) required the Office of Environmental Health Hazard Assessment to develop and publish a guidance document for use by the Department of Toxic Substances Controf and other state and local environmental and public health agencies to assess exposures and health risks at existing and proposed school sites. The District is interested in Air Quality and Hazards and Hazardous Materials as they relate to existing and potential school sites and will comment on these for the Draft Program EIR. Noise The American National Standards Institute has adopted new standards for classroom acoustics and these standards are currently being reviewed by California organizations. The District is interested in noise levels near school facilities and will comment on noise for the Draft Program EIR. 1130 FIFTH AVENUE CHULA VISTA CALIFORNIA 91911 PHONE (619) 691.5553 FAX (619) 420-0339 NOP.DEIR.CVRede..1.06.03 Public Services - c) Schools The District has determined that if there is development, either residential or commercial/industrial, there will be a direct impact on the school facilities providing seventh through twelfth grade educational programs for students in the Chula Vista Redevelopment Agency area. Currently, District high schools and middle schools are at capacity and do not have sufficient resources to build additional schools. The District will work with the Chula Vista Redevelopment Agency to define the school impacts in the Draft Program EIR. The District appreciates the opportunity to respond to the Notice of Preparation and will work with the Chula Vista Redevelopment Agency to develop the Draft Program EIR. The District is interested in the Redevelopment Plan Amendment and Merger and how the Chula Vista Redevelopment Agency plans to administer the Amended and Restated Southwest Redevelopment Project Area Agreement for Cooperation Between the Sweetwater Union High School District. the Citv ofChula Vista and the Chula Vista Redevelopment Agencv ("Agreement"). The District would appreciate the opportunity to discuss the administration of this Agreement with the Chula Vista Redevelopment Agency at their earliest convenience. Please call me at (619) 691-5553 if there are any questions or comments concerning this letter. Sincerely, ~ K therine Tanner Assistant Director of Planning and Construction Cc: Katy Wright, Director ll30 FIFTH AVENUE CHULA VISTA CALIFORNIA 91.9ll PHONE (61.9) 691.-5553 FAX (61.9) 42()'()339 NOP.OEIR.CVRedev.1.06.03 CITY OF CHULA VISTA CO~1MUNITY DEVELOPMENT DEIj~-&~VED 276 FOURTH AVENUE, CHULA VISTA, CA 91910 (619) 476-531P ULA VISTA NOTICE OF PREPARATION DOCUME!'>.T REVIEW ROUTING PROJECT CASE NAME: PROJECT ACCOUNT: TO: John Schmitz -Planning Marilyn Ponseggi - Envl Review Coord Paul Hellman - Envl Proj. Mgr. Duane Bazzel/Frank Herrera Ping. Ed Batchelder - Principal Planner Frank Rivera - Adv. EngfNPDES Brad Remp - Ass!. Building Official Majed AI-Ghafry - Traffic Silvester Evetovich - Land DevlPermits Willie Gaters - Envl. Res. Mgr. "LANNING ,~ND BUILDING DEPT. BlJli.C:NG DIVISiON Redevelopment Plan Amendment & Merger SWOOl Bill Ullrich - Pub. WkslOps Buck Martin - Recreation 'Michael Meacham - Conservation Coord. Glen Googins - Asst City Atty. Jim Geering - Fire Marshall Richard ?reus - Crime Prev. Byron Estes - Redev. Mgr. Miguel Tapia - Princ. Corndev Spec. Raymond Pe - Senior Planner CD Cheryl Dye - Econ. Dev. Mgr. FROM: BENJAMIN GUERRER~ DATE: December 10,2002 COMMENTS DUE BACK: JANUARY 9, 2002 PROJECT LOCATION: Redevelopment Project Areas DESCRIPTION: Redevelopment Plan amendment and merger of Agency's five existing Redevelopment Project Areas by adding approximately 400 acres of non-contiguous commercially and industrially zoned property in West Chula Vista into the Merged Project Area. APPLICANT: CITY OF CHULA VISTA APN: V ARlOUS COMMENTS: (use additional sheets as necessary) -; 1, \.0 / Vista General Plan. Therefore, the adoption and implementation of the Amendment could directly or indirectly impacl paleontological resources. Response to Vd. NO IMPACT. There are no known cemeteries in the Merged and Added Project Area, The adoption and implementation of the Amendment would not have any direct or indirect impacts to cemeteries, Issue POlen1l311y S'gn,fl(:~nl ",""~ Polenhally S,gmf,cant Unless M'logahon Inccwpor31ed No I~ad L~sn'.an S,gn'('onl I"",~ VI. GEOLOGY AND SOilS. Would the project a) Expose people or structures to potential substantial adverse effects. including the risk of loss, injury. or death Involving: i) Rupture of a known earthquake fault. as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by lhe State Geologist for the Area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. _ o o o ii) Slrong seismic ground shaking? o o o - iii) Seismic related ground failure, including liquefaction? _ o o o iv) landslides? o - o o b) Result in substantial soil erosion or the loss of topsoil? o o o - c) Be located on a geologic unit or soil that is unstable. or that would become unstable as a result of the project. and potentially result in on-site or off-site landslide. lateral spreading, subsidence, liquefaction, or collapse? .. ""'- 0 C../,f!v",-.. le~8 Be located o'l)!xpansive soil, as defined in Table 18-1-B of the.lln;fnmfBuilding Code{(1.Il!t.f}.creating substantial risks to life or property? l ~H{ 1 0 - o o - d) o o e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 0 - o o Comments: Response to ViaL POTENTIALLY SIGNIFICANT IMPACT. The City of Chula Vista is traversed by five faults, including two potentially active faults. These faults affect all development in the City. The Amendmenl and Merger would not directly result in any development. Therefore. the five faults that are known to traverse Chula Vista would not directly impact or be impacted by development. Indirectly the adoption and implementation of the Amendment and Merger could encourage development in the Merged and Added Project Area, which could impact or be impacted by faults known to exist in the area. The potential impacts to development that could occur indirectly with the adoption and implementation of the Amendment and Merger due to faults will be addressed in the Draft Program EIR. -12- U& noR. W1UlUn: SEIlV1C& ij US Fish and Wildlife Service Carlsbad Fish and Wildlife Office 60 I 0 Hidden Valley Road Carlsbad. California 92009 (760) 431-9440 FAX (760) 431-9624 California Department of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego. California 92123 (858) 467-4201 FAX (858) 467-4299 In Reply Refer to: FWS-SDG-3l24.2 COMMUNITY DEVELOPMENT DEPARTMENT Mr. Benjamin Guerrero Environmental Projects Manager City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, California91911 JAN 0 8 2003 JAN - 3 2003 PLANNING & ENVIRONMENTAL SERVICES Re: Comments on the Notice of Preparation of a Draft Environmental Impact Report for the proposed Chula Vista Redevelopment Plan Amendment and Merger, in the City of Chula Vista, San Diego County, California Dear Mr. Guerrero: The California Department of Fish and Game (Department) and U. S. Fish and Wildlife Service (Service), collectively the "Wildlife Agencies," have reviewed the above-referenced Notice of Preparation (NOP). The proposed Amendment and Merger would: (I) merge the Redevelopment Plans for the Bayfront, Town Centre I. Town Centre II, Otay Valley, and Southwest Redevelopment projects to create the Merged Chula Vista Redevelopment Project and Project Area (Merged Project Area); (2) add approximately 522 acres of noncontiguous commercially and industrially zoned areas in west Chula Vista into the Merged Project Area; (3) establish an amended and restated Redevelopment Plan for the Merged Project Area; and (4) re-establish the Chub Vista Redevelopment Agency's authority to use eminent domain on nonresidential property in the Town Centre II and Otay Valley constituent project areas. The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381 respectively. The Department is responsible for the conservation, protection, and management of the State's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning Program (NCCP). Mr. Benjamin Guerrero (FWS-SDG-3124.2) 2 The Wildlife Agencies offer the following specific information and recommendations to assist you in planning for the preservation of sensitive wildlife species and habitat types within the Merged Project Area and to assist you in complying with pertinent State and Federal statutes and laws. In order to facilitate the evaluation of the proposed Amendment and Merger from the standpoint of fish and wildlife protection, we request that the Environmental Impact Report contain the following information: I. A complete discussion of the need and purpose for the proposed Amendment and Merger, including each of the project alternatives. 2. A complete description of the proposed Amendment and Merger. including all practicable alternatives that have been considered to reduce project impacts to wetland, riparian, woodland, and other sensitive habitat types, and fish and wildlife resources. Alternatives should include development proposals with reduced footprints that would further minimize and avoid impacts to sensitive species and habitat types on-site. 3. An assessment of direct, indirect, and cumulative project impacts to fish and wildlife species and associated habitats. All facets of the proposed Amendment and Merger (e.g. construction, implementation. operation, domestic pets, night lighting, noise, increased human activity) should be included in this assessment. The Wildlife Agencies are interested in any potential or known impacts to currently listed, proposed. and narrow endemic species that are found within or adjacent to the proposed Merged Project Area. We are particularly concerned with potential impacts to the Sweetwater Marsh National Wildlife Refuge (NWR) from redevelopment activities associated with the existing Bayfront Redevelopment Area and to the South San Diego Bay Unit of the San Diego NWR from redevelopment activities associated with the proposed amendment area "C-14." The ElR should include a thorough analysis of potential impacts to the protected species and habitats within each of these Refuges, and should include measures to mitigate any adverse direct, indirect, or cumulative impacts. The impact analysis should specifically address the potential for increased disturbance (e.g., human and pet intrusion, night lighting and glare, noise, physical barriers to migrating birds due to buildings and towers, and the increased presence of predators attracted to urban activitil?s) to the federally endangered light-footed clapper rail. other resident and migratory birds, nesting seabirds, and the sensitive coastal habitats protected within the adjacent Refuges. Additionally, the EIR should assess potential impacts to the Otay Valley Regional Park from proposed amendment areas "C-14" and "C-13." The EIR should also address the Service's current Comprehensive Conservation Planning effort for the two south bay refuges, including the identification of impacts on future habitat enhancement and restoration proposals for both the Sweetwater Marsh NWR and the South San Diego Bay Unit. . 4. Feasible and enforceable mitigation measures that would avoid and/or substantially reduce direct, indirect, and cumulative impacts to Refuge resources. These mitigation measures, which should be incorporated in the Redevelopment Plan, General Plan, Local Coastal Plan, and/or other appropriate planning document, might include development standards, general controls and limitations, or conditions of future project approval. Guidelines and other development "recommendations" that are not enforceable would not be considered adequate mitigation for potentially significant impacts. Mr. Benjamin Guerrero (FWS-SDG-3124.2) 3 5. An assessment of the consistency of the proposed Amendment and Merger with the City's draft Multiple Species Conservation Program (MSCP) Subarea Plan. Although that plan is not yet formally adopted, it has completed public review and is anticipated to be certified by the City Council in February.. 6. Specific acreage and descriptions of the types of wetland. riparian. woodland, coastal sage scrub, and other sensitive habitats that may be affected by the proposed Amendment and Merger or project alternatives. Maps and tables should be included to summarize such information. 7. A description of the biological resources associated with each habitat type. These,' descriptions should include both qualitative and quantitative assessments of the resources present within the proposed Merged Project Area and alternative sites. and include complete species lists for all biological resources on the proposed sites. 8. A list of federally proposed listed or candidate species, state listed and candidate species, and locally sensitive species including, but not limited to, narrow endemic species that are on or near the proposed Merged Project Area. A detailed discussion of these species, including information pertaining to their local status and distribution. should also be included. 9. An analysis of how impacts from the proposed Amendment and Merger may affect fragmentation and isolation of aquatic and terrestrial wildlife and plants at a local and regional scale. 10. Specific mitigation measures should be considered to fully offset impacts related to the proposed Amendment and Merger. including proposals for mitigating the cumulative impacts of direct and indirect habitat loss, degradation, or modification. Project impacts should be mitigated through the preservation. restoration. or revegetation of affected habitat types consistent with MSCP guidelines. If restoration or revegetation is proposed, the objective should be to offset the project-induced qualitative and quantitative losses of wildlife habitat values.: Restoration and revegetation plans should be prepared by persons with specific expertise on southern California ecosystems and native plant revegetation techniques. Each plan should include, at a minimum: (a) the location of the mitigation site; (b) the plant species to be used; (c) a schematic layout depicting the mitigation area; (d) time of year that planting will occur; (e) a description of the irrigation methodology to be employed; (f) measures to control exotic vegetation on-site; (g) a detailed monitoring program which includes provisions for replanting areas where planted materials have not survived; and (h) identification of the agency that will guarantee successful creation of the mitigation habitat and provide for the conservation of the restoration site in perpetuity. Mitigation sites should be selected that result in no net loss of the functions and values. Habitat restoration for mitigation purposes on refuge lands, except in cases where previous legal rights have been granted, can not be used to fulfill this requirement. Mr. Benjamin Guerrero (FWS-SDG-3l242) 4 11. An analysis of the consequences of the proposed Amendment and Merger on the hydrology of any and aU riparian or wetland communities within the sphere of influence of the project. Of particular importance is an analysis of the adequacy of proposed means to convey major flood or runoff flows without impacting or adding pollutants to vegetation off-site or the restoration area Portions of Area C-14 are included within the 100-year floodplain of the Otay Rivet: drainage basin, The ElR should assess potential impacts to the habitats and Refuge property located to the south of this area as a result of any future filling of the floodplain to accommodate redevelopment. 12, Include methods to prevent soil erosion and siltation ofbabitats off-site, particularly adjacent tc the proposed Merged Project Area Also, include erosion control methods during and post- construction. 13, Identification of methods to he employed to prevent discharge and disposal of toxic iud/or caustic substances, including oil and gasoline, on the proposed Merger Project Area, especially during coo.struction. 14.. Measures to be taken to perpetually protect habitat values, on-site and off-site, that are created during restoration (mitigation). Issues that should be addressed include, restrictions on vehicle and people access, proposed land dedications, monitcring and management programs, control of illegal dumping, and restrictions on lighting near mitigation areas, etc. The Wildlife Agencies appreciate the opportunity to comment on the NOP for the proposed Chula Vista Redevelopment Plan Amendment and Merger. We are available to work with the City of Chula Vista to address our concerns. Please contact Sandra Marquez oftbe Service at (760) 431- 9440 extension 268 or David Mayer of the Department at (858) 467-4234 if you have any questions or corrunents concerning this letter. For issues related to the adjacent Refuges, please contact Mendel Stewart (760) 930-0168 or Tom Reed (619) 575-2704. Sincerely, (~--' ~ i ... "-- ,~(~---- ~~ 5' r;;;i. .----------- .. .- William E. Tippets Environmental Program Manager California Department ofFish and Game Peter Sore!!"'~-;j Acting Assistant Field Supervisor U.S. Fish and Wildlife Service cC" State Clearinghouse December 30, 2002 GOVERNING BOARD JAl,AES 'JIM" DOVO. CHAIR SUE JAAAETT. vIce CHAIR BUD POCKLINGTON GEORGE H. WATERS MARGARET COOK WELSH J.5. SKI WOLNIEWlCZ CARY F. WRIGHT WANDA AVERY TREASURER MARl SA FAAPON-FR/EDMAN SECRETARY SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA. CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 Mp://www.sweetwater.org COMMUNITY DEVELOPMENT DEPARTMENT \ DEC302002 PLANNING & ENVIRONMENTAL SERVICES Mr. Benjamin Guerrero Environmental Projects Manager City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 Subject: Notice of Preparation of Draft EIR Redevelopment Plan Amendment and Merger SWA Gen. File: City of Chula Vista Redevelopment Agency Dear Mr. Guerrero: Sweetwater Authority has reviewed the Notice of Preparation (NOP) of a Draft EIR for the Redevelopment Plan Amendment and Merger and requests the discussion of the following issues in the Draft EIR: . Section VIII, Item b (Groundwater impacts): Please note that Sweetwater Authority provides water service to the western portion of Chula Vista, as well as National City and the unincorporated community of Bonita. Approximately 10 to 20% of Sweetwater Authority's water supply is from groundwater from the R.A. Reynolds Demineralization Plant in the northem portion of Chula Vista and the National City Wells, so is concerned with groundwater quantity and quality. As stated in the NOP, development could reduce the area available for groundwater recharge. The EIR should discuss options for reducing impacts through minimization of impermeable surfaces, use of detention basins, and native and drought tolerant landscaping to reduce fertilizer, pesticide and water use. Section XVI, Item b (Utilities and Service Systems-Infrastructure): The Draft EIR should address the indirect impacts to the existing water infrastructure that would be caused when the plan is implemented. Older metallic and small diameter water mains in the Sweetwater system are scheduled for replacement over the next 20 years. Redevelopment could cause a change in the domestic and fire flow demands prior to the scheduled replacement. The EIR should state that the City of Chula Vista and/or developer would be required to A Public Water Agency Servinrr National Citv, Chllla Vista and Sllrrollndinrr Areas Mr. Benjamin Guerrero Re: Notice of Preparation of Draft E1R-Redevelopment Plan Amendment and Merger December 30, 2002 Page 2 of 2 should state that the City of Chula Vista and/or developer would be required to replace any mains impacted in this manner. Section XVI, Item d (Utilities and Service Systems water supply): To ensure that the project will have minimal impact on water suppl.ies, please include water conservation requirements for developments within the project area. You may contact our Conservation Coordinator, Sandra Lozano at extension 625, for further information. . The R.A Reynolds Demineralization plant uses reverse osmosis to treat groundwater. Although the current product is blended with our treated water from the Robert A. Perdue Treatment Plant at Sweetwater Reservoir, this is a potential source of high quality waler for businesses with a specific water quality need. Thank you for the opportunity to comment on this project. We would appreciate copies of the planning and environmental documents, as they become available. If you have any questions please contact me at (619) 422-8395, extension 612. Sincerely, SWEE1WATER AUTHORITY James L. Smyth Chief Engineer JLS:TM:vls 1:\engr\Gen\City of Chula Vista Redevelopment Agency\guerrero_12 20.lm.doc S TAT E OF C A L I FOR N I A .,Qf~. ,.~~,.. ...C'$ :tt, ~ * to ~ ~ ~.,-~ .f #)..., ~... ~(JFCA\.\fO" Governor's Office of Planning and Research State Clearinghouse Tal Finnl..'Y Intcrim Director Gray Davis Go\'ernor Memorandum Date: To: December 18, 2002 Re: All Reviewing Agencies Becky Frank, Associate Planner SCH # 2002121034 From: Chula Vista Redevelopment Plan Amendments and Merger Pursuant to the attached letter, the Lead Agency has corrected information regarding the above-mentioned project. All other project information remains the same. cc: Benjamin Guerrero City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91911 I COMMUNITY DEVELOPMENT DEPARTMENT I JAN 0 6 2003 I PlANNING & ENVIRONMENTAL SERVICES I~OO TESTH STREET P.o. OOX Jo..;~ SACRAMENTO. CALlFORS1A 95~ 1~.30~"; (9]6\4";5.0613 fAX(916)3:!J.JOIH www.opr.c:J..gO\ ..IC-;-26 December 16, 2002 To \Vhom It :\Iay Concem: You recently received a copy of a ;-.Jotice of Preparation of a Draft En\'ironmentallmpact Report from the Chula Vista Redevelopment Agency for a proposed amendment and merger of the Chula Vista Redevelopment Plan. Please note the following two changes: I) the Agency proposes to add approximately 522 acres of generally noncontiguous commercially and industrial areas in west Chula Vista into t he "-I erged Project A rea, not -+ 00 a crcs ass tated 0 n pagc 1; and 2) the proposed Rc:dcveloprrlcnt Plan A.inendinent and ~1ergel also \vo"Jid n::-esLablisl1 the Agency's authority to use eminent domain on nonresidential property in the Town Centre II and Otay Valley constituent project areas. Please keep these changes in mind during your review of the 010tice of Preparation. If you ha\'e questions please call: :-'lr. Bcnjamin Guerrcro En\.ironmental Projects :Vlanager City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, CA 91911 (619H76-5311 ---- , : l! ,; >.,- : ./ '--:._:.:._.:._-~ : J' i I , LJ~! DEe 1 ? 2002 i ....; - I I l .-1: LSTATE CLEA:J;I'\~I> Hou.,>r I II II IU J Jt I CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT 276 FOURTH AVENUE, CHULA VISTA, CA 91910 (619) 476-5311 NOTICE OF PREPARATION DOCUMENT REVIEW ROUTING PROJECT CASE NAME: PROJECT ACCOUNT: TO: John Schmitz -Planning Marilyn Ponseggi - Envl Review Coord Paul Hellman - Envl Proj. Mgr. Duane BazzellFrank Herrera Ping. Ed Batchelder - Principal Planner Frank Rivera - Adv. EngfNPDES Brad Remp - Ass!. Building Official Majed AI-Ghafry - Traffic Silvester Evetovich - Land DevlPermits Willie Gaters - Envl. Res. Mgr. Redevelopment Plan Amendment & Merger SWOOI Bill Ullrich - Pub. WkslOps Buck Manin - Recreation 'Michael Meacham - Conservation Coord. Glen Googins - Asst City Atty. Jim Geering - Fire Marshall Richard Preus - Crime Prev. Byron Estes,.. Redev. Mgr. Miguel Tapia - Princ. Comdev Spec. Raymond Pe - Senior Planner CD Cheryl Dye - Econ. Dev. Mgr. FROM: BENJAMIN GUERRER~ DATE: December 10. 2002 COMMENTS DUE BACK: JANUARY 9, 2002 PROJECT LOCATION: Redevelopment Project Areas DESCRIPTION: Redevelopment Plan amendment and merger of Agency's five existing Redevelopment Project Areas by adding approximately 400 acres of non-<:ontiguous commercially and industrially zoned property in West Chula Vista into the Merged Project Area. APPLICANT: CITY OF CHULA VISTA APN: V ARlO US C01\-IMENTS: (use additional sheets as necessary) /2-/t-cJ,;!... lJev ;. ~ .I ( cYI/ C (.J/L D/Z. . WIi7f- yo-</IL CON C1.bS/d../ :7C5 /2rZi:.Lwzc:= ~ Mifu' ~ CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT 276 FOURTH AVENUE, CHULA VISTA, CA 91910 (619) 476-5311 NOTICE OF PREPARATION DOCUMENT REVIEW ROUTING PROJECT CASE NAME: PROJECT ACCOUNT: ~t11 . TO. John Schmitz -Planning Marilyn Ponseggi - Envl Review Coord Paul Hellman - Envl Proj. Mgr. Duane BazzellFrank Herrera Ping. Ed Batchelder - Principal Planner Frank Rivera - Adv. EngfNPDES Brad Remp - Ass!. Building Official Majed AI-Ghafry - Traffic Silvesler Evewvich - Land DevlPermirs Willie Galers - Envl. Res. Mgr. Redevelopment Plan Amendment & Merger SWOOl Bill Ullrich - Pub. WkslOps Buck Marrin - Recreation Michael Meacham - Conservation Coord. Glen Googins - Asst City Atty. /). " ~ of; - Fire Marshall - f"Gd fflsrrf Richard Preus - Crime Prev. .- Byron Estes - Redev. Mgr. Miguel Tapia - Princ. Comdev Spec. Raymond Pe - Senior Planner CD Cheryl Dye - Econ. Dev. Mgr. 70 FROM. BENJA.MIN GUERRER~ DATE: December 10,2002 COMMENTS DUE BACK: JANUARY 9, 2002 PROJECT LOCATION: Redevelopment Project Areas DESCRIPTION: Redevelopment Plan amendment and merger of Agency's five existing Redevelopment Project Areas by adding approximately 400 acres of non-contiguous corrunercially and industrially zoned property in West Chula Vista into the Merged Project Area. APPLICANT: CITY OF CHULA VISTA APN: VARlOUS COMMENTS: (use additional sheets as necessary) AJD C();"J1 ,11 M/ IS / J CITY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT 276 FOURTH AVENUE, CHULA VISTA, CA 9191lf (619) 476-5311 NOTICE OF PREPARATION DOCUMENT REVIEW ROUTING PROJECT CASE NAME: Redevelopment Plan Amendment & Merger PROJECT ACCOUNT: SWOOl J.0/ John Schmitz -Planning Bill Ullrich - Pub. WkslOps t/ -^I A " ~arilyn Ponseggi - Envl Review Coord Buck Martin - R~reation !IV-V Jl'..~~aul Hellman - Envl Proj. Mgr. Michael Meacham - Conservation Coord. J r Duane BazzellFrank Herrera PIng. Glen Googins - Asst City Atty. Ed Batchelder - Principal Planner Jim Geering - Fire Marshall Frank Rivera - Adv. EnglNPDES Richard Preus - Crime Prev. Brad Remp - Ass!. Building Official Byron Estes - Redev. Mgr. Majed Al-Ghafry - Traffic Miguel Tapia - Princ. Comdev Spec. Silvester Evetovich - Land Dev/PermiLS Raymond Pe - Senior Planner CD ;(( I Willie Gaters - Envl. Res. Mgr. Cheryl Dye - 8:on. Dev. Mgr. f 0 jRo~ BENJAMIN GUERRER~ DATE: December 10,2002 COl'vL\IENTS DUE BACK: JANUARY 9. 2002 PROJECT LOCATION: Redevelopment Project Areas DESCRIPTION: Redevelopment Plan amendment and merger of Agency's five existing Redevelopment Proj~t Areas by adding approximately 400 acres of non-contiguous commercially and industrially zoned property in West Chula Vista into the Merged Project Area. APPLICANT: CITY OF CHULA VISTA APN: VARIOUS COl\IMENTS: (use additional sheets as necessary) 1 J 'ii-F) ('"'~,.o...,...-y"1 /~h ;~~-/~/~~ /2-,-/5 ---C"2 CHULA VISTA POLICE DEPARTMENT COMMUNITY RELATIONS UNIT PLAN REVIEW Date: December 10, 2002 To: Benjamin Guerrero, Environmental Projects Manager cZiP Richard E. Preuss, Crime Free Multi-Housing Coordinator From: Project: Redevelopment Plan Amendment and Merger _ The Community Relations Unit does not have any comments at this time. _ Information on this project, or within the plans, does not provide enough detail to pennit crime prevention analysis, xx See comments below regarding this project. COMMENTS: Regarding Public Services section XIIIb I concur that the reorganization described in the Redevelopment Plan Amendment and Merger alone would not have significant impact on the Police Department. On the other hand the redevelopment of residential and / or commercial projects in the proposed Redevelopment Area will likely significantly impact the Police Department and well could require additional equipment and / or personnel. Thank you for the opportunity to have input into the planning process. If you have any questions or if I can be of further assistance please call me at the Community Relations Unit at 691-5127. CPTED CVPD/CRU 11100 CITY OF CllliLA VISTA COMMUNITY DEVELOPMENT DEPARTMENT 276 FOURTH AVENUE, ClillLA VISTA, CA 91910 (619) 476-5311 NOTICE OF PREPARATION DOCUMENT REVIEW ROUTING PROJECT CASE NAME: PROJECT ACCOUNT: TO: John Schmitz -Planning Marilyn Ponseggi - Envl Review Coord Paul Hellman - Envl Proj. Mgr. Duane BazzellFrank Herrera Ping. Ed Batchelder - Principal Planner Frank Rivera - Adv. Eng/NPDES Brad Remp - Ass!. Building Official Majed AI-Ghafry - Traffic Silvester Evetovich - Land DevlPermits Willie Gaters - Envl. Res. Mgr. Redevelopment Plan Amendment & Merger SWOOl Bill Ullrich - Pub. WkslOps Buck Manin - Recreation Michael Meacham - Conservation Coord. Glen Googins - Asst City Atty. Jim Geeting - Fire Marshall Richaid Preus ,,., Crime Prev' Byron Estes - Redev. Mgr. Miguel Tapia - Princ. Comdev Spec. Raymond Pe - Senior Planner CD Cheryl Dye - Econ. Dev. Mgr. FROM: BENJAMIN GUERRER~ DATE: December 10, 2002 ' COMMENTS DUE BACK: JANUARY 9, 2002 PROJECT LOCATION: Redevelopment Project Areas DESCRIPTION: Redevelopment Plan amendment and merger of Agency's five existing Redevelopment Project Areas by adding approximately 400 acres of non-contiguous commercially and industrially zoned property in West Chula Vista into the Merged Project Area. APPLICANT: CITYOFCHULA VISTA APN: VARlOUS COMMENTS: (use additional sheets as necessary) :~ ~ Winston H. Hickox Agency Secretary California Environmental Protection Agency Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, Califomia 90630 COMMUNI1Y DEVELOPMENT DF;PARTM~NT ' 4 . Department of Toxic Substances Control Gray Davis Governor ;, JAN.-1'O 2003 January 3, 2003 .;;('. .. PlANNING it . ONMcNTAL Sc'ES Mr. Benjamin Guerrero Environmental Projects Manager Cfiula Vista Redevefophienf Agency City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA REDEVELOPMENT PLAN AMENDMENT AND MERGER PROJECT (SCH #2002121034) Dear Mr. Guerrero: The Department of Toxic Substances Control (DTSC) has received your Notice of Preparation (NOP) of a draft Environmental Impact Report (EIR) for the above- mentioned project. Based on the review of the document, DTSC's comments are as follows: 1) The draft EIR needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The draft EIR needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The draft EIR should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and the government agency to provide appropriate regulatory oversight. 4) The NOP indicates that there are several hazardous sites in the Project Area. One known superfund site is the Otay Valley Land bank site. The Nap also states that there is the possibility that there are other hazardous sites in the project area that are unknown and remain unknown until development occurs. Therefore, an environmental assessment should be conducted at the project The ensrgy challenge facing California is real. Every Csflfomian needs to take immediate actlofl co reduce an9/flY consumpUon. For a fist of simple way' you can reauce demand and cut your enelt1y costs, see our Web-site at WWW.dt8c.ca.gov. Ii) Printed On Recycled Paper COOIfl XVd 6t:II COO./OI/IO 01/10/2003 11:50 FAX 141004 Mr. Benjamin Guerrero January 3, 2003 Page 2 area to evaluate whether the site is contaminated with hazardous substances from the potential past and current uses including storage, transport, generation and disposal of toxic and hazardous waste/materials. 5) The NOP states that there are strawberries growing in the Project Areas. If the ., . site. was.previously.used"for vegetatioo or agricultUfal.,onsne 'seils-colfld-eomain'-- pesticide residues and the site may have contributed contamination to soil and/or groundwater. Proper investigation and remedial actions should be conducted at the site prior to the new development. 6) The project construction may require soil excavation and/or soil filling in certain areas. Appropriate sampling is required prior to disposal oOhe excavated soil. If the soil is contaminated, properly dispose it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project is planning to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 7) If the proposed project is planning to demolish any old buildings during the development, investigate the presence of lead paints and asbestos containing materials (ACMs) in the currently existing building structures. If the presence of lead or ACMs is suspected, proper precautions should be taken during any future demolition activities. Additionally, the contaminants should be remediated in compliance with the California environmental regulations. 8) .If.any of the adjacent properties are contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, then the proposed development may fall under the "Border Zone of a 90ntaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is on a "Border Zone Property." 9) Any hazardous wastes/materials encountered during construction should be remediated in accordance with local, state, and federal regulations. Prior to initiating any construction activities, an environmental assessment should be conducted to determine if a release of hazardous wastes/substances exists at the site. If so, further studies should be carried out to delineate the nature and extent of the contamination. Also, it is necessary to estimate the potential threat to public health and/or the environment posed by the site. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat 01/10/2003 11:50 FAX 141005 Mr. Benjamin Guerrero January 3, 2003 Page 3 exists, the final remedy should be implemented in compliance with state regulations and policies rather than excavation of soil prior to any assessments. 10) All environmental investigation and/or remediation should be conducted under a Workplan which is approved by a regulatory agency who has jurisdiction to _ OlleIsee hazardous. wastecleanu,os~ Completechar-acterfzatia&0f-ti=le- seH is.- needed prior to any excavation or removal action. 11) If it is determined that hazardous wastes are, or will be, generated by the proposed project, the wastes must be managed in accordance with the Califomia Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (Califomia Code of Regulations, Title 22, Division 4.5). 12) If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated onsite, or (c) disposed of onsite, then a permit from DTSC may be required. The facility should contact DTSC at (818) 551-2171 to initiate pre application discussions and determine the permitting process applicable to the facility. 13) If it is determined that hazardous wastes will be generated, the facility should obtain a United States Environmental Protection Agency Identification Number by phoning (800) 618-6942. 14) Certain hazardous waste treatment processes may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting Ms. Martha Bahia, Riverside County Environmental Health, the CUPA designated agency at (909) 358-5055. 15) A groundwater investigation may also be necessary based on the nature of on- site contaminants and the depth to the groundwater. 16) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the draft EIR should identify how any required investigation and/or remediation will be conducted, and the government agency to provide appropriate regulatory oversight. 01/10/2003 11:50 FAX Ii!I 006 Mr. Benjamin Guerrero January 3, 2003 Page 4 DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (YCP). For additional information on the VCP, please visit DTSC's web site at www.dtsc.Ga.oav. IL}lo.\Lhave any, questions. regard ll.1g,this-Jetter.;-.please ooRtaet-Mr-.-dotmson-P .-Abraham, Project Manager at (714) 484-5476. Sincerely, ~fl~ - Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse P,O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W, Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX INCREMENT REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33676 AND THE CITY'S SHARE OF TAX INCREMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5, WITH RESPECT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA 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 sea. ("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 Area ("Project Area") which would permit in the allocation of taxes from the Project Area to the Agency for the purposes of redevelopment; and WHEREAS, Section 33676 of the Health and Safety Code provides that prior to the adoption of a redevelopment plan, an affected taxing agency may elect to receive, in addition to the portion J:\COMMDEV\RESOSI04-20-04\CC Reso Electing to Receive City Share ofTlDOC ..3-;l ~ of taxes allocated to the affected taxing agency pursuant to Health and Safety Code Section 33670(a), all or any portion of the property tax revenues allocated to the Agency pursuant to Health and Safety Code Section 33670(b) ("Tax Increment") which are attributable to the tax rate increases imposed for the benefit of the taxing agency after the tax year in which the ordinance adopting the redevelopment plan becomes effective ("Increases"); and, WHEREAS, for redevelopment plans adopted on or after January 1, 1994, Section 33607.5 of the Health and Safety Code provides that in any fiscal year in which a redevelopment agency receives Tax Increment from the Project Area, the community that has adopted the redevelopment plan may elect to receive, and the Agency shall pay to it, an amount equal to twenty-five percent (25%) of the community's proportional share of the Tax Increment received by the Agency after the amount required to deposited in the Low and Moderate Income Housing Fund has been deducted ("City Election"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby elects to receive all Increases and the City Election as defined herein with respect to Tax Increment received by the Agency from the Merged Chula Vista Redevelopment Project Area, and directs staff to transmit a copy of this resolution to the Executive Director of the Agency and the Auditor Controller of the County of San Diego. Presented by Laurie Madigan Community Development Director J:\COMMDEV\RESOSI04-20-04\CC Reso Electing to Receive City Share ofTIDOC .3 -;. ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA, FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE-INCOME HOUSING OUTSIDE THE PROJECT AREA, WILL BE OF BENEFIT TO THE PROJECT AREA 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 sea. ("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 394/02 J 248-0002 493514,01 a04/08/04 3 -3D 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 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 Area ("Project Area") which would permit in the allocation of taxes from the Project Area to the Agency in accordance with Health and Safety Code Section 33670 for the purposes of redevelopment; and WHEREAS, Section 33334.2 of the Law requires that not less than twenty percent (20%) of all taxes so allocated to the Agency be used by the Agency for the purpose of increasing, improving, and preserving the community's supply of low- and moderate-income housing available at affordable housing cost; and WHEREAS, the foregoing described portion of the taxes so allocated to the Agency to be used by the Agency for affordable housing purposes is hereinafter referred to as the "Low and Moderate Income Housing Funds;" and WHEREAS, Section 33334.2(g) of the Law provides that the Agency may use such Low and Moderate Income Housing Funds outside the Project Area if a finding is made by resolution of the Agency and the City Council that such use will be of benefit to the Project Area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby find, determines, and declares that the use of Low and Moderate Income Housing Funds from the Merged Chula Vista Redevelopment Project Area, for the purpose of increasing, improving, and preserving the community's supply of low- and moderate-income housing available at affordable housing cost, outside the Project Area will be of benefit to the Project Area. Presented by APP<Od~ /kP ~ore City Attorney Laurie Madigan Community Development Director J:\COMMDEVIRESOSI04-20-04\CC Reso - Housing Funds Outside Project Area.DOC -2- 3-31 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA. FOR THE PURPOSE OF INCREASING. IMPROVING. AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW- AND MODERATE- INCOME HOUSING OUTSIDE THE PROJECT AREA, WILL BE OF BENEFIT TO THE PROJECT AREA 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 sea. ("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 boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas, which l\COMMDEV\RESOS\04-20-04\Agency Reso - Use of Housing Funds Outside Proj Area DOC 3 -3;2 amendment as generally described above is in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area ("Project Area") which would permit in the allocation of taxes from the Project Area to the Agency in accordance with Health and Safety Code Section 33670 for the purposes of redevelopment; and WHEREAS, Section 33334.2 of the Law requires that not less than twenty percent (20%) of all taxes so allocated to the Agency be used by the Agency for the purpose of increasing, improving, and preserving the community's supply of low- and moderate-income housing available at affordable housing cost; and WHEREAS, the foregoing described portion of the taxes so allocated to the Agency to be used by the Agency for affordable housing purposes is hereinafter referred to as the "Low and Moderate Income Housing Funds;" and WHEREAS, Section 33334.2(g) of the Law provides that the Agency may use such Low and Moderate Income Housing Funds outside the Project Area if a finding is made by resolution of the Agency and the City Council that such use will be of benefit to the Project Area. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby find, determines, and declares that the use of Low and Moderate Income Housing Funds from the Merged Chula Vista Redevelopment Project Area, for the purpose of increasing, improving, and preserving the community's supply of low- and moderate- income housing available at affordable housing cost, outside the Project Area will be of benefit to the Project Area. Presented by Laurie Madigan Community Development Director J\COMMDEV\RESOS\04-20-04\Agency Reso - Use of Housing Funds Outside Proj AreaDOC 3-33 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING A METHOD OF RELOCATION FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT IN CONJUNCTION WITH THE 2004 AMENDMENT THERETO 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 ("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 J.\COMMDEV\RESOS\04-20-04\Agency Reso - Relocation Method,DOC .3 -3 Y WHEREAS, Section 33352(f) of the Law requires that with each redevelopment plan a redevelopment agency prepare a method or plan for 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 that 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 the displaced person or family at rents comparable to those at the time of displacement; and WHEREAS, Agency staff prepared a method of relocation which would apply to the Merged Chula Vista Redevelopment Project as amended by the 2004 Amendment ("Draft Method of Relocation"), and thus would supersede the separate current methods of relocation applicable to the various constituent project areas of the Merged Chula Vista Redevelopment Project and WHEREAS, the Town Centre II Project Area Committee did receive and review the Draft Method of Relocation, and on September 17, 2003 adopted Resolution No. 2003-003 and recommended that the Agency adopt the Draft Method of Relocation as proposed; and WHEREAS, the Added Area Project Area Committee did receive and review the proposed Draft Method of Relocation, and on October 9, 2003 adopted Resolution No, 2003-001 and proposed several modifications to the Draft Method of Relocation and thereupon recommended its approval; and WHEREAS, the Agency, incorporating input from the Town Centre II and Added Area Project Area Committees, amended the Draft Method of Relocation and prepared the Method of Relocation in the form attached herewith as Exhibit A . NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista hereby adopts the Method of Relocation for the Merged Chula Vista Redevelopment Project, as amended by the 2004 Amendment, in the form attached hereto as Exhibit A, which shall, with respect to the Merged Chula Vista Redevelopment Project as amended by the 2004 Amendment, supersede all previously adopted methods of relocation applicable to the Merged Chula Vista Redevelopment Project or any portion thereof. Presented by Laurie Madigan Community Development Director J:\COMMDEV\RESOS\04_20_04\Agency Reso _ Relocation MelhodDOC 3 -3 S" EXHIBIT A Merged Chula Vista Redevelopment Project Method of Relocation March 9, 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 3-3(,. Method of Relocation Merged Chula Vista Redevelopment Project Table of Contents Section I. Purpose and Intent ..................................................1 Section II. Statutory Requirements .........................................1 Section III. Analysis .................................................................1 Section IV. Relocation Policies and Procedures .....................2 Section V. Methods for Assuring Availability of Relocation Housing......................................................................................4 Section VI. Relocation Payments............................................. 4 Section VII. Consistency with State Relocation Law and State Relocation Guidelines ...............................................................4 Exhibit A . State Relocation Law.............................................. 5 Exhibit B . State Relocation Guidelines .................................... 6 J\COMMDEVlTAPIA\PROJECTS\BIG AMENDMENT'METHOD OF RELOCATION - MARCH 92004.OQC .3 -3-:;" Method of Relocation Merged Chula Vista Redevelopment Project 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 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. 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. 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. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REOEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 1 - MERGED CHULA VISTA REDEVELOPMENT PROJECT METHOO OF RELOCATION 3-3 >J 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 result 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 California 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 ~ 7260 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 California, Department of Housing and Community Development, pursuant to Government Code Section 7260 et sea. and Health and Safety Code Section 50460. The State Relocation Guidelines are set forth in Title 25 of the California Code of Regulations, Section 6000 et~. 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. 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 ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REOEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 2 - MERGED CHULA VISTA REOEVELOPMENT PROJECT METHOD OF RELOCATION .3 -3'7 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 sanitary 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 concerns 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 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. 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. ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - 3 - MERGEO CHULA VISTA REDEVELOPMENT PROJECT METHOD OF RELOCATION 3-~O 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 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 _ 4 _ MERGED CHULA VISTA REDEVELOPMENT PROJECT METHOD OF RELOCATION 3~/ Method of Relocation Merged Chula Vista Redevelopment Project Exhibit A . State Relocation Law ROSENOW SPEVACEK GROUP. INC. MARCH 9. 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MERGED CHULA VISTA REDEVELOPMENT PROJECT METHOD OF RELOCATlON d - ":/.;2 W AIS Docmnent Retrieval CALIFORNIA CODES Quv.....1lOIBII'.I.' CODI: SECTION 7260-7277 7260. As used in this chapter: (a) "Public entity" includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state or any entity acting on behalf of these agencies when acquiring real property, or any interest therein, in any city or county for public use, and any person who has 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 following: (A) Any person who moves from real property, or who moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire, or the acquisition 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, as the public entity' may prescribe under a program or project undertaken by a public entity, of real property on which the person is a residential tenant or conducts a business or farm operation, if the public entity determines that the displacement is permanent. For purposes of this subparagraph, "residential tenant" includes any occupant of a residential hotel unit, as defined in subdivision (b) of Section 50669 of the Health and Safety Cod,., and any occupant of employee housing, as defined in Section 17008 of the Health and Safety COde, but does not include any person who has been determined to be in unlawful occupancy of the displacement dwelling. (B) Solely for the purposes of Sections 7261 and 7262, any person who moves from real property, or moves his or her personal property from real property, either: (i) As a direct result of a written notice of intent to acquire, or the acquisition of, other real property, in whole or in part, on which the person conducts a business or farm operation for a program or project undertaken by a public entity. (ii) As a direct result of the rehabilitation, demolition, or other displacing activity as the public entity may prescribe under a program or project undertaken by a public entity, of other real property on which the person conducts a business or farm operation, in any case in which the public entity determines that the displacement is permanent. (2) This subdivision shall be construed so that persons displaced as a result of public action receive relocation benefits' .in cases' wh~re they are displaced 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 otherwise empowered to acquire the property to carry out the public use. Except for persons or families of low and moderate income, as defined in Section 50093 of the Health and Safety COdll, who are occupants of housing that was made available to them on a permanent basis by a public agency and who are required to move from the housing, a "displaced person" shall not include any of the following: 3-'-/3 Page 1 ofl8 W AIS Document Retrieval (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 acquisition of the real property. (C) Any person who has occupied the real property for the purpose of obtaining assistance under this chapter. (D) In any case in which the public entity acquires property for a progr.m or project (other than a person who was an occupant of the . property at the time it was acquired), 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, commodities, personal property, or s~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 conducted 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 quantity 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 acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. (g) "Public use" means a use for which real property may be acquired by eminent domain. (h) "Mortgage" meanS classes of liens that are commonly 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 payment 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 2S percent of the person's average monthly 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. (B) The displaced person resides on property that was acquired by ,.,.,-.-- --,~, Page 2 of18 d-~Y 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. IE) 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 project covered by, a-final relocation plan that was adopted by the legislative body prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter. (G) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was required to have been submitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice was required to have been provided to occupants of the property prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter. (H) The displaced person is covered by, or resides in an area or project covered by, a proposed relocation plan that was submitted prior to January 1, 1998, to the Department of Housing and Community Development or to a local relocation committee, or for which notice was provided to the public or to occupants of the property prior to January 1, 1998, pursuant to this chapter and the regulations adopted pursuant to this chapter, and the person is eventually displaced by the project covered in the proposed relocation plan. (I) The displaced person resides on' property' for which a contract for acquisition, rehabilitation, demolition, construction, or other displacing activity was 'entered into by a public entity, or by a person having an agreement with a public entity, prior to January 1998. _ (J) The displaced person resides on property where an owner participation agreement, or other agreement between a public entity and a private party that will result in the acquisition, rehabilitation, demolition, or development of the property or other displacement, was entered into prior to January 1, 1998, and the displaced person resides in the property at the time of the agreement, provides information to the public entity, or person having an agreement with the public entity showing that he or she did reside in the property at the time of the agreement and is eventually displaced by the project covered in the agreement. (4) Comparable with respect to the number of rooms, habitable space, and type and quality of construction. Comparability under this paragraph shall not require strict adherence to a detailed, feature-by-feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present. . . (5) In an area not subject to unreasonable adverse environmental conditions. (6) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. (j) "Displacing agency" means any public entity or person carrying out a program or project which causes a person to be a displaced person for a public project. 3 -Lj S- Page 3 of18 W AIS Document Retrieval Page4of18 (k) "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described 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 Code of Federal Regulations. (m) "Lead agency" means the Department of Housing and Community Development. 7260.5. (a) The Legislature finds and declares the following: (1) Displacement as a direct result of programs or projects undertaken by a public entity is caused by a number of activities, including rehabilitation, demolition, code 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 is essential 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 projects 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, (1) Public entities shall carry out this chapter in a manner which 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 gov.r.amant programs for 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), commonly known as the civil Rights Act of 1968 and Title VI of the Civil Rights Act of 1964. 7260.7. Notwithstanding 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 if. receive state funds for renovation and rehabilitation involving the ~ - 7~ ~.!.::.-. 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 programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of these problems 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 determines 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 of the following: (1) Determine and make timely recommendations 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, 1n the case of a federally funded project, a waiver may be obtained from the federal gOVllrnm8nt. (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. (C) Any other emergency which requires the person to move 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 programs 3-'1?- Page 5 of 18 W AIS Document Retrieval Page 6 of18 which may be of assistance to those persons in applying for assistance under the program. (7) Provide other advisory services to displaced persons in order to minimize hardships to those persons. (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 proposed activities of other public entities in the community or nearby areas which may affect the implementation of its relocation assistance program. (e) Notwithstanding 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 short 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 this chapter through 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 the 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 the displacement of any person, the displaced person is.entitled to payment for actual moving and related expenses as the public entity determines to be reasonable and necessary, including expenses for all of the following.: (1) Actual and reasonable expenses in moving himself or herself, his or her family, business, or farm operation, or his or her, or his or her family's, personal property. (2) Actual direct losses of 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 determined 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 reestablish a displaced farm, nonprofit organization, or small business at its new site, but not to exceed ten thousand dollars ($10,000). (b) Any displaced person eligible for payments under subdivision (a) who is displaced from a dwelling and who elects to accept the payments authorized by this subdivision 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 Dislocation Allowance PaYment Schedule established by Part 24 of Title 49 of the Code of Federal Regulations. -3 - t.j l! W AIS Document Retrieval (e) 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 (a), shall receive a fixed relocation payment in an amount equal to the average annual net earnings o.f the business or farm operation, except that the payment shall not be less 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, unless 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 ill1lllediately 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 shall 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 regulation by the Public Utilities Commission. (2) The public entity may solicit 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 Conunission. . (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. 3 -'19 Page 70f18 W AIS Document Retrieval Page 8 of18 7262.5. Notwithstanding Section 7265.3 or any other prOV1S10n 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 whose 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 purpose, 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 time 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 dis~lacement; 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 arid 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) ~n addition to the payments required by Section 7262, the public entity, as a part of the cost of acquisition, shall make a payment 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. '7 -50 The amount shall be paid only if the dwelling acquired by the ....J .l W AIS Document Retrieval displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than. 180 days immediately 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 computed using the lesser of the principal balance of the mortgage on the replacement dwelling or the outstanding principal halance 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 computed based on the lesser of the prevailing interest rate or the actual interest rate on the replacement property. The amount 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 incurred 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 occupies a decent, safe, and sanitary replacement dwelling within one year from the later of the following: (1) 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 compensation is deposited 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 that special consideration be given to the financing and location of a comparable replacement dwelling for displaced persons 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. and' Welfare, shall be deemed a purchase of the condominium. 3-51 Page 9 of1S W AlS Docmnent Retrieval PagelOof18 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 eo receive a payment under Section 7263 which was actually 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) The payment, not to exceed five thousand two hundred fifty dollars ($5,250), shall be the additional amount which is necessary 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 necessary 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 Cod. 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_Han amount exceeding the maximum amount, payment 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 sanitary replacement dwelling. The person may, at the discretion of the public entity, be eligible under this subdivision for the maximum payment allowed under sUbdivision (b), except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment which the person would otherwise have received under 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 implementing 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 undertaken 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, the public entity shall take any action necessary or appropriate to provide the dwellings by use of funds authorized for the project. This section shall be construed to authorize the public entity to exceed the' maximum amounts which may be paid under Sections 7263 and -:> -6- d 7264 on a case-by-case basis for good cause as determined in ~ W AIS Document Retrieval 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 (a), the public entity is hereby designated as a duly authorized administrative body of the state for the purposes of Subdivision (c) of Section 408 of the Revenue and Taxation Code. (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 ~80 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 assistance 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 codes bya public entity, or because of systematic enforcement pursuant to Section 37924.5 of the Health and Safety Cod., 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 cod. 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 ..3-5"3 Page 11 ofl8 W AIS Document Retrieval rental increases, and may be paid monthly 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 the 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 amounts prescribed by this chapter, and shall provide advisory assistance under this chapter, to persons and famiiies of low or moderate income, as defined in Section 50093 of the Health and Safety Code, 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 calculated 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 of 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 33417.5 of the Health and Safety Coda, a city by ordinance may designate the board .to hear appeals from all public entities, except those state agencies which have an appeal process, .~ Page 12 of18 3 -.s~ W AIS Document Retrieval on the eligibility for, or the amount of, a payment authorized by this chapter. (b) Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by this chapter may have the application reviewed by the public entity or by the relocation appeals board if authorized under subdivision (a). The review of a determination by a community redevelopment agency may only be made by a relocation appeals board established pursuant to Section 33417.5 of the Health and Safety Codll. 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 (b) of Section 7267.1 and Section 7267.2 shall not apply to the acquisition of any easement, right-af-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. (a) The public 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 detetm1ning 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 .3 -5 S- Page 13 of18 W AIS Docwnent Retrieval Page 14 of18 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 and 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 is 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 fede4al funds are involved in the acquisition, construction, or project development. (e) As used in subdivision (d), "offered for sale" means any of the following: (1) 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 advertised 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 scheduled 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 termination 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. 7267.5. In no event shall the public entity either advance the of condemnation, or defer negotiations or condemnation and the f..+L~_ time .3 -5 (, W AIS 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. No 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 Community Development. (b) Notwithstanding subdivision (a), 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 Cod. 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. 3-5?- Page 15 of 18 W AIS Document Retrieval Page 160f18 7269. (a) No payment received by any person under this chapter or as tenant relocation assistance required by any state statute or local ordinance shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Coda, or the Bank and Corporation Tax Law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. (b) No payment received by any person under this chapter shall be considered as income or resources to any recipient of public assistance and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled under any other provisions of law. 7269.1. Where a recipient of relocation benefits payments under federal or state law is also a general assistance recipient under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Cod. and two or more rent schedules apply to the. recipient, the highest shall prevail and any excess amount over lower rent schedule shall not be counted as income or resources for general assistance purposes under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Cod.. 7270. Nothing contained in this chapter shall be construed as creating in any condemnation proceedings 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 provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. 7272. If under any other provision of law of this state the owner or occupant of real property acquired by a public entity for public use is given greater protection than is provided by Sections 7265.3 to 7267.8, inclusive, the public entity shall also comply with such other provision of law. 7272.3. It is the .intent of the Legislature, by this chapter, to establish minimum requirements for relocation assistance payments by public entities. This chapter shall not be construed to limit any other authority which a public entity may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter. Any public entity may, also, make any other relocation assistance payment, or may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter, if the making of such payment, or the payment in such amount, is required under federal law to secure federal funds. L 3-S'8' W AIS Document Retrieval 7272.5. Nothing contained in this article shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of damages not in existence on the date the public entity commences 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. Funds received pursuant to Sections 2106 and 2107 of the Streets and Highways Code may be expended by any 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 ..purchase price 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 Code 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, and if the sales price is fair market value or less, as 3-Si Page 17 of 18 W AIS Document Retrieval determined by a qualified appraiser, and if no federal funds are involved in the acquisition, construction, or project development. "Offered for sale" means either advertised for sale in a publication of general circulation 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), public entities shall notify the property owner in writing, of the following: (1) The public entity's plans for developing the property to be acquired or the su=ounding property. (2) Any relocation assistance and benefits provided pursuant to state law which the property owner may be forgoing. .3 ;"(p () Page 18 of 18 Method of Relocation Merged Chula Vista Redevelopment Project Exhibit B . State Relocation Guidelines ROSENOW SPEVACEK GROUP, INC. MARCH 9, 2004 REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MERGED CHULA VISTA REDEVELOPMENT PROJECT METHOD OF RELOCATION 3-(P1 'l1tJe 25 Dep8rtmeDt a1'B.....lIIIlI c.-...~_...Il~ D~. A "I ~ PlOp_ 1 6lIlIB . 1IDeI.,._...d0.4....11D1ltIlpplylDlIIYdIopJ~ . "'~IIO- C>IIrlIII'" ...Ifter_ .oIIi>.d.g d8 otll8e Qodo' JI . ADy IlJdlllil- pI-- ill' r . . L 0 IbID be ....;.....4 IlJ!eIY bJ tI*e (lnurou IIIIl _ CI1lfamIa ReIoadi...1\4. fIlaDd . o..~ ...... CQdD IICIiaD . 7260 Iltlaj. . . The pnivialcia.... nMA-G_ h...__-.. iWI DOt be ~..ed .g~....u..:lJ lD lI(IIII7lD oaIaa(.) ............. by . pabIic fIIIIiIY pdatto 1bc:ir eII'ecIM _ wbere!be JlUlPCllCofibe ICIiaD _ to faIfiII abIIP- IioDa iIDpmC bydle Actlllll!be IICliClIIlalll """;';-wiIb IbeRlJlire- _.ofthe Actallllthe oxiIIIa& nn1"""- Par!be pIIJI08ll oflbia__ tiOllthe...... "IclIaDWIbID iDcIude batil...1ImiWd lD:dIe pruriaIoD of ~'DCiIke, GIber u.;~~. -.....~. 1. P!IIt boaIiDa. 18DOD. 0nRr of AdoplIon. paJ_lIIlladlorbeDefiIl;1I!ll.._......af~lIIIllall_ Thia aubcbapler (bi:romafter n:fcmd to . tbo "Guidel8a") I. . bouaiDlp...1nm.th:Ia!belDMlJlIIIlaaaIJaDaf__IIIIl,--....; . adopIIIII punuIII& to!be prooi..... of ScclioD 41135. Heakh IIIll Safety the JlI'D . 'II of pievm:eI; 1IIIl!be.YarioUa Upalabn In _ -''II Code, iD onIorlO lmpIemem, iDIaprct ond to iDake apocllic]WO'\lilllll of . willi !be ..."JItIoa of)llapertyfar pubIlc -. . DlYialaD 7; ....., n. n.,;"I wltb SecliOD 7260 of!be ~ Code . n-",;",.n-1baII1pIiJ)' to poINooilnft pJaiaaild IIIllIcea to diIpIa- (h=\D!dler. referred to a !be uAI:l").reIaIIDa lD leIoca1im ....;.......... . ceea ~ 10 the.elfectiw: dIIe of lIlY .......1""")' pnMoioD. 1be I,. _ booaio& IIIId leal properly acquiallloD. rlllhlof,g.p-.-n IIlIlbe reducedlnRlllaacCi oil lIlY om d......n11O NDlE:AudIlirIly_rill'~.6:~41134,4113$."",,41226,_ 1heIe .......- wbere II maybe deiaoaanIecl1Ml!be~ bas .... SoI'oIjiOlde. _: ~ 7260 1II ooq. Oc.._u_4 Cadc;41134, 1IClIld1Dn:Ilaoco....DOIiccgl....lDlbo1.....-bn1dplorlOtbeelfecliw: 41135....41~H..JlIUDlI~c::r .dlleoflllYJP"W'- . . . (e) To the_lb.lIbeoe Ouldellll....., liomlimeto time.....' . ~., J. ~';, ~.A~~~~t"b.'i;;.~{";I":;'76.~~ 11-17-76 . !be ....""\ 4.... abaJI be dfecliw: pnlIpOCIively liomtbedateJbal tboJ 2. RedeoipolioII of0llpur6~ ~I'" DIll_O) IOCIIopIor'bec:omo eIfocdw:. . . . 6,Silbcboplllt J (Saoll....~J....._) 6Iod J~28-77 __ Nom: ~ cIIod: Sec1iC115IM6O, Hcaith IIIdIat;.ty Olde. --=: Ar. danJODd.......-I:c&cd..._IlliDc(llqi8r77No.S). . tlde4,_"~""""''' 'La.. c. . 3...... &1..~lmll"l4-77...~ ... ~_~. .. I" ...I.dfecd~aPcmfil.. . HlsTcav ...c...-77,No.5). . 1.,,--' ~,tJl . . ..-(b)_II-5-76u..__....."......efti.:.. 4.~of.........._<eulDlIIiDc.nl-5-76fi1od2-J6-77~77. . IiwJI-'17-76<R....-76,No.44). . No.1).' . ~CcIlIli.-tJl" .,. fiIod~I6-7?c...-77.No.8). . 3." '-I 'tJl_ODdoewNcml&lo48-12-97:..,..&049-11-97(Re1\1- 1 flOO2. St.I.ment 01' PUrpoM and Policy. ...!I'I.No.n~ .. . '(e) 1be)lUlilole of !be GuldeIiDea 1110 aaalat pubIlc eali1les in die de- IlIOOL Hr.......... , """"-" of quIaIl.... ond pIDCOdllra llIlp1........mll!be AcL (I) Bacb pubIlC OIIIity IIeI'1n \IIIlIenaklua ... ~ri"l in activity .' .....(b!~ Oul~ are di:Il.....dbi carry. Withe... following poIlciea of.. wblc:l1wm-.klll!bediop1-of~aIIaIl adoplruleslllllres- .... ""~ uIaIioaa 1boI ,~ . 1I!ll requln:meau of*,1\4. are ID ..:.co...... (I)ToClll1ll'Csh.iUJlifonn,folrandeqall8ble_l.aITordodper. "wllb!be ~ ofl1io 00~.1IIIl ~ oMIHonal ~ lIlIIII di~ &om Jbelr bcmloa, bnd...,,'- ... farms u . roauIlof Ibe '. 'durellIIIl requlnlmoaIa JbaI are app'IlIlI'iaIIi lD!be pm1lcu1ar adiYltiea of.. ao:ticmaof.poblicODlityincmlorJbalouchper-.IluillDOI aulfordispro- die pubIlc OIIIityalllllllll ~OI_ willi !be A.cl...nn"!-"- ~ lqjOI)' u . roauIl of actloa Iakon fer the beuefit of the pabIle (b) RuIoa 1IIIl......'.......luued uader Ibia ae:cdoIt abaII be JxomprlJ . '. wboJC; ad . J'CYiIed UII>. . 1. to conform to arry ~llllfLM .~ oflbe As:tar Quide.. (2) lD!beacquJallIOD ofrool properIYby .pubIlcellllty.toomun:coo- 1IDeI., .. al_ ond lidr _ forOWllCll of leal JII'OIIllIly to be ai:qulnd, to IlIOOL' o.IInIIIon8. eDCOIII'alll' aod expecllte aeqalaltiOD by ..._ wltb owDcn of ouch . ",upoJIJlDordortoavoidH\lpIl... andn:llew:COlJIOIlloD in COIIIlI, IIIIl TI'!l foIIowla& _1baII1II08IC to pnIDIlIle caaIldence ill pabIlc land acqulaitiOD.. ,'. (a) ..........1Inn . (e) ApobIlc tatlty aboIIlIlIl panldpate iD ...1IDIIeI1ake . project tbIt 0blaiaItIg owaonblp ... P"""''''' of ...."..O:tJ by 1awf'uI- wID diap~ individual. from Jbelr homoo IIIIIea comparable n:pIace- . (b) .....w- '. . . IIlOlIldwe1liDp (_11Jbwtlo- fiOOII(e))wm be available ~Ibin._" . AllJlawfulacIivlty.excopt.r.m...........providoc!.aucb1awfulac- aooabIeperfadof1lmeprita'lDdiap!K ... '.' =:~. :1III1aWful""t Jaddlmdill..t-II,,,,(.Y),coo- (eI) ~ ~- are InIaidod to ~..hlloh oaIy ............m ~ JIIOlIla far feJvoI'nn .HI........ IIIiI paJDlCdIL 'I'beJ IbaII ... be coo- '. (I)l'lK'dlel"".:II-,uIe,~...llIIIII1of_.ooalIllldIeal)llll\lOftY. atnieiI to IIDdllll1 otberiutbarily ...l'hIlptillll wbk:ia. pubIlcellllty may .1IIIl far !be ..-. .....1... '" l" D - ........ -... of ..o&.u. COIIIIIII)o baw: to pnMdelJld!tInl!II-'-1IIIl paJIIIOiu. . . dl1lea, arllllJ adlor poncmaI.....-t,. '. (e)1beAi:lIllll!be(lnl""-_~far!bebeuefilofdlop1~ (2) I'lK'the _ofaeivlcea 111 die pIbIIc; ..... audI ~tairallll--,..hl. . (3) By u.....AarpnI........: ... .. pelIIlIII.JD_"'"!' peIIllIIt '. ...--1>- (4)SoIoIJfardio--af..---";"""q>""'-~_(_aeclillIl IIIIl do ... aaIfor diapIoporIloaaI iqjDrioa a tbo.aaJt of prv.._ de- r-r- -.... . alpedfar!be beoeIIlofdlepubllc ua wbole. 1beAcl. ()Mto-1IIIl /i09O). fer..adaa III !be parcbue.... --. . .r~.."'l, JII1lIlOII". . iIII WL""le rquIa1loai... wblcb d.termlDlll...ure buIIIIlbalfbi: iII& ....,._'..01 . of JlloclDc:b... .h~. ~ ....,M11.... -- . ...,...,. to etrect. lbIa... m-..' . . . . vlcea by theaec:dcm lIIll~of.. ~adw:diaillldiIpIa)i.' . wbodIer ...1IlIl1llCb diIpIa)i la Ioc:aIed 011 !be pr10IIIiaD 011 w!dc:l1111Y of 180114.. ApfiIlcablllty 8I1d S!iperMdUftl. .' ." . !be aIIote actjvldea _ ........ ~I t '(a) EIcqla oIbeiwiae DOII:d i111bia fCClloa.the ()......- art appIl- (e) eo.......... D~ .. 'DWeIIID&..' . C:IIbIetoal! diapl_lIlIh"qulaitioooc:currilla...oraftcrtbeirelfec.. A dweIIIDa wblc:l1..uflea eacb of!be foIIowIDc ~lk: liw: daJe, J1IIIIIIJ1. 1977.' (1) Dec:laIl, aafellllllllll1my (u dllIiaIIIIlII...J I lklto fiOOII(eI)); and (b) 'Jbeie (lnI...II..... _.-...dc. tbo.ndopllid by die Coon"""''lII of . .......,..oIbIo. to !be acquiIed dweIIIII& WIdt.....-1lD IIIIIIIber of-. HouaiDa IIIIlCom....m1IJDew:IopmeDl... 0c:I0ber 17.1973.1beplc!e- hohltohl~ 1lW>R""'- tvneandqualltyof.............:lk>..,bal......... . . .' .... 3-~;l~ ..... Chapter 6. . pDepertment of Housing end . Community Development Programs . . Subchepter 1. '. Relocation. Assistance end . . Real Property Acquisition Guldellnea . Article 1. Genel'lll 1600lI BAllCL.\YS CALIFOllNIA CODE OF1tBGlJLATlONS TIlle 25 iDlOGIIIIarlhiD&~duID.~ ~tD- '.llIN>1be.tl~..lI pcmm. . (2) In lID _ DOt IlIbjec1ed lil "'" . oOtO"ohLo adwne .emlroameaIaI condilioIIIliam cItbDr __ ar ..._...._11. _1IIIl DOt JlIIlDIl,. leu ..-......e.. \be ~..d dweIIiDI wilb Japeet 10 plbIic udIldea, . pabliclllll~daIf8ci1ideaIllllIlliJbbalbaadCOllllitiaaa, I I' "'I ICbooIIIDd UI~ law. I.. -' ~h1y .-~ to the ~ placed pcncm'i praa1llll' plIIeIIIiaI pJaz of empI~ iloOridlld lhaI a P""""ll.lpJazofempl~ D1lI)'IIIII be"-III UIisf)i!be aa:euIbiI- IIJ ..............t If !be "'op1--' pcnlID ab,ioclL' .' ~ActIllll~_~IIIII~lhaI!be~~1 be JlCIlCAIlJ . deainIbIe .. tbo acquIied dweIIIJI& with IIlIpocl to llIIYi- ....._ c:bacleriaIica..'IbDu8h .. dlapl-' penaa doea DOt IIPl: to aa:cpl a cI1'dIiD& IUbject to 1I1II1l8r'0hLo ~....;.._..,,,,,,,O! c:aadi. Iicms, uoiIhc:riu pubIi<: eadlJ requbecI to dqpl~ 1lII.'1.~ .. ...1 cbar- . 8CIIlri1lico, 1IICb.1CCIIic vi... oi-pralimIty 10 !be CK:eaD, laItes..ri....... fareau otOlba' DauraI pbenomaIL . If Ibe dilplal:ed penaa ao wisbcs,' """Y'lellIOIIIIble elfon ahaII be made to rdacalClUChpcnon within lI1'uearlO biJ exiaIing nei&bbOrbGod. WbeIlew:r prICIicab1e Ibe replacCment dwellln&. abidl be reasOnabIJ c1CJl!C.1O reloIl-. fiicndl, acniceaor orpnizaliOlll wilb wbom.tbeoc II. an exiIliag ~ rbncy r-'''u...wp. . . (3) AvalIabIe liD !be prlvale mari<et lD lbedilplaced penaa and nail- able to all penclIII reganJJcu of race. color, -, marital....., reliJioD, or tlllliClDll! oriain in a manuer ccmaiJlIlIIt wllb TIde Vjll of !be Cl\'il RiJhta AI:l of 1!l6B or lIlY otber applicable IUIIe or.fedonI anIi-disc:rim!- naIioa Jaw. . . (4) To Ibe exlIlIIl prIICIicable and wbere lXIIIIiat=t with paiapapb (cXl) of1l!il 1eCli0ll, flmclicnWlJ cquivalelll aod Iabawl1l.llY!he ame u the acquIted dwelJlD&, but 1IIII~udia& -~...... (S)(A) Within Ibe fiDlnclaI mcinI of!be diJpJaced pCnOIL A replace- ment dwellin& II within \be /iIIImciaI uiemo of a dilplac:ed JlOrIlIIIlftbo montblJ reataI caat(lncludiD& uIlIi1Iea lIIIlo!ben....cmablereciDriDaea. penaea) minua 1IIYrep1............. bouIiD&paJIIIllIIl moi1abJe.lillbe JlOrIlIII (u ...u~ inleClion 6104) doea DCit exceed tbirIJ perceiIt OK)! of. lbepel1Oll'iaWftF ~ iDcaaIe (. cIeIiDed in IUbIeclioa6l108(1)). (B) For hu......"__.; a Jq'1........... dweI1IDI is within !be fi"""",ol meam of. dltpI-ed ""'- if'lbepurchaiC priceof!be dweIIilll bic:Ju6. btg nl1aIIld IDaeaed b1II:rest aliIa and otberrai_.h~ ex.peD* 1DCJud. btg c1oliD& c:oaIl (u deac:nbed in IeCliCXI61(2)doea Dotex.c=I!be total . of the IIIIIOUIIl of}ust cOmpeusadon provided for \be d~ acquired aod thereplacement.bouliDg JlBl'1IIIlIII nailable 10 !be penaa (. pr0- vided in aiclloa61(2). . .' If'. dwd!ing wbicb 1lIIisfi.. _1WIdardo is DOt .vaiJable ihe public entity may CODIidcr a lhIe1Iln& which ex.ceeda 1bem. . (d) Deceat. Safe IIIIl Samtal)'. (1) Houainalll IOU1IlI. clean and weaIber tight conditiOll, in &GOd repair and adequaIeIJ .....b.WIcd. in coarClllllaDCC with the applicable IUIIe and local >on...., )lIumIiia& eIec:lricaJ. bouIiD& and OCCII)ImlCJ' codca or aiml1ar CIIdIlIIacea onqulllliollllllll wbich __ Ibe foUowiD& miDI~ mum .......011: . . (A) Bach bJ'on~' jiIDi miit ahaII iDc1ude.1ciIdien with. fuIIJ lIIabIe lliDk.a_...COIIDeclI...for._.aepcaleaod~i"'I...-c; bot 8Dd oo1d IIlIlIIin& _ in bco b8tbmom aDd IdtcbeD. .. ~- and aafe wiriq.l)'llllIIIf...Ugbtiq and oIberelecaical acrvicea 1IIIl...." ilia u required bf cIIm* ~0lI" IIIIllocal oodeL . (B)Bach~~lIIIitallll1belllc:oafontlmcewithllaleaod' local codellalllllida for boardia& bauaea, boIe1a and otber dweIIiDp f... ClIIIjpepIC IiYlD&- . (2) WbeII!be Ia'Dl decem. are and iIDilaryis imcrprelecI, mider local; _orfederallaw,..eilthll~abIPlIaiJdard, \bee1_ oflbtil. bi&ber lllIDIIilrd. wbichexceed Ibe pIOYiaIoa ofJllll1llOlllh (I) ofdda ~ aecIi~ me b....."",.d>A berlli,1I. A oaIt wblch is' , .IM by 11II_ tb8II!be .....d.......1IIIIDber ofJieople aDowed 1IIIder!be. Stale Bui!dIn& Codeahall~~tobelll~ willi !be.-- '1'" Jpiovl- .mn..,M"dtUt_ _t.. ~Lw1 . (e) DtporlmeaL o...-tu-4 ol HoIiaIaa oad(). 1\7 DneIop- .-- ... (f) DiapIaced J'aam; ADy pcncm'. _.liam"') JlaopeltJ. ... wbo _ biJ pcnoIIIl pI1IplIl)' fmm mal JlI1lPIIl1. cIIhIir: (I) ItA ._ofa writIea IIIIIice of~....,.preby. pabIIc 0IIIity ..... _ oldle..,.palliOll of.a mal JIIIIPSlJ.1II wide or iDpmt, by . public eatII)' ... b)' 8!IJ peioaD ... an ..._ willi... lama llIIbebalfof.~_, ....!belaUllof.wd-.im:rfmm.public eatllJ lD _ die mal JIIDPCI\J, for public -:... .'. . (2) 1tA._oflhe..-I.... "'-lln-...Cllbirrdi1lpl""""ac- tivllJ IIlIdoIIaic1l bJ apubliclllllilJ... byf!ityJlllllllli........... ...-..em wilb or lama 011 bebaIf' ofa pubIlc llIlIiIJol'" ..__t.7 em wbicb !be penaa is in Jawfu1 occupaIIC)'...........,." . '-'- 1Dd!be diaplacc- -. eicept u pro\'lded in (l(,_.......4CQdDIICIiaD 7262.S.1a11s Ioag- ~~~~ .... . Tbja dofinilion sha11 becoallrueho_penoIII"'opi..,.... .reau1t 'of public acIi... reoei... relocation beaeIita III caalia wbelilbey are diI- p1aced. a reau1t of an OWDefpanlclJ*lcm 11&I-- 01'''' accjuiaIllon cirried out b)' a prlvale penon f... or in ~ with a pubtic UIe where !be public eadlJ is oIberwiae ......-"...cd III acqgiI<i \be property 10 carry 0Ul1be pubUcu.... . .,' . (3) Ilxcepl penclIII orfamiliea ollow IIIIlIllDClenlc 1DcoJi,e, liaclefmed in SecIioII SOO!l3 of !be Hea1Ib aDd'Safet)' CacIe, wbo ate (.n . .-... of bouain& wbicb _ made IlYIIiIaIJie to lbem OD. pe.~ baaia by a public lIpDC)' aDd wbo are requbed to __ &om lhaI ~ a diI- placed penon IbaI1 11III lDOIude lIlY of !be I'oIIDwID,s: . . . (A)ADy JlOrIlIII wbobaa been delamiDedlDbellllllllawful O""''P''''''Y of !be dilplal:anem ..........t~ u'defiDlld '11I. ...~ ~y).' . . (B) AIry JlOrIlIII who II . poal-acquilidoa ~'P"'" of !be displace- meDtdwe11lD&. upto\idecI i1I aiclloa 6034(b); . . (C) AIry penon who occupled !be prIlpCIty for !be pIIEjlOIe of ob1aln- iDa relOC111loa beaelita lIIIlonl-=.. . . . (D)AIry)ierianwbois....,.'<l.... p ota"Qo-Mfi"" atrclnIaIiJebouliD& . preaenaIion prvject" aod all ~ ofao.... ... CQdD leClion 7262.5 are mel; or' . . (B) Any perIOD ClC:ICI1J'JiD8 prI- .........1) (llllloiberwiIe ead1led to telocalion benefita. areauJtofllQ ooquIailIoa. ,.,w,nlt.i;"" ...cIemaII- tioa prupam) wbo is required to __ ... niadt 01 !be CIIapl.....1 lIpDC)". tOUlineear...~ofholtdl"l, boaaIDaOl'besIlhCildea uDIeu \be code ear.............4 is IIIIdenabn for !be JIUIPCIIC of....... disp1ace- ment in ""';dillIIIoa with IlQ ideDtified rebabI\I1aIIoII'CXIIIIIlIICIlaa or demoIi1I... JII'OIIUl or project. . (P) A penaa wbO ia DOl required lD JIlllVIi)lellll..-ljl or""""",...iIy U. reauJt oftheprOJec:( uloq U tbeJ are IIOlIfied lbeylire_required 10 moVe and.!be project cIciea DOIlmpoae In _.r .. "'" c:ban&e in !be cbaracIer..... of \be JIIIIPSlJ. '. . .' . . (GJAIi_~'P"'" wbomovaUalaultof_lUlIJUIaItIoa..-- iD8 !be ..q~ of 001.....,.&ul Code IICIiaD TJ;17. (&)DweIIiq.1be pJaz of jlCiUu.4 ...~ -.am IIIUa! abode or. penaa, m..""""I.liDaIe.famII1dwd11Da. a ......,- . fllWilJ IIIIItlll .~dweIIIiI&.JIIll1tUlonol\J....IIIIJId}...._d- ...... .lIIIitof .a(>\)j~-;.I..I""''''~llIheboaaiqJim.jelll,'.'''''''''' -""V"I. . _ow-. .........u.....I~.. daai1led lD 1Ica1Ib IIIIl Safety COcIe see.;.., 18l10....111Y otber- u .I.i IIIIit Wbidl'eI1beI'iu:olllid- 'creelto be mal ........v IIIIdcr SIaIe......._ be...-d wiIboaIlIIb- DIIIia1 damaae'" ua-"-l>It __ A """""""" ~ DOt be decan. aaf'e 1IIIl"""'1O be. dweI1Iq. .' '.: . '. . A IllCOIId home sha11 be COIIIicIenld 10 be. cIweI1ID& CIIlIy for !be pur- pooe of eatabIlablq eJlsIbl1ItJ for pa~_ for 1IIlJYID&1IIIl tela1ed ex.- 'pema (. JIIIIvlded In aecdaa li09O). . . '.' (h)fI..---mlclleat.1belllllOlllllofn:at.II:DaDtOl'b.--wac; wiIWd , haw lD p.,. for.dwe11iD& aIlIIIJarlil!beacqulred dWeUbocill...........,.. b1e~y HoP,""",~ A h",..w.l~ in wbichlbebed'ofl1ciw-ho1dor . apoaaeia 62 JelII'I ciro1der. . '3 -"'3 0.. ~. ..l~......... . 'Jlde 25 DeparlmeJJt oi Bauiiac lIIIlI c...........dt) n...-*>. ..-1....._ 1'012 (I) PimlIy. Two ... - iDdiYidaaJa - by blood, ....m.ae.1IIop,. .liaa. ...1IIIIlIIIII....-a1iYe 1IlpIber.. a famI1J 1IIIiL . (k)Fama Oporaioa. ADy acll~ '.....IlIIeJy...JIIlmadIJ fw!be .prodaaiao of CJDe"'iDaI'e. ~ piudacgor.~ .......II.....IDcIud- iDI timber. fw laleor hame DIe, 1IIIl......--lIy pnlducina aJCb prad- . UCII or COuu.~ ill IIIfIiciaII QIIIIIIlt)' lD be CIpClJ. of contn"boq mIimiaBy to !be "1""...."..."1'1'011. . . . (/) Groa Iucomo. Gmo. iDc:umC _tho UIllIIIIlIIIIIII incomo of an indiWlua1, orwborealllmilyi. di..........lOlaIlIIIIIlIaIlDc:omooftho par_ enII...lIlIIIIt~ofbour"""'. .....!befallowiDa: . (I) AcIoducIicm ofSSOO fweodl lief ..... ill....... oflbnlo. ' (2) A """""'lon orren po:n:eIIl (I,",) ofUlllll iucomo for an eIcIodJ or hllN'K. ~ hNlphnId ~A-~cmfor~~~_~i~Q~. fiued for Ibia JIUIPCIIC to moan ~ "1""'""1 in....... of....... por_ 1ZIIloflOlal iDcOmc; whore IIlIl """'1""'--' for...cxnaal byiw..._ or lIlher _ IlICb u public ...;........ "'lDltl..co..:l)'. (4) A doduc:Iion of reuonabIe -. p8id fortbe ClR of c:bildrou or aid< or loCapac:;wed family """"""". wbon delamillCd ID be r 'Y ID .....Au3....A of tbo bel<! or IpOUIt, oxcepllbaltho IIIIIlIUIIl """''Clod abaIJ IllIl ox=d Ibe aiuoum of i_ rccoIved by tho poraon \bus Ie-. leuOd.. . ' en- IDc:omo i. dividod by twelw to ucenain tbt......... lIIOIIIhIy iuoomo. Rdoc:aliOll aud P"JlI'!liacquialtiOll paJluenIS ....1IlII1D be COII- sidonlII as iDoomo for tbe de... ...t. ".IiJ~ of liIianciaJ _. (m) Handicappod H~d. A ......-.....-;1 ill whichanJ mombor is ~ or.diublcd.' . . (,,)bdtiati... ofN.g~ 1boillitial wriDcn ofICrmadeby thoee- quiriDa eutilJ ID tbo owoti of roal]llUJlOrtJ to be pun:hued, or tbe OWII- cr'I,~ft:. (0) Mlmufoctmod Home or MobiIebomo. A atnICIIII'O doaaibod in . . HeaJlh md SafOlJ Code: SOCIlous 18007 aud 18008. . (P) Mongap. Such cl_. ofH_ IS .... commoul. J Ji.... ID seeun: ,ad_ on, or tho Ullplid JlIIII'bUopriCoof. roal pn>por\)'.lDJOlb<:rwllh tbe cn:dit ~ if IIIJ.1OCIII'Od tberoby. . . (q) OWnenbip. Holdiu&.1IIY of thO followiug inlcrests in a dwe1lin&. or. Comract to pun:baac 011I oftbe fim aIx inlcrests: (I) AfectiU.. . . . . (2)'Alife-. (3) A SO-_laua. '. . . (4) A IaUawilh II llUl 2O)'llan IDnmfrom tbt data ofacquisili... of tho PJOIlItIJ. . . (5) A proprielary iDlereat in . coopcraIi.. housing pn>jact which in- cl", the right to OCCIIJI)' ac1well1Jl&. (6) A proprielary iDIa'oat ill a mobilcboma. m A leuabold iDIa'oat with III opIicm to pun:bua. 10 tho....oi''''''' woo bu ...~ to lIlY of thO forOgolDg inlcrests by deviae. beli....~ iuharitauca...cipeiaIion of!aw.1ha lalUleofciwDar- abip; butDOt cx:c;upaIIC)'.oftbe ............... owner abaI1 include tbe_ oflbCJII1lClllIiD&_.- .'. . '.' , . .' - (r)Panoa. ArrjiDdiYidoaJ, faml1y. parlDInbip,ClIIpOraIioo,HmltedH- ~ ...~..aioa ... uooc:ialiool. .' . '. . '. . . (.)PubllcBmity:Iucludes Ibe _ tbeR..... of the Unlvenit)'of CaJiforula, .COIIIIt)'icit)'. cit)' IIId COUDtY. diI1rict,publij:authorit)'.pub- . lie IIICDC)'; IIIIlIIIY lIlher po11tIca1ll1lx1ivisioa ... pubIIe-I"AodOll ill . Ibe IlaIe wballICQIIiriDi JalIWJlllllY ,III' IIlI)' iDta'eIt1hc:rein, III' onIaring tballICqUinlcI pnipeIIJ ~ ~ in lIlY c:ityoi coiml)' for pablic lIII.' (t) PublIc U... A.lIII for wbicb pi'OJlIllt)' may be ~..d by emiDaIl "'--'- . ........... .' (u)T_ A pc:rioo Woo IaIIi or II Dlberwiae in Iawfid}lOiseaioa of 1I dwel1la& IDcIudID& a a\eqIbIa 100III, wbich i. 0WIlIlI ~ 8IIIllber... . (v) Uulawful 0cc:upaDc:J. A pcrI!inll ClIIIIiderad to be in unlawful oc:. CUJIIIICY iftbo peraoo has beeD ordend lD_ by a Court of"""'I-I...a . jwilldidion oriflhepanClll" teoaIlCJ has beeDI.wfu1ly 1I:IIIIIuatedby tbo . OWIIOI'forcawe, tbe IeIIlIIIlbu vacatedtbeprem1sea.1IId tbe.termination - -~forlbo JIIII1IOIIof.-.adiu&mlocalloa"';-obIi- am-. IFar daa .........-to die i:dIOIia . IiaI1J II 0..: 0llI0 __ 72QJ(J)(3)(A) tlaaaP (I), - -....... . - . -. . _" piarto ~1.19llI."'",~' ..... q,...ballbot....or4i.....-(25'JI,)oflbo _.........~....... '. . . NaI'I!: ~ _ __ 504SI,HoaIdtud SaIioty 0llI0.R& See- Iiaoa 72IiO(b~(0)(2)(A~ (l)(1)aad 7'ZT1. o...__Olde; _ i7OOll, c- plliaIDs 0Ide; aad-"'llOO7. 11008, llOlOaad -. _ aad SaliIay 0Id0.'. . HlmlRy . I...m.... I of...ad.....Nom&ladB-I2-97;ul>-;,;;.,9-J 1-97 (JIqio- ...rt,Na.33). . .' . ..' . 2. _padaa aad _....... of........----- (0)(5) . ..- (c)(5)(A)-(B) aad _a-t or r-L '.... (f)(2) .... (1)(3)(D) filed 1~7-99;apaaliwll"'~!IlI,No.41): .' t&010.Prtor~ (a) DiapIaccmeut. No pub1lc euIity may'..-- with lIlY phua of a project orDlhar actlvitJwhic:h wD1 '-It III tbo "i'P'- of IIlI)' por. 101I, buai-. ... farm 1IIIli1 it....qa thO fo1IowiDa deIarmiuationa: . (1) Pair and...........,... taJocaIioD JIIJ1IIIIItI wII1 be ptOvidod toe1iJi- . b1. JIl'IIOIIIIS JOqUin:d by Anick: 3 or tbo C1uIdeI1-. . (2) A raIoc:aIioa .-......... JII'Cl8IaIiI oft'aii.a tho Iani_ daacribed in AnIcIa 2 of tbe t'lnldoHn..' wlU be ....""'-' (3) Eliilbl. pcinoaa will be ~uodloI) iufonoed of tbo ......__. bcnefIlI, poIicies,'practi=a aiuI pnICICIurca, iucludin& griavaocc ~ dun:a, provided f... in theaa O'Nl........ . (4) ~ UJIOIIlICIDtaurvey aud mWJaia of blllt!be boiIab>a -. of pllI'IOIII wbo wlI1 b. displaced IIIIl avaiIab1e rep1acemeul bouaiD& and c:onaidariua """'JI'"l"ll.._...., for Ibal ..........., c...~.ob1c n:pIaca- meut dwelling. wlU be .vailable, Or pmvidad, if""'l' oy, wltbin. rea- acmabIe pariod of tima prior lD dispI- oUtticieut ill 1IUIIIber, aizc IIId COlI for tbe eHpbIe peraoiIa wbo IelJIIbc 1I1eDL. .. . . (5) Adequate pmvisiooa bave boaa made 10 provide'orderIJ. timcly, IIId efticieut taJoc:aIioo of e1igIble po..... to co........obla "1"- bcJuaiDa .YaIlablewllboutn:g8nI to..... co\or, n:1lpao. -. marilal_ .111I;'" oatiaoal !lrigiu willi miDimumbatdabip Ie Iboaa aII"ected. (6) A 1doc:ati0ll pili! maetiIIa tbe IIqlIin:memu ofSOClloli 6038 hu beeDprepmed. . . (II) AcquialliOll. No poblic euIity may proceed wilh lIlY pbU. of a . proj<oc! ....1IlI)' Cltber acllvily which will ftlIUlt in tbe acquialtloa of real JII01lCIl)' 1IIIli1 it deu:tmiJa that withn:apcct.. aJCb acquisilion and to 1110 graateIt _ JII""ft"""l.. . (1) Adeqoale pmvisiooa bave beIio made 10 be guided by tbt provi- aious of Anic1e 6 of the Ovi.wl.. 1IId' . (2) l!Iisib1c penona wlU be ~ oftbt ,...lb...c benefita, po1icies . IIIdrequln:mama of thO 0nI""1h- .' HlmlRy I."m_' ~ 'oh~(b)&lad1l-S-76...~do:&;""""_ live 11~-76 <ReIi*'76.No. 44): . .2. c..dIicaIc of r .r' _ ~16-77 (RcpIor 77. No. 8). t &012. .CJtJ.n Pall'llclpdal\. (a) AD]lInOIlI_ wlU be <11"1'....... ....81'1 ....bood gIlIDpi 11IIII illy telocalkm comaiIaee .ball bo gheo III lIJIIllIIlUIIit aad abouId bo ..... .:...a..,cl full)' IIIIl ~ to pao~ inrcviewilJ& tbeldoca- Ii... pIaa IIId IIlOIlitoria& tbe ~ ........... JIIOIII8IIL (II)Wbeu a ..._oIl111111llm'ofpnaoa wDJ ba dIopJ""'" fnmt1beir . dwelllDpthO poblic ctIlity IballIllClJlnF tbe.'.........IIIIl.......""""'>' . "'lP"""'rinnt III thO cJ;1pI~ IRa to fono a ...lnNtior CI!II1IIIi-. .1bo commiaee abalI iDclude, wbea ~ ....donJlal 0-_ pama. n:aideulia1-. ~ peop1a, IIId ........ben of eiiaIioa or- pnI..ol'llll wlthID tbean:a.InHeuof;ftlli"~, a_ pIOCIII ofcllizco . panIcIpatioIt. poblic. aititiaa wbidt ..... ................ ... _ Co~"'''''io>&. . citizcu panicipatiOll JIIIl=II ai part or in oxiaIins'-'."..-. po....~ may aubIlillUe IlICb JIIIl=II if it IIIIiafiea die ftlqtIiJamcou of Ibis aectiou. -3 --(P'f 16014 . BARClAYS CALJIl'ORNlACODE OFREGULA'I10NS . '118e 2S 1&030. Purpoa, . '. . '!'be JiIrpoae oftbla JIIIlil.lD act faltlu"'t"h~ wllbRljiect mille dew:Iopnat IIIIl ;.....,-.....,., of a .............. oUI......... IIIMIary JlI'OIfIIIII fCll'!be JlIUYiIIau of ajJeclfled aemc. aadlO pIaacribe!be obJi- p1i0ll of a public 0aIi1)' DOl lO diapIace...caIIIe!be"''''' . . of imY pc:naa flam Ida d1noDiD& wi1bouladeq.-lIlIIicelllllhmlaa .......-lIb1e ""PI~ houaiaail~ .... . 1 &032. ReIoc8IIon AMlat.nce AdvbIory Pnlgnm... Publicemilieallba11~IIIIlIn.,dw-4.~."'~1d- . viaory popIIII wbicb aiiaIiea !be recpII.-<>f IbIa anic:Ic _ of Tille VI oftboOvil RigbIa Actor I 964. Tille vm of!be OYll RigbIa Act or 1961l. 1hc Uaiub Ovil R1J1na ~'!be RumfORl Act IIIIl applicable IIlIIe IIld fedcial ami-dl1Cri1liiualioa IaWL Sucb P';"'-.1Iba11 be adtiIin- islmld 10 u 10 pIO\'idc adWaIy ICI:Yk:ca wbicIl offer ......bnnm ui:iI- - lO miDiIllize 1hc bardabip or d1opl- ...... aDd io _1IIIl (a) all pcncms displaced flam dlcIr dweIIIDp arc Idac:IIcd IIIUl houaiu&-- iDg tbo cri1cria for ~...;..abIc n:pI""'...... "cJo..;,.; and (b) all pnons displllClld from tbdr pi.... ofbulilaa... fann Opoi__ arc auialad in _al>llthb'g wllb a minlnm... of dcIaJ IIIIlIou of eamiDaa- NO'I1!: A~ Ci.od: __ 50460, 1kaIih... SafeiJ Cadc.I\tE boa 7261. 00._......4 Codc.. ',", '. . . . . IfIs1atY' '. I."" "..-'..of_aad-Nom_I-I2-97;.:.,....;~'"'II~(ItcciI- ....!17.No.33~ . . '.' '. Il1034. Eligibility. '. . (a) RcIllCll1iaa .1Ii........1Ild bimcfiu aban be ImIiIIIbIc to: (I) AIJ'j _ who ~.;. property mim wbic:il be will be dill- pIaccd. . . (2) AlJ'jpi:noa Wbo wllhlio~ from IaI JlIIIIICIlY ...wlll.......bIa per- sonal propionJ fJomlal propcrt)', bci:aIIIc be will be dIapJaccd from alh- cr IaI propcrl)' on which be ........_..~ or farm ......~ (3) AlJ'jpenao who __ flam leal JIIIIPIlII.Ju a.-ltofill a<qUiai- lion I>)' a pubUc aniI)' wbctber!be IIIlne Is vall11!18lY or Inwhii1lary. (4) AIJ'j penao who. foJJowID&!be Imtl""';; of ~....... 1>)'. pub- lic CDIitJ, __ illbe1'Cllllt orlbc pcIldIDa.eq"lollVvo.. . (S) AnJ penao who moWa .. !be ...Jt.ofJlOlllllllJ 8ClJIIlIItI.... reha- biIitaIiOD or dcmoIidon.1>)' a public elIII1y drber ~ RCdpt of. Noli"" of IDIaIlIO DiapIace (....1eClicIl 6086) or .. . ~ of iDducc- _lB'_ I ~"""by!bepubUcanll)'.. .. (bXI) .....~cm -. !bole who JawfuiIy OCCIIJIY pmpcnJ lIIII)' after a public i:aihy acqui!ra It,...who IawII!Ily Occupy property at- lcr!be priVllC oajulaI1IllD of ",..~l) l:iY.pc:naa wItb....na... ape- moot wilb. public oalityfor!beJIUIPCIICoffinoovol...lbc~ ordc- veI.,- of !be JIIIIPIlII.J; .... DOt'cUaibIO for-- aadbeacfill otberlbm ad.uoiy uaIa1m:e lD !be-.delenDiiIecl bJ lbc "''!PI.., 1pIll:J. .' ". '. A public aIIIlJ IbalJIDfoim plIIl~."""rqanIiDg!be . pro-jccIcd dale of oII'1"~ ........ aDd, jlcdcidica1I)'; abDaId inIbrm PCJa'- lII:lj1IiailioD_ofqc:blDpallllblal"ujl.'~'" . .' ". (2)WbeD!be"'''P'-of.irn_ ." ,laltlnoo__l:aI*aabanl- .16CI2O. Sftwr8bIIitr. '. abipfcJrduitpericmbcc8ulcafa.cii1lcaI.......IbcJrlaF,."""M.-.r. IfIllYJIIOYialonoftbo t1nloW;"",...!beappll,..,;.;,.lbcreoflsbeldlD- iDIlriDIt)'. Jact:oflln"""",1 _ crocr. "'..........- "" !be diapJacID& va!id,oucb invaIidItJ ahaIl DOl ~ orbet l'"'.uioiIa Or appIicadoaa of . .anll)' obaJI pmidci'elocaliaa adYiamy",;_ aad, may lD ill diaa\>- !be OuideliDco wbicb can be si- effect wiIbout !be InvaIJd pnmtIon 1ioD, povide otber_.l moc.dOll beDefi1a.lD neb ....dIbij. ailDa- lB' 8pjJJica1i0ll, IIIIl lO tbla cad !be prI1YiIiOlll oftbo (JoNWl..... ....oewr. liooil a pobUc eaIIlJ Ia IIIClIII!'IFd lO,pravide ~. ...;_ aDd able. . paJIIIlIIl fcJr moWIc ~~ ...,. If a .~liad ~ of pnlIIII will ... bO 011'" ..... lium 1bc:ir dwelliDp.!be pabIic CDlily abiIllIlleut CODIlIIt wilfllIIIl obtaiII !be ad- vice ofRliclaa 1Dd~,~. .,1...I:oa.-IIId 1IIIb. tbc lfloo 1:100I. plan nailIbIc lD I1ICb pcnoDIlIIIl orpnI-.... prial- lO aubmllIiD& it lO !be 1qis1aIivc bacI7 'fur ajJjInIvaL (See oec1ilm 6031.).. . . (c) Ata...i..i........1be diapIaciDa en1ity IbID jllRo......!be foIIcnriDa; (1) ThncIy IIIIlfWI _lOaD ~_...._.d. ~lO!be- JlIOIIIIID. A pobUc elllil)' may ~bl7 JeIlIiCl __ lO IIIIltaiaI wbere ill confideulialllJ iI]iroIecredby law orilldilc:Joaln is probIbited by~ . Tbc "'opl..-l." elllilJ abaIJ CIIIUIIl tIIIl!be iufw...aiuu in cIocu_ !be pnl'IiIicm ofwbicb wou1d JaUIt ill cj;oclOllD'C af!be idealil)' of eJicl- . ble pcncms is prvvidcd In . __ doalll'-' lO alIJid lIUcb diocJoue. 'I1daobliplicmlOavoId h..l"ojIe;cIiIdoIme obaJI DOlafl'ac:t 1hcriptof !be penon ID which the informalioD teI.....(... iIDJ lllhl:r penon IIIIIbo- "zed in wriIiDa bJ such penon)lO iDIpecllucb documcIIIa. . . (2) Tho pnlVilillll of ....mn..1 aui_.N "1I"y lO inlel]Rl cJo- 1IICI1II of !be rcJoc:aIion pll!II and 0Iber pcrtlncnt 1IIIICriaIs. (3) Tho rightlD aubmit wrIlien or oraI_1Ild objcc:Iiona, in- cluding !be riJlbt 10 anbmit wrIl11ln COIIIDICIIII on !be reJoc:aJion plan IIIIl 10 have 1ItCIc co".,........ II11IICbed lD 1hc plan wbcn it i. flll'Wlll1lcd lO !be. locaIl....laIivc bodJ ... the bead of 1hc IlaIC IIpIC)' for approval. . (4) Prnmpl. wrill<l1 reopOIIIC lO 11II)' wrIl1e1l objeclion. or criIic:ia1QL t 6014. PrelllCJtllalllllo D1apll1celnllnL No jJenon obaJI be displllClOClllOlil!be public ~tilJ baa fulfilled!beob- liaaliona itnJaed I>)' !be Act IIIIl GnidcIi-. 1601&. Remadl.. (a) H!be public cntilJ baa not fUlrllled D1'is DOl IDbsWlliallJ fI1IfilIiD& ill-rdocalionlapllDliblJilica, it IhaIlccuc dillplllCClllellt lllllilsuch lime as ill n:sponaiblJiliea ire fnIfiIIed. Wbcn appmpriaIc project impl_ IlI1icm obaJI be IIIIpCIIded ... tcnniDaIed. . (b) B1il'bJc peIIOIII who 1IID.e wilhor4 offen of .&&I_1IIIl bello- fitS; after !be public eDdl)' _ reqniJed lO offer ...,.;-.w. ... benefiII, IbalI be pnMded IDCb ............. IOId pa)'DI<IIIli IOId, wbcn ~ co....,......,a"" fcJr addidooal_ iDcQIred. Tho mspl";lII en1ity ahIlII make every cffnrt 10 itIeDIify IIIIlIocale Iucb JlCIICIIII. (c) A public en1ity may paJ. c:ompJainanl'. aII<lI1ICy'. feea_ COllI 8IId is Cncomaaed to Cimaider doing 10 wbcn acomplainam iDali1ntea a oua:eaiIi!I .dmlnlahadyc oppcaI... judicial actioo. (d) ThocnuiDCraliOll of rcmediea ill Ibis accdon is DOt ;,,!~ lO dia- courwac lB' preclude 1hc UIC of lllhl:r ri:nxdiea CODIiaICt1l wilb Ibe inIaJt of the Actlllll GuidcliDCa. Ratbcr a pnblie anll)' i. CIICllIirqcd 10 coasid- er aDd edopt otber~.. t 601& PrIorltyllf F''lIdaral Law. .' If. public CDIitJ 1IIIdonakea. pIOject with federal 11"""";.1 ...._ and C<lDIOCj\ICIll1_ pnrvide Jdov'o...... ...;_ IIIIl bmofiII.. Ie- quiJed I>)' fedcnllaw. !be proYiaInaa of!be Act IIIIl O..lM-1bID DOt appJr, but if an obIiptioD lO Pvridc mIocadna ...lot"""" IIld bmofiII is nOt impoaed I>)' fedeIallaw!be pmiiioDt of !be As;t lIIId GuideIinea abaI1 apply. . Article.2. .' ReloCation. As81stence Advisory Program and A88l1ri1hce of Comparable . Replacement Iio':'alng . See- . ..3 '- (, S- , .:..LCil 1l1Ie 25 Departmeat fIlBCJUSiD&'" Cdouu.uait) Dew:l4 mt P\4op_ 1 fi04lI (3) Wbere .Pablic~.lIf ..llo-I) li-.islDlkiDg bouabIa naI1- ibIe......, .....dbu!a..pDII . ............wbO........!be .. .Iallltllf. wriII=..... flam 1be pablicallilylO _ii eIiaIIIIe........ ,Iocadoa' ~- aDd beDeIiIs 1f1be ardeI'lD _111eIIIlIlI. 1D aplllll . lO d~ ebabiU1lIIe ... c:IIaaae Ibe _ of IIICh IIIIitL NQJE: AIIhIIrilJ c:Ilod: ScaiaD SI4Sl, HooIIb 11III SorcIJ 0Ide. Ref_ Sec- . tioo 72t.ll(c). 000. CDde. '. . .~IUlLJ. 1.~-'" lof_ ........NcnafilodS-u-9I; --",=P-U-97lloPt- "..,7. No. 33). 16CDI. Aet.bllJl8llon 8IId Demollllan. If . pabIIc IlIIIity lDIdcnaItes . rebabilillliao or demalilioDJlIIlII.IIIIl .... . . renIt . peDClII or buai.- i. diq>l--" Dam priYUdJ DWDed JIIUPI'I'lJ. !be publle ealily IlhaII provide ......~ IIIIlI beDefilL If. per_ ICII ... buaiuea is diaplaced by IlICh lID UIIIIenaJrdD& fIomoJll'OlllllJ Ie- cjuimd by a pdIIic e:ndtY. !he pubHc ealitJIbaD )II'OYide UIi_ IIId ~. . . Nare: AaIharity oiled: SecIlon 50460, _11III s.r.,. 0Ide.1ld_:Sec- tioo 72t.ll(c), Oc>_.......d Code. IbsToRv I...... ft' .oiioc:oi....bcodiDa-___Nan!filedB-12-97;aporo- . 1iYeP-1I-97~!17,No.33). Il1038. Rel11 clition PJan. . (a) AI IOiJa u pouible foDowiDa !be illilWion of 1lIlJOliali.... IIId prior.lop" ~ ..... wItb lIlY pbue of. projectOrClIII.uctiYilJ that wDI rooult iD dlIpI-,. pubIjc eatilJ abaII Jll"JIIIO .Rr1ocoticm Plan aad ..1ImIt itforapplOwI lO!be IocaJ IogiIbIivobody.orllldle....of._ qCncy.!be bead of the 1I/fJDCJ. Wbeu tbo publicllllity'l actioa will lIIIiy roouIt iD III iuignlfii:ant IIIlOUIIt of 1IIJIHIlIidonIi dIar'--- . dio- p1acq IIIIity abaII providoi>oDoftl u RqUired by...... 0,,;'1.,_ IIIIlI .laIC Roloc:aliem Law wilbout """'PI;....... wilb Ibia aoalaa, For RIidea- .. '.1iaI pIIljoclI. 'oflS or I... bouaobolda, 1be full aad accuraIo ". ..-lioDof IbO ModcI Rolocation Plan HCD-83~_). wbic:b Ii h..u......Ad by ..,r...~.. ih.tfonhiD fiID. abaII bepl....m.'''o beiD """'PII.- wilb . tbopl....,;;,g lOQIiiromeala'oftblallOl:tilllL CopIca of die Modd RoJoc:a.. d.... Plan HCD-832(6181?9) u woII .. Ibe lIIformaai.-l NDlico HCi).433(6181?9). whidl llla..............a by aor_.u if lOt fonb in fuD, IllaJbeclowoloedod fIom the ~"""""I inIaDot web aiIo at wwwl>ed~ p. TbiI form OIID be obIaiDod Dam !be Department IIJ Idepboniata 916-323-7288.' '. (b) A IloIocatIon Plan abaII iDcIudo tbo followlaia: (I) A ~ akolcb oftbo project..... (2) Paojoaod....of dIIr'- (3) A wrillOll anaIyaiJ of!be.....pIO n:loc:aIion noods of a1I)lOlaOllS 10 be .cI"I"1'COd (as roquiaod by aoctIon 6048) 1IIIl. doIailod oxplanaliem u lD ~ 1bo& aOeda aIelD be moiL ' . 0 . (4) A wriuoai anaIyaiJ of",locaJlem bouliDg IaIIUIl:oJI (u roquiaod by aoaiem 6OS2), . '0 . (S) A doIaIIoddoac:ripli... oflbo n:IocaIion advilmy 1OfYi... Jl1OII1lIIl. includin& apecific I"~. ....1oc:atIDa and aoI'min& eIIJibIe)lOlaOllS to ~~I'I'pJ.~.hftn~.. . (6) A doacdpIiaa oflbe RiocaiiemJl8)'lllOllllID be IDIIlIe (punuant lD Arlide 3) IIIIl it pIaD .... diIbG.-..ut.' . (7) A Coot os1imaIo .... ~ out !be plan IUId idcnIifjcalioa of !be - of !be IIOCOIIaI}' fuada.. . . . (8) A daaIIed pIaD Ii)' which aay 1aaI_ houIiDc (u doIcribed iD . lOCIioit 6OS4 md ArdoIo.4) isID be baIIt and fi........c . . (9) A llandmIiafonnalIcm "..-..-. lO be _lDalI_ who wDI be porJIIaIIOIIdy dlapIacod (as 1"'I.....d by IICClioa fi046). (10) T....,.;....,. rdoc.doa pIIIDa, IhIlY. '. . .. (It) A doacripliemof~~. opo.odiva )lI1ICOdlu..... . . (12) PIIIIa ....c:iIlzen ~ '. . . , (13) An .........odiuu of !be ~dib.doa actIYi1iei 1lIIlIonaton (pur_ . _to IldiaD 6052): .' . . (14) 'Ibo . ......-.... of lbo n:loadiOl! Cl''''...III.... H lIlY (pursuant lD IIOl:tiOllliOI2). 3- {; G. PM.1ft. (15) A wrilIeD .... .......liwby!bepub&c:OIIIlI:;ylbel:tbe i.... """'* wIJ be ImIIabIo.IOIJIIhaL' , (c) APIaa ...h,-.:4by.kICI1 pabIII: IIIIity IbaI1 be ""';';-wltb!be kICI1 iIIIaIJaa...... . . . . (II) Ill1boCWlll of doIaJ of IIIIft IblllIIIie r-III ibe 1.....1 ,... '1lII oflbeRiocaliim JIIOIImI, lbeplllllllJall beuplaed priorlD ~... Iiaa of.... JIIDInIII. . . . ',' (.)(1)0Ipi00 ot1bopliaIbaD be ..bmIIIod....roYiow to !be.~ .........111.... 30 da;yI piar lD. ""h.nn.llllllD !be Ioc:aJ IqIaIane body or bead fIl_llleDO:Y.... appIOVaI. Copia IbaD be available lD tbe public: upaa IilquoIt. A cop)' oflbe fiDit RiIlClllan plan IbaII be forWlldod ID !be dq...1>u.ul ........1baD act u ....... ~,.. . . (2) Gaaend.1ICllilZ oflbe plan IbaIlbe provided. Notice IIbaII be do- aped lD IaCh tbo .....' oflbe ....-1). It IbaII be III acollI'dIIDco wilbdle proviai_ ofJlllll8Aph 6046(1)(3) IIIIl onbIecdoD 6046(b); md iuhall be po.ided 30 da;yI pri"'lD ml.n;..... lO tbe Iaca1loai11ad.., body or bead of _1pII:)' for IIppIIMI. - (t). AIry dilplacocl poncn or i-..r.d orpnI-v. may polilioa die ~b.-ID ro\'Iow lbo"'ocaIioa plialOl)liind lD ... aubmllIed by !be diaphlO:iDg I&OIIC)'. 'Ibo cIoparuaon! IbaD rnIow tbe plm iD ICCIIIdana: wilb Ibe limo ClIIIIlIainIJ IIId 1bo)llllClOduaea llIIIIbtillbod iDAnIc:Io S. ~01E: AldiariIY cited: SecIloII S04IiO, lIoaI1h. _ -, Code. Refora= Sec- ..... 7260.5 mil 7261. acr..._ 0Ide. . . . , '. 1fImlRy, o' '1.~- . . of. . ~.II(.)-I-a:.77...____od....IlIJlIIIbodOlll!; -_II1IDaOtol*o77.No.Sj. . 0 . . . 2-~~' lof," ....OO-(.H.XIl,..w l . -(/)........NIJIE 1ilcdS-12-97;___9-11-97~!17.No. 33). 3. }om -. , of A' .... (I). (b)(9) -.I (OXI) .fIlod 111-7-99; oponIi>o l1-+fl1.~",.No.(1). .' 160411.' IIlnlmum Requlrementa of ReIDCIdIor! AnI8l11nce AcIvIaoIy Pnlgrmn. (.) Baob aoIoc:atIoa ..a--.:e advilmy propam 1IIIIlonakon punwml lO tbiI Aniclo abaII include, at . ".;,,;........, IIJCh --. facililio& or IOfYiooa u may be -" or IIppIOpriare iD tmIor to; . (I) PuDy iofona oIiialllo poI'ICIIII1IIIdor1bia Aniclo within 60 da;yI fol- lowiD& Ibe iniliaticin ofllOaodationa butlllll__than!be olooo of CIICIOW on !be prIlpOIt)', f... . pai'CCI U ID Ibe avaIlabi1ity of roIocadClll beDefita and ~.....~ IIIIlIbe oIIpbiJIlJ ReI..!>"";'" dIorofar. u well .. lbo, proced",,,,forobtalniaa IllCII beaoIiu 1IIIlI......__. iD ~........ wilb. tho aoquiaomoma of lOOIion Ci046. Forpllljoc:la by private ponIea wilb an """""""" wiIb a public: onIily, Ibe "inldadoIi pC 1lCIOlI8Iiaaa" IbaIl be thelaloroflbe dale of aoquiIIIioa ...dledalooflbewriuoa "'.........4 be- tween dlepri......1IIIity aad tho pub1io IIIIity far JIUI1ICl8CI of acquiring OF dowlopina tbe properl)' .... die project,.' , (2) DoIamiao !be ox_ of Ibo IIOai of ~ auCb oIIgibIC ponoII for n:Ioc:adoa __in acoordanoo 'WIIb !be.IeQod>......... of IICClioa 6048. (3) Alae olIgibJo poI'ICIIII !bit wiIbbl. ..u~,...... period of limo prior lD ,dbop'--.;, tbero will be naDabIo ..........olbIo ...pa_ . hnoia....1IIClOIiII& !be crItaia doIc:dbed fa IocIlOD 6OOlJ(c). ..~_ iD IIIIIIIbo< aad Ii:Ind ....1IId naiIabIo lD'lUCII oIiFbIo poraDIIL '. (4) PnMdO _ and a:on~ d4i........... em tbe .vaiIabiJit;y, pricoo, aadimtala ofeoinparabl. "'aadaaal ~ IIIIl of compa". . nbIe ~.Jai propa1loa 1IIIl-....... aad _ lOaoaui1y dopoaiu. cloalnt ClIIIlI, lJpic:aI doWa paJ-. inIa'OIt ~ aDdlomll for Jai. doadaI JII'OJIIlrI:Y III Ibe area.. . (5) AaIIt oacb oIl&ibIe JIllIIll81D 00IlIplel0 .wliallaaa fOr Jl8)'IIIOIIlI . IIIIlbalofilL " , . . . (6) Aalatoach oUaibIe. <H~-ed"-lDobUInlllll!llOYelD.1:OIII-' parIbIc r?- - ~.I clweIJiD&. . 0DI;y adeq....... m.p....;lllI wi111a1111o 1hIt . pmticaIar uaIt __ tbiI IIandanI. If. <Hap'''''''' plbOII oa:apioa. uaIt lO ~ be II ad'cmld by thepobllcOllilt;yandlbeualldooalllllllllaf;ylbe~.obIorerl~. dwoIIlDa IlandanI, die pubIlc IIIIity balllll fiIIIiUod iIa ohllptlftn lD .... aiat!be <HopI-d plbOIIlD obtala IUCb JtdWollia&- Wbeaew:rtbla....... the ptibJlcealllJaba1I oIrorlDloca1olllCll'dwd1Incfoi1bediaplaoodpor~. "- 16042 BARCIAYS CAi.JFoRNIA CODEOFREGULAl1ONS . 'I1IIe 2S .... IIIId 10 JlI7 ..... aD IIIDYiD& ..drelllOd .'1 -. If tbC ~ p:rMD c:hoc.-lIlIl lO _ fmai die mdttbat be, plt.d fuIIowIaaze,. ftmII, rhepublicll!llity IballDOt__beiawli&lhL'lD~1IlIo- .CIIIiarD ...oI-lIldbaldillcmdle ~oftbat lIIIlt'a failure lD..ufy the In',. ",-...,.~ .' d'toeIIIa8 ~ (7) AIIial cadi eIIJIbIe p:rMD dl""l~ flomllia bl1IiIeD ...liamop- enmOll in ~N" ancI b-.v.u.du.& ........u.t-t in alllit8b1e pop1-' 1. nf 10Cllliaa. (8) I'J1Iride lIlY Ienica reqiIinld lO iIIIare tbat !be ,..Joc.doa procell cIoea ncitraal1lnllllf.....1 or ....-.... _ cmlCCDUlll of_color. rdipm, IIIIlonaI ariJIn; -. mariIa1-. flmllial-. "'IIIY baIa protecled by _... fedaaI' ...Ii-di.or ,...1................ or lIlY otbet 1Iti- .,. ..h.......I_.~a ..' . . (9) Supply lOlUcb diJii;le peIIlIIIIlnflllmalianco.-uiua IedenI aDd aIaIe boaaIua Il'__ diaulerl'*1l111llllber Il'......... admIDillCRd b)' the Small BuaiDeu AdDunisIndOll, IIld otber fedenl orllalC pro- pIIIIII, l!lbiaa ..............10 dlIp\Il:ed penoaa. . (10) ProvIde otbet Ildvlamy Ualll""'" lO cJiaIbIe pezaona in order 10 minimize 1heir banlsbipL II ia ,...0.........._ tbII, U .-led, IUCb uaiI- tani:e indude C8IIIIIeliDl and n:femIJ with repnI.1O ~ finaac:iD&, employlllOlll, 1JIinia&, health and welflJe, U well u other aail!llDCe. (11) IDfmm all perscina who m expected 10 be diJploocd about lbe eviction poIiciea lO be punued in canyina OUI the pmjOCl, wbich poIicl.. IIhaIl be in -Ja,uce with lbe proriUIlIII of IeCIion SOS8. . (b) RoIoc:aIicm 0fIice. '. . . When .'II'Mhmtla1I111111berofpenOn. will bed;'I".-' aDd !beieloca- lion otBir. ofIice i. DD1eullJ a..,euible lO tboeCpeIIllIII,. diapIaciDg enJity ia eDClIlII'Ipd lO establi.h al_t lIDe appropriaIeIy eIJDiJJI>ed IiIe omc:e wblch ia acI:CU1"b1e 10 all !be meallllidoml who may bediaplaccd IIIId Is alalfed wiIh 1Jained' or experleDced reIoCaIicin penmmeL Office IIlIIn .houId be ...bedoIecf lO aa:oIIIIIIlIlIa pezaona 1IIlllbIe 10 visit lbe office diniD& JIOJDIII1lqjneaa boDrL . . (c) Each diJplaciDa eDlilJ shall eIIabllM aDd nuri........ fonnal Briev. amce pro.::edl..g for .lIe by d1ap1aced pezaona aeeIdu& admIliia1nuive Ie-' view oftbo ealil)". deIcinninaIioDL TheJllllC'lll= shall be in IICClII'dance willi !be 1.....n....,.4I of AJiicle S. . Nom: Aalbadt7 clIod:Secliaol S04SI, HeoIIh IIld Sd:tJ Code. Rd'....,.:See- Iioaa '12al.S1Ild 7261.Go_........Code. .' . . .' . HlSToIlY . . I. A-I 'oc..b..A:ti.- (I)(t)1Ild (1)(8) IIld DCW NOII!_ S-I~:op- en!he',.,II0.97.(Itqlator on. No. 33). t 6042. . Repleo;ement Housing Prior to D1aplac.m.nt: NotIcn to Dleplllced PenIon8; . (a) No eligI'bIe PenOn Iha1J be ~ lO move fiom Ilia dweIIiDg UJl- leu within. _......h~ period of time prior lO dilplacemeot compantile n:r1-dwelllDp (u ddiJied III lUbaocdon 6008(c)) ot,ln tbo cue. of a ,",-",,"Z IIIIIYe (u defined In IeClioiD 6044), adequaIc mpIac nu . dweIliDp (u deIined in mbaecdoD (b) bi=Iow) an: available lO IUCIt per- ..... . (b) The critedil for *'r'''~ iT-......i dweIIIDp an: in aD Rapecla IdendcalIO Ihoae for""";""abJe "'1"- dwelllDp, except tbat 11II adequate 'P:p1'""-- dweIIiDg,' willi Jeipect lO tbo JIIIIIIber of-. bab1ubIe livilia .ce IIIIl \)'lie of CllIIIlrIIClioD need be lI1lly adequate DOt cOali-llIIe.. . . (e) D.._ J ]; OOerofPT-' HoaIiJI&. 'IbeRq\d>......... oflllia IICIiaDIbaIJ bedeeaied lO bale bee!lutlll'led if a pencm Is offa1:d IIDdn::l\uel wilboat~OD ..........hIc- dIlIica of apeclficaDJ ;""""fi."s..........MIIe rep1~ dwelllDp whlcb fuIlJ 1IIIIiafy!be Criteria let fqrib In !be ~"""""f Theo1fen shall be III writ- ing. iD.1an&u&ie lIIIdoIitoocI by.lbt~.......... penoo. TheJllllllberof of., fen """'.4l..d to be JeaIOJ"'h~ ~ be DOt leu 1ban Ilne. (d) NOlice. , ..' . No eJialbIe perIOD oc:c:upJing JIIllI*lY Ibal1 bereqniml lO mo.e.flom. .. dweIIiDa or 10 move . busiDou ... faJm oporaII9J\. wilboat alleut 90 ..t.Y.&...dttm nmice_tmm.tbe. iJJlhIlt'! I'!I'Idtv t'IIIlnIftftnO'. t'hP. Mblt~. PDbIic eIIIlIIea IbaIJ DIIIifJ each iDdi .~ _ io be dilopl-' u well "acb~~.-l~'" .('J1If:Ie~~_.iD JrIIlLlloolOtboIe .... I -111I aectiona fi040 IIDd fi046.) . (0) Waner. . TheI.q.4--iD~-"""(a)above_beWliWldaalywhealm- mediIIe y- t.. of real JIftIpetty ia of cruclal Jmp.._1IIIl by ODe oflbefollOwlDa~' . (I) Whm diIp1"';"""; iI--.,........ by.. m-.u deIined in Soction 102(2) of !be H-.! Mllipllai 1Ild~~loeIolIcm A.....~ Act of 1993 (oU U.S.t:. SI21)mdU!be CallfcnlaN-.aJ DIaMer As- . __ACt. (2) DurIDg perioda of dDclaJed D8lIoi1aI iII'_ --.....i. Nom: AIIIbodIJ ciJeiI: Sodiao S04al,~. lIdIlJ Code. Jbdi cO, See- JiooI'l2IO.5. 'l261. 7264.5, 0............ Code. . ]f1mIRy I. A-..d_..r-~(a)IDlI(e}(l)IIld___l-l~;_ 1iw,.,11,.!l'1(1tqlatorll7.No.33j. .. . 18044. Tamponlry 11_. (1Ii)0eaenI. .' . . . (I) A public eDlily shall be JOqUinld io rn/m,m..; lO \be..... ex1enI leuible!be uIe of ~uz JeIoc:aIiOll n:ao..._ (u defiDed in lOCIion 6(42) but, wbeD a project plan lllllicipalel iuoveo' bidt iDIO comp\eled pmject...........udaIiIllll, .........-z ............. __ may be uaed, at the ill.......... peraOtl'. e1cedoa for.1imI1ed period of dme. (2) T........._z moealion doea DOt MmInloh lbe ...,......n.I1I\)' of 1he pubic eatII)' lO pOvide ,.,)""';011 ...-. ..- and beDoIlu do- lipoid 10 IchieYe ....._JeIoca/ion of ~'P'-" peIIIOIia IDtocompa. rable ,.,..~ . ... dWeIIIDp.. .' ," . . . (b)Req.dJ...- '. '. . (I) T.........uz rcpI.........., houaiJIamay DIlt be;.u...1........lf1XllDpa- rable,.,.l~ houaiD& wm DOt be available 10 !be diSpJaCed perIOD witbiD 121110111b1 of1be dale or !be 1eIIIpQIIIy move. .. (2) PriorlO!be move.lbe public "!l\iIY abaII ha~f I ...b4and have . provided wrilleD --.10 each diapIaced pa-. \bat:. .' (A) Co~ Jel'1--" hcioabia wm belJllldc aYIIiIabIe al1be . earlielt pQI.1bIe lime but in iD)' eveat 110 Ia1ertban 12 DIIIIIIba flom 1be daleoflbemove lO~Ul houIiDa- T"""""..uy boaaed pezaona may qnlelOexlelld Ole. 12111DD1h limIlII1ion bat; lftbeJ dollOt, 1bepublicenli' ty shall ""m that -..-abIe "'1"........... d..eum. an: available witbiDtbeI2~JI"ri\ld." .' . (B) Comparable repl~ housiD& wm' ~ macIe .vaIIabIe, 011 . prioriI)' buiI, lO lhe iocliviclual or familJ who baa been ...,;,......113< Ie- houaed. . . . . .', (C) The move lD tcDIporaJy housin& will DIlt~. <-Ja/......... dig;. bilil)' for. "",'.0.-. booIiD& ~ _ depdve 11Im oflbe IIlI1IIe choice of ""'............ housin& IIIIila Ibat wuWd hllive bee made avail. . able bad die IaDporarymove DOtb=J madelllll !becOau of. t..u,n..oQ move will DOt be COIIIidaaIu aD .... . part of die 'JeIocatIoIl JlIJ1IIl'III& lOwbIch.di....-wpa-.lulltlded.. .,... '''. '. (D) If.)irojcict p1an~ m6va t.ctinla,."J po. .,~." bbaaina' PO' .... ~oticaIlII tbo JII'lI.fect ...proJnIII....!be ~ wbohaa b=J' . ...........Dy M....oocd will be Jivea'priodI)' _J>udty lD obIaia IIICb . bouoin& ... 'or'''' ~1Iiotn. .'. ". (B) The pu~c eadty wmpay aD COllI 11I''''''''-;011 'WIlh die move lO , "-t-..j boaIiD&. ;-JnoIb,amo. . n'~ boaaiJJ& COllI. 1104&. Iljf<<\,1dci.w Prog'-; . (a) Buic R...,d,-. The dIspI...... ~ abaJJ eIlabIIab aDd mabain 11II iDfoImaIi... pro- . . ...... tbIl pn1YilIes for !be I'oIIowb1I: . . (I) F._oIIicu aDd dlIlrihotioa ofillfnnMtl-l..-oorl.J. early'" .JIP'"""-"'-, lOcadI......'P""Iof!beJllOPllll)'. 'JbiI--.I'1baD bedlJ,- .. 1rIbatJld wiIhia 60 daJafolloWinc ibe lnltl...... of......-- (ieepara., ... 6040(a)(I)) a!Id aatleu \baa ~..III adYa1a:c Of cIiIp1__ e:ioept fOl'tboIe olh......... ........."beci III ~'-:"- 6042(e). Wbere ap-' : propriaIe,aeporateiaformatioaol " -"abaJJbe..._lldf..._~~;z.,. d.oontf.t......fiw- --.1.1.--.a.!.t.. 'I1tIe zs Departmeat lIlBaaaIac ud O.........dl~ Iku~ rn.s.- 1611S2 (2) C............. permaaI WI>. .....alllllllllimobliaap:naaal_ wIIb _~ of !be ..........v lO1be ,,_. _ JlP""-h1- . ... . (3) UtlIizID&...-l"ll' ' ........1IIIl atber DIllCIIaaI_lDcJadiDa IocII malianailablelOaD pcnIIIIi, farbepiDa.- - . l~'" aflbeJllllllSl1 hd'o.....401l11.......n.nl''l ~Tbec:rltcriaa farro' U'.DlDlllYariouI '. allCIIIIIi1eIlbaD 1;lc Ibe Iob'."""cI of acsuaII)' ..- -.... ..01.., Wilo_ - lO Iacb poi-.. LepI....h.........lepl... iD.IocII............. or p:aenI c:iIaUIIaD mllaimi1w _ wIIic:b IIIIJ 1IO lIIIIIIIIiced _ deemed lD be "'"""'r- . . (b) LInJuaac. bd'.........~1 maIeriaIlbauId be .........4 III !be Jau. JlUIIC{a) - caiIJ UIIIIen&ood by !be IIlCipicma.lD dUopI- _ . wbere tbere lie aipificaDt ~oIIl_ ofpcllllllll who d!l Dot RlIII; 'Wfiie, Or UDdenlaad BDaJiab fIueatJy.'!be 1IIIive....... of !be people abouId be... IIIIl all wr... ...Ioaa\ IIIaIeriaI abouId be JlIVYided in !be DlIIlft '-.. J. (J) IIIIl JlucIIaI1. .' (c) Motbod ofDellvay; To _l1lCI:iptof!be iDfonnalloaa1 materi- aI.!be IocIIIp;IICJ abouId lII'fIIlIe 10 haft Ibe IIWCriaI eilber honoU.o.. Iivaed 10 each _..- of lhe JlI1lIlCI1l' with a JeqUeIt for a wriDell re- ceipl, or _ by cenIfied IIIIiI, tIlIIInI. ra:eipl recr....."lI . (d) 0enenI IIIId SpecIfie JDflll'lllllion. J. ~lion. 10 dille1llinalin& senora! iafCll1Ulion of!be tyPe.doacn'bod i.1his lICClion, tbo dilJlllICiD& eDli1)' aball allO provide each penon with illllMduaI, wrillcnlllllificalion aslOOD u hi. d!JiblIl1)''''''' ~ """" _h1'""-! (e) ConIeat of IaformaliCIIIIIllr.,- AIIIIchmcat A idca1Ifico Ibe kinds ofiaformalicm required 10 beiDcludod in ....~ diIlribuIcd 10 .....op;..... of !be ..........1)'. 'Ibc fiprc IitIo minimum rcqUiJcmcata. 'Ibc displliciDa cad1)' abouId include lIII)' addilicmaJ. iaforma1ion Iholltbe- lie_ WuuJd be beJpfUL (See .An............ A) . Nom A1IIbarity clIod: _ 50460,__ Sd:ly Codc.Ilcfc:ro:ace: See- li_72al, 72liO..5....726I.00.__Code. '. . . . lfIITorty I. _.........ofIllboocliClll(.xnliled 11-S-76.......;........,;dolII~of_ . _...II-47-'76(RIIIM<<76,No.44). '. '. 2.c,:nu;-of.............._2-16-17~'n.No.8). - :. 3. ......:......... of...... (1)(1) .... _ NoTE li1ed8-12-!J7; opindwo ll-:1I-!J7 ~97. No. 33). (e) A pIbJic 0IIIily1ball ~lO""1bet'ollowiaa.. ~~~ lacmiIe; wbeIbor a _ it eJdody......; - ... .....J"._1Il fMIIITo IF of dlIIdl....llXIltioDlIljob IIIdfilllil!nlimlliDaar -~ _of~ faJed~1ntooolnq; lJpe 1Il1lllitjio.....d; _llIIiplll'..........-..., IIIlClI far IOdaIIIIIl pabIic ~ .,..aI'" 1lId.... ac:niCa; cIiPbIUtJ farplbllc:Jy IIIiIIlld IIoaIiD&: IIIIl Wtii.......-lDlbep..- dwoIlia& Ibe ..,Ibe lJpe IIIId quaIilJ Df _...a- tbo i1umbor III 1DCIIIII1IId boA_ !be__of1.o11~ - HYiD&~IIIdJacllloD- aI fIClIIII hU......IIIllIII&.Olben pobIic aiIIi1ie., p1b1ic and':"';""".::ia\ faciIldca r1llC1adiaa h1Iparta1iaa aad 1l'haoII)1lJ1d ~ ..... . diliOlla C............. 1llllDiciJ* 1eIVicea). Odia' __ IIIIl caacem a bouacboId u ill 1IIl:IIIbei. ...." IaIe ~'IIII lbaWdaJao be ill- dudlld. ....... . (d) A.wriDca ~ Ofrd.....;..,IIoaiiaa.-lil abaIJbe .....-..d. . It abaI1 be prepared in IldIicical dolaiIlO IlIIIbk 4.lo- 1 ........ 01 tbo avoiIabiH1y f... all paICIIIlaI""'r' . afbcluaiDB wbicb _1bc.... danIa let fClIIb III !bedcllDi1iill1 of CU1IIpIIlIbIe .gl;'~ i;w bauIlJJc. The inflll1llllioD -uh.a bamc ooo_oObi" IIId IIlIIIaI uaiIa IbaIJ be ~ . vidcd oepandeIJ. 'Ibc 1IIIIIIbcroflllllulllidcd IbaII beld...iI~ by COIl foreach -....,.TheDcccla ofcldaiymr....~.t ,.,.ed hno_....... oha1I be Ihown ICpllI'IIIcIJ IIId ahaIl iDcIudc iDf......... 011 the 1IIIIDba' of auch boo.eho)dllcquirlJlg opcda1 faciIi1lcIlIJIl !be1lalun:of auch facI- H1ica. . .' .' . 'Ibc. .............. or odocoiioo hooilins iIeedo Iball inciudc a dcocriplIon or !be loc:aIiona1 cbaracIaUlica of !be "'op!.. ... _~. 1 ...Ja, ....-.-.-.dhc 10 the I~.ah~~ orc:uaq:linbJe ~aol ,/J d ~ lDfonoaliw IbaIJ be povidcd -.d1o. Jlou.dWll1 lO ~ ciupJo,._ meat -. medicallIIId IcaaIillaaI faciIi1lcI.'padca, ..-.onIty...... ttn, Ihcippina, IIIIDIporIIIIia IIIIl achooIo. Jnf~...oIIluu"-'-.q pmx_ inlity I!> ocber'RlIeYint need. IIIId '!"lftJillea II = r . ..Il.I lO IlIIIIIIiD& ibat 110 ~-lD...!-illdod by!beMiocadon aDd IlICb informalicm aIIo . .1boa1d be pnlvided.' . f 6050. Failure to.eoilCluc:t Tlmely.nd Err....dve SuIWY. Whoa IIlInC)' it 1lOl.......m"'led in a rimeIy aad cIfeclift 1IIlIIIIIer.lhe . publlccmi1)' oha1I be ob\ipIed lO maIle eYaJ'~ lO Jocarcall cJisIbIc pcnODI who balcJDOYCdootbitt 1beiraeedai:aD be intIudlodllltboauncy IIIId die inIpact IlilIbe bouainal1ockin lIIe,.;",,;;.ml'1_beJlllll'e accu- .' . raldy .u..ud1..d; 'Ibc public cadl)i IIiin oII'er IlUCbpcraoria all tcIoca,- liOJi ...;..~ IIIIlbenellta forWblcb tbeJ othcrwiaclpllllifyaad,1II addi- 1icm, IhaII .compclllllc'lIIch pOrions i'Il\'aIJ 00IlI ~....., by the eDlity'. 00_ 10 prOvide 1imc1JlIlllice IIId olT'cn IIlIClocalioa auiI- _ lIIId 1lcnefiIs. . . f 6048. SlIMlY and AMlplli of Relocmlon NeedL (e) (1) RcquiJCIDIlIJL 1..............-IJ fo1lowia& the inltiilill1l of acp; aIionointcrVicw all c1iJl'blc pcIIOIII, buaincu COIICCOlI, iDcJudiac IIOJlo profit CI'pI1iza1ill1ll, IIIId farm iJpcra1ill1ll 10 obtain loformation upon wblcb 10 plan for bouaiD& aad tlIber accoaoonodalion.. II wcII u c:ounaeI- ing _ .~..~ needs.. . (2) CoonlIaa1ion with 0th0I'. AgcDci... 0th0I' .......... IIIIJ a100 be. coaductIa& lIIrVCJiin!be1lCll BlIbe WllClime. ComdinaliOll wiJJbe ace- f 6052. . .SuIWY ailCl ~ of AwllUle RtIIoc1d1on coUry to avoid duplica1ioa and lD ClIIIIR that DCCCIIIIr)'IDfOlDllllioa it 'Reeouroeli. . . . availmle at Ibe IIpJII'Oprialc 1imc.SUrvcy.utiIizcd 10 pthcrdalaf...1OCiaI (a) (I) To caabJc a pobIIcClllilJ-"oaabI)'lDdercmiine Ihol tborcqui- . ac:rvicc rcI'ciIaIs IhoaId be Jllaau>d III _I""odloa with oociaIaerYice aiIeCClll1JlllllblelP.pl_cIwdlIDpwlDbe~!bepubllcCllli. ........- IIIId .arefa1allJllaD IhDa1d be.".tohli._ 1)'. within 60 daJll'oIIowIaa !be inidaricmlll- =:.: .~.. abaIl inlIla1c . (3) IDforma1iCIII lD PtnoaIlD llc DlIJIIa=I. 'Ibc 10caI JIICIICl' abaIJ .a auncy IIId anaIyaia of avallablc c:amparaIiIc ,...,~ ,.;.......... carcfuDJexpIain IIIIl dbcuu fuIIJ with each......... ~ the por-. . If a ftiocut auncy Ihol jIIO\'Ideo!be iDfo.u..1ioai !<I-tI..... in thia..... . poIC oflbe aunc)':aad!be I1IIUrC IIIId - oflCloca1ion ~ and tiCllli"'J!availablc, 1hc'pabllcalllti<IhaII.........- ulIrYCJaadaaalJaia . "";"-Ihol will be made aYlilllblc. AD pOnoua abaIJ be adYIIed IIIIl of !be bouaiaa 11181bL.1f anQllt IlImJ ia iYaDabIc, bin It doa DOt re- cuc:ouraPd lO viall !be rdOClllioa ollicc far iDf........diuu 1IIIl...._ fIcc:t 1IIIri recem. -r- dIaap III IIoiIaiaa IIIaIbt ~, tbo (4)RclocI1ioIlRcconlLs-Icmlilfonno.loa """.I.--Stladua!be,u- lIIrVeJabaIJ be apda1ed ar it iIIaII DOt liel1llled UJIIlII. '. . vcy mil a1ber IOlII'CCI U oppH.w.Jco> lbe local apDC)' abaIl JII'IIIi\Ie 1IIIl(2).Whoa _ thao IS .....ooIu.\do will be '"....!l"""l. '..rvcy rcauI1a m.......... III accmaIC IC~ 1'COlIId f1Ir each ......... lO be tII....-ecI abaIl be IlIIlra1Ued f1IrlCView~kicaibouliili.'--~ IIIIl pi......... . 'Ibc I1lClIIII abaIJ ClIIIIIIiD. deIaipdca oflhc pe.lh-4.:h.. - JoIIrt of. PI'"""'-1IIIl abaIJ be CiOIIIpImd 1l!"aiIlIDc .i14I.....adIII...boaaIsI& tbo pcnlIIlI lO be dil!ll-llllllllle............. cIeemlld lO be -r. awIIability.. . . . (b) 1bc IIIIlvcy IbaII be b)'diicct, p:naaaIiDlenlew. C':lU:ept wbere I&- (3) Tbe IlIIvcy abaIJ be updIIed . ~ lIIIIIII811y. . .' pealcdcff<inoiDdicalcibatloilotpoailbJe. Whoaa........._bcima-- (b) Tbe Ilirvcy .. abaIJ be ~y 1CIaIioldlO:tbe """'_ . vicw!:d arthehAe...... d0e01lOl pI1Idacc !bewr........aioa lO be. .' ""'.1......, _lIIIllD lhO: Dccdo IIIIl "'.4_ af!bel*_ lObe ~'u ,-........... elfona abaIJ be made lO oblaiD the infu.....dorJby lICbcr Indicallld in Ibe Wriuco aaaIJaia prcpaied punlIIIIIl lO ICed"", ti04lI. The . -.. BIigibIc per.-Ihoidd be -...,.Ii lO briu& 1IIY.cbaa8c in 1IIrVeJ-1haII. ha\oc RlIeYint~...... (_ ..dl ~ [11oo 6008(e)). tbeir..-dIlD!be on-'nn ofrclocalilll oIIicIala. 1bc auncy'lbaII be* which cqaallI' CICeCd ihoocof!beDOla\ibodlood iiam wbicb pciwoaa arc dIIIod.laailll1lllaDy, :3 _~ ~ lObediopl""e(J' . . _20' I fi8S4 BARCLAYS CALJIl'ORNIA CODE'OFItEGULA110NS DIe 2S (e) Ii. wrilIerI ~ r1f ""'........... bDaoma .__ abaU be _ puallD _.M ..... c1cad11D -* ........1...... r1f!be mdIaIIiIII:J fw all ~1111. of"'" wbich 1IIIllU!be IIIIIIIlanIa let faIIh ID !be ,"'-fi.dILiB rI "'-I-~np1-11au1iq.. Tbe iDformIIiaalDl- cor:uiD& ..........wllellbip 811II.-1 lIIIiIa IbaII be JIIO'idod _~. The Il1IIIIlJl:r or lIIIiIa awiJable abII1 be 1"_.iiR..l by caat fw eacb Iize . CIl.Ilp)'. R-=a mdlIIbIe lO _ !be .-- r1f'c1derIJ and bmli. c::apI*\ ho!>aeboIda IbaII be abDwD aepmatelJ IIIIlIbaIIIDclade iafarma.. lion on !be IIIIIIIber or lIIIi10 With apec:ial f8cIHtica 1IIIl!be __ r1f ouch f-MHtl,. . "Jbe -JIb or ._~ abaIl include . deacriplioa of !be 10 ......1 c:taamcaaiItica oldie IUI'Vey area ~W o\)il~ "-1~~._li'1tllO lbere- ~ of lXlII1JlllI8bIe ,..ip1--1 houIiD&- h4............ IbaII be providl!d "';""ub.aproximllJ lOpreIllIIl ompIOJIIIOIIlIClUlall (wilb!be alI1ICIIl of!be "'''''-paaon.poIaIIiaI 0IIIJlkiJer1llll)' be IlIbIlitaIed). mcdicIII and n=ali1lllll1 facllillea, pab, ...........mty CCIIIOI1, IboppiD&. 1IaI1IpoI1aIicm imd achooIs. htfotmlli.OII CCIIiceram& p.o,.imilJ to otber rdevant.-- andameaitlea iseuemlal lOCIIII11iDaIh.Uaidoma R DOt illC8p8Cilaled 11)' Ibc raloca1i.,.; and ouch loformatioo abauId also be 1"0" ~. .' (d) (I) Unill wbidl do _llIliJfytbe _ of compatablc repIacc-. meIIIl!ouain& incIudin& !be Joc:aIioDaI ailCria, sbaIi DOl be c:oumod u. rdOClllioll resoun:e. . (2) U"'. ....I.lllld DeW CODSlJUl:liOll ... IebabIII.-.ion aba11 DOl be in- cluded in lbO poll fi&are UDIca tbere is a IubotandaJ Iikcb'bood Ihat.!be. unill will be.wDmIe wbeu aeedod.and BlboualDa """",tal c:aolI '!iIbin !be linDaiaJ _ of!be JlI-l""'IIve ..A",",,". . (3) lDaddltioIIlO lbeotberrequiremOala of tis aeclioil, Ibe poaafi&are . ...........4, Ibc IIUIIIber or UDiIl .vaillble abaU be dilClllllllCd lO IllfICCl both COIICUIJeIIl diapl...........1IIIl1be exteut ~._ia'fllllle- aenled. CoaClll'lelll e1i.pI............ by Ibc federal pm:mmentlllll ib...... clea,l...b"'"'a fedcran)'-"m.."" pmjecla, u weIl u di'Pl_ by 0Ihcr public ~ abaIJ be takm.iDID II:COUIII. TuIlIo....II!be dJlWDic opcndOll bY wbic:h ~.--z~ occurwltbin .IWIlIIDaIllYClJlO. . fJ oy<< a period oflimc and tbeoIclicaIIJ c;ou\cI occ:ur in 1be(>6..lt'IOle II>- - r1f VIIClIIlCica IlII . penon to penon baiL '!'be _of IIII1iD1a' f... rdOClllioll i.DOl permiaIbIc. Tbc diIpIac:ipa emiJy abaIJ ummelhat.four pcrceal of!be I'lOIIaIIIIIl """ pen:cal af!be ~p IIIIib wbich_ lbe lIaDdInlsaf .........obJc"1".......- dwdliDp(aoeocciloD6OO8(e)) I'OpICICIIb 1IImOVeI'. Tbc d1ap1adna eDIIty abaJJ use . blp pcn::omagc ligure If ouch fisurc is 1IIllIC IICCUI'8Ill. '!'be dispIacina cnlilJ IIlll)' _ a lower IiJlllC if it es1ab1laliea lhaLlbe 10wcf ligurc is . more _ ... lUlDJllloa; . .' (4) PllbliclJ lIoba1di-..cl holiaina, iDcJudinapubJlchouaiJia.aba11_ be counted . . IOIOUn:C IIIIICaa It ICIIIOIIIIbly am be ...""'i...... lhaI: (A) Tbc IIIIib will be awDmle wbeoi DCCIded; (B) TIle &6.~....-tld bOd)' prDYidiDg tbo aubiidJ baa 1IIIllIe,In writ. ing, .1eUOIiIIbJJ bindina cammI_ of aui_; aod (C).TIle DDlII bne beeDinapecled aod dotenniDed lO be deceaI,'aafe IIDd aanIIarJ IIIIl tbo income c:eI1IDP,lCIIt ....... and IIFICIIric:tioaa, If any;bave beeD CllIIIIdeaed. . ." . (D) '!'be iluJnbiiofUDiIl nailablein!be CDIIIIIlimity~. tbelllllll- bel' ofhor.......da ID DOed of die UDiIl. This ~'_y be waMd by the ~hu..4iflbepubllcealilJ_ _hl;abll1.Uucb \IIIlta wDJ.be repIacodby IaatJaillt bauIiD& wItbin two yan. To -Hob tbat Jut_ aonllcJuaiDa wDI bedewlopodallllplircd tbo)lllbliceDllty_...... COI1IIOl witb petIIIiuIve zapiDa, pcIIIiIInaay p\aDI aod COIIdi1ioaaI com- Dtiimelita tor IDbaIdJ and.m........ II' !be equivalall. Tbe pub1ic eatIty alao IIIIIIl icIeIdy ~.' . (e)U""<>"'Pleted DIOW C:iIaIImclIoD or. rebabiIItaIioa wbleb II aubal- e1ized 11)' publlcftmda abaIl Dot be ~a .re1ocIdouraoun:e \IIIIeU . !be 1IIIiII .... being ..holcti.w lO pnMde 1d!JC8licm JCIliun:ea. Nom: ~_. ;::J c:I1od: SeCtiaa' ~ IfoaJth ODd SafctrCodo.Icfeacace: See- tlaao 'I2Sl.S 7261, Oo.~ Code. . . . \iJmJRy I."'~-of...a_ :1....(~I)!"'~a)(2!l~~!'!~."'!(~)~. .1110&4. '-- II880rt Hou.~.. (I) NodiglbJe periao IbaIl bel"'l.da.d lD _fnmldl dwelIiDc be- _ of !be KlilID of. pabIic eatIty I1II1eu __.-IlIo. ,.- lIoaaiD& II miIIbIe liD 11Im. , . (b) If cm ~ __ ofilllllnCJ aod IIIIaIJIiI afrd4l ,odOll...aod_ IDIIIla a JllbIic em:ity CIIDt 1.A . - tbIl--.-.bJe ....,r-.-ftt bouaiD& will be avaIIIbIe..1CQIIind, !be JIlIbIic eatIty may_ proceocI with lIlY P- of. prqject ...olberacdmy wbicb.wDJ JaJltID diIpI...... ment aDIeu il )IIOVIdea ouch ~ (See AnIde 4.) '(e) Iflbc IIClioD af.publli:eDlltybaa.-Jllld...isaaulllDalDdia)Uoe. mentmlll...__.....J"'f'- .........iI.8Y8DlIbIe..1Iliedcd, 1be public eatilJabaIJ _ ill I\mda, orftmdalallbarized foitheprqject1Dpn>- WIt IIICb houIfn& (_ AnicIe 4), or ahaIJ ....... or IUapcDd funber implemcinwioa oftbo pojoct IICtivIty III ............. wilb!be provisiona oh.ctiOll60IB. . . . (d) T ....".,.-z rdoaIIioIl"""'-lIlll)' be rdied upon III !be Inlerim ooIJ if Ibe provlaioaa of IllCtion 6004 ....1IItisIied. 16056. TermillBtlon of Relocatlon AaI__ A public entity's rd.-lol) obIiPdoni ceueUDder thef6110wing cir. cumataacer. (.) A ciiaplacod penon _10 ..C6....-.ob1e 1'1"- .n., dwclJlnS and receive. all ..isWlCeIllll p8Ymeala lO wbleb be il eD1It1ed. (b) The d1ap1acod]icnon IIIOVca lO ...hot~ """.....1'eIIuea rea. IIOIIIb\e .offen of IIddiIiIlllll1 .....now in movIaa lO a doceat, safe and. aanitaty rep)1CIlIIIIlIIt dwcllina and rocei_ all JllI)- 10 wbicb be i. .enIitIecI. . - . (e) AD ICUOIIIIb\e dJaru 10 trace. penon bave faiJed. To _ that 1be IIClioD of. public entIlJ doea IIOtrecluce tbo baoaiD8ll1J1111J incriticaJ CIIlqories or l.....aw.. -nnsna:eafaJ effona lO trace . panicuJar e1i.- p111Cild penon abaIJ notleuen !be obIipIilllllO provide Iaat re.o.t boua- Iq. (See AnicJe 4.) . (d)1be1Juaineu CODCeIIl... farm operaticm baa rcceiWdall......oncc aod)lllJllli:nu lO wbicb il ia ...titled and baa beeD "~J reIocIIIed ... baa c:cued operatIom. . . (e) A penon diap1aced from h1adwc1lin& bua-. or fll1llrcfuaea rea- aonabJe 0Iren' or uai-. JllIYIIIllIIII.1IIIl ..........4b1e IIlp\accmcDt houaiJJa. . Il105lI.: Evlc:tIon. (I) EvicIioo is peimiIII'b1i: ooIJ u a Jut rcaort.lt III... W8J affecb!he . disibi1ilJ af evicIecI cIlsplaced peIIOIIl forrdocatian pIJIIIllII1L Reloca. ticm recmda IIIIi;Il be d~-"" lD n:fJect 1be apidfic m,r.-..- sllll'Cll1lldina !be eviction. . '. (b) Evictioil aba11 be uncIertUm ooIJ fwooe orlilcJre ot!befO\\ow!ns 1CUoni: (I) Fai1urelOpay rent, except in thwe _ wbem !be faiJmc 10 pay is due lO Ibe Jaa'ii failnrelfll keep1bC)IIllIIIiIa In InoWtohLo c:oociition, II !bereaU1t ofb..-.-....telIIIiatoty acIioD oria the naultaf diac:onli. 11WIIi0ll II' ."_.IIw.u~ af aoniceL . (2) I\.r..._ of a ~...... i1IepI act III !be lIIIiL (3) MateriaJ ~ of !be IClIbI\ .~ aod' fII1l11C lO coma breac1\ wItbin 30 da7a oi IIlllIc:e. (4)M..f... -"'.. of.md........1IIIl fallnrelO...wiIbIn.-"1e lime fciIIowiaa 1IllIice. . (S) RcfnaaI lO aCcept-_ of ....-h1r 1I\IIIIberaf''' oftcplace- meat dweI\iDaL . . (6) '!be eYiclloa is JCqIIbd by Stale or I\lCalIaw 1IIIlI_ be pIC- vemed by ICUOIIabJe cIfoaII 011 !be part.of!be public CIIIity., . ., .. 16010. .' Evaluation of Relocatlon. (a) A public eatilJ is eDIllllIfaFCIlD evaIuaIe ill re1ocat1oa 10.....;"'" "1"'Iina. \be quality ..-I~.. . of.anicea JIo6. .1dt4......o. dIapia- . cee lIIltIafaCIioD, 1Odete.wb..1be llIIeqDaeyofP'........ pI""';.. and lO -r.a.. wbCtberlllYperIou have beeD deDiCd!be fDIl beaofilIlIIIllCl'- . vica lD wbicb tbeJ... eDIItJed. TbeevaJuatioD Ibaakl be llued upaa 10 :> f.!t IIIItIIIlII or CllDtIDuaJ inIpecIioa of 6Jca aod I'ClCllIda, cue iult. new" and c;;J ~ . . 'l1tJe 25 ~.... b-.d ciB...._ ()o...........1t) Ik.~ -..\ I'JOp_ I 6OlIO locat:iaIlDdM";".~.wilh1ocldiD.Ividua1a(W'....._.; ...... Ill.~ . ~~CIIt__ A wrilIra~ oboaIdbeprepmdllat , (b) 'Ibe fiIelIlIIIl reconII of ~ pellClllllIId pruperlJ lIWIIaI , ' abciuId be aeIecIaI. JlIDdom. 'Ibe!meW oboaId iDcIudo lIlY _ tbIl _ldMtlfi"'byprmoua IDIIIIiIoriiJ& U1"'IubilosClmcliw: IClioa IIIIl obiJuId_lbepablicOllllitJ'.prosreuinIllltlDaCllmlCliwiclicm.BaIh JdOCllli... md aajabition aclMdea Ibaaklbe clmnd by !be.mew. , (I) 'lbeJdOcadoa.uple IhouIdlDcludecuea,lII wbicb aD ~ haw: been comr- ,aad _ III wldch !be penlIIl ... been diapI...w bat all)llJ1Dellll haw: 1!Ol )'Ol been made. The IIIIIple oboaId pnmde a buiafar1be____tDclelcnalnelllllllllly wbl:lba'poIJIIIeIIIa__ palllcl ...."..dy IIId made pnliDpIJy. but 1110 wbl:lba' d;"P'-w penoaa J...a..,d properllllllceoflbe full I1IIlil= ofJdocadoo o0oi"-:- 1IId_- vi_ lO wIIIc:b !bey 1ft CDIiIJed. PriorIty IIIaIIiaa IhouId be II.... 10 _in wbicb. piev_ baa been fiIod...!be IIpIICJ baaderermioed lha1a penlIIl II iDc:Iip"ble fOfJdOCllioa beDefiIo. ,,' ' (2) The acquial1lcm iample 1houId, be llIIoed... ..... In which IeIIIe- IIICIIl baa beaJ c:omp1eled. However. iflJllcealllly III pnmde aropraeola- Ii... ampJe of IICqUisiIiciD ac:livillc:a, Ibe rc>icwcf abou1d iocIude I....."., pletc 1I'IIDaaCli0Dl1II which oepIIialioao ha>e,been ioIlia1cd. ' (e) Aftcr!be rccada IIIIl fiIea bave been reviewed, lbeieviewerabou1d select _ for funbcrcvolualloil \bruuah JlCIIODllI lMa'vi~ with diI- placed JIOZ'IOII8 aodIorowocnlllll !bebupcclioil ofhouaiDglO wbicb per_ IIOI!Iba"" lIIlMld. Tho ~ IIIId houamS inIpccIi.... abou1d ..,.., ,Ixilh 10 iPOll:licck 1be accoracy of the InfmmaliOJl obl8iDcd ill !be WmI- l1lIlIon oftbore.oida imd fiIea IIIId Ji...!be~ a belrerpc...,..,d.c on tbo 1t&CJicy'1 performance. " , The II'IIDthcr IIIId type of ..... for wbIch iDIcrvicwI ond hauaiDa iD- I)lCClio.- "g-lO-beUJricd'ouuhould re11ect lbereviewcr'.judptent, , bucd on tbo informaIioo be bu juat reviewed.OeuctaUy. an IDicMcw . imd llIIpOCIion Ibould be corried ooil for at Icaa OIIC of CYCI'J Ii... ..... forwhicll tbo me.1IIIl rccada hi... been reviewed. (loJ)'.......e thelllllll- ber of perm dioplacedI. leuthao 2S obouId Ibe number of iDIcniewa , and loapecliona be lea tban 10.10 DO cue IhouId Ibe number of iDIer- vicW.lllldbupccliODl be lower tban Ibe ~ oflivc ond Ibe number of JIC!$ODI c1isplaa;d. To !be ex.. pouibIe,!be itucrvi....1hou1d covc:r a ..:,........taIl... aoulectiOll of!be IyJleI of _ ill 1be .....,... wort- 10lId: c.a. reloci1icm _ involvioJ f'amllica of varioua aizca .. well u IndividuiJalllldbuaiocu concema (iDcIudins both 0WDeII ond 1CIIIOtI). , and acquiaIIion1lBnlaCli0lll illvo1vq ICIIidcolial, COIIIIIICt'CiaJ IIIId in- dUIlrial JltOIlCIIico. " " ' , ' ' '(eI) 10 1lddit:i0ll1O lbeabovc, the folIoWiDg facuJn lie IlIItODI thole which abou1d be CDn!idcrcd: ' (I) ThO eft'octIveocsa of clJorq 10 pnmde relOCl1lioo ~ 10 clio- placed pnooa, iDcIudin& rim.Un.,.; ofDOllcc and...u~ of c1iSJ'biI- , ily "~-""IIIIIVwI, .. . (2) The utI_"" of rcIoc:aIIlcI famiIica, indlvidua1. and buaiDcu , __10 dialr oew IociaIiaoL " . . (3) The _10 which oc1kmca 10 iubataDciard hooliDa lia.cbeen mIftf"""""., '" , ' (4) The clJectiWneu of eft'ona lO pnmdc rel0cad00 oenicca 10 buai- .- '-.., iDcIudiDs ......-H'lJ ~ IIIIl ,SBA 1011III to aid in, lbeir ~hll"""""" . ' , - (S) 1k ...""'JAl-I of proc:eaiag c1aimuDd!be makinJ ofpayDlCDll, 'ioi:ludina1be ~-'. delivay, ad_ofJdocoli...payDIOIIII. , (6) The DlItIIber ad ....".~ of ian iDcrcuea foIIowing acqidailion ' aad d1'lpl---. ' , , (7) Tho clfec1i._ 01 methoda UIOd lO rcIo1ve dilIicuItit:a expori_ coccdbyaitc........p-. ". ',' ,,' . ' (8) The elJecd_ oflbe public emlly" Jrlevaoce ~ ' , ~:::=t.~.,::::-::ty:::;:: , '1OIIlI ,and in Jtlduclos patIatU of minodty-sroupcooc:Cotradotl. , " 3-70 ,",-,-- ,~~~ (11) The clfoctI_of ~.......... III .......... Ibc, hoaaias ad ovaallmwi. ,~:li. Ifrd.....'afperiaaadl~ '," _ .. (1Z) The clfoctI....... 01 die IlICiaI acnIcc ..0.._ ........... COIID- IeIIDc IlII'Vil:a, in beIjIlDa ~ 8l\IIIIt to --aad III hdJIIDI 1OIw: 1Ddi....1IIIl famlly ...lbL.-.' ' . " (13) The m.-lIIIlhoe ...,-.i. oflbe..... DI8Ibt Ic!vine !be iDcomc JRIIIlI dI"P''''COd Article 3. 'Relocation PBynHtnts 'llIOIlI., Purpoa TheJlUllllllCoflhlaArlic:lcillOletfardl !belJpeior, andaPecmticliJi- bility'criteria far. "'0CIIi1ll ~ lD dI"P'--' pcIaoIaL BuIc cIiJi. biHty MndItlc>u llelet forth III IectiGa 61*. Spec:lfic-XS1iooa n:IIIinB , lO)III1icuIar Par-. lledcac:ribed. in Ialcr ~ ' ' , 1 6012. RelOUltkIn Ptlymenla by Public Entnr. A pubJicen1ity Iba1I matetelocadoo ~ lO oron beba1fof diJi" , ble dioplllCCd penoaa in acconIaocc with IIId iii Ibc fItII ex_ permiUcd by IhiI AnicIe. The ol1IiptiOlll deocribed ill this Article arc ill addition 10 1"-10 AnicJe 6. f 6084. IluIcEllglbll1ty Coillllllon.. A penila_.hl;ohoo bale c1i1l!dllty for~';", paytIICpII ifbe aII- iofiea !be c:oodItic!oa deaC:n"bed 10 IoctIilo 6034. A JICI'IOD who _ ftoDltealJllOll"ft)''''who _bi.penOaa1........tJ' flvioreal JIIIlP"I1)' bccliIJIe be will be diop1aaid Iiom alberreal JIItIIleIlY CII1 which be cOo- ductJ a ~ ...farm opeIaliaa, "''''''aM. oIlslb1litY on !be '-is of Ibe mOve from auch other JIIOPCIi7 aUlJ for ~lIIeolI made pDt1IIIIIIt lO IectiGa 6OlIO. ',' , 1 6088. NolIce of Intent to Dlapllioe. A public en1ity till)' iIIuc a wriIIco NlIlicc ofli1teat lD' DiIp1_1l111Y time ai'ter forminsa tcaionohJe "J'P""llJIion of lIClJIIiriDs real property. Such JiilOlicc, by eIlabIilhiDJ c1iJibIHty prior III 8CqUiaidon, ...111 euable ' a public Outit)' lO ICIJiOnd lD lianIobIPond other 8ItuaIIoao. 1 6081. RUng of Clelm8; Submlaslon of Ta Reluma. All ellimo filed with the public eodl)' Iba1I be aubmillCd withIo ash- tcco IIllIIIlha of!be cIatc 011 WhicIIlbec:lalmaatJeCCi_1iuaI pa)'IItaIl f..., tbo pfoperty or !be daic ... which Iie....va; wbia.c-Ia .. The clio- p1aciiJs entity IiI8)' i:xteud IhIa periodupooa proper aIiowiD& of Sood CIIIIC.', ," , ' Except where opecificaIlJ prlmdecl odi.rw;., a r1oim.... ohaI1 Dot be JCqUired lD IIIbmlta Cap,. ofbi...,. -. in ouppart of a claim for~ calioa PBJDiema, ' , 16OlIO. Actual R_b.. ~ng Expenaia. (a) GeoeraI;A public eodty Iba1I makcapeJtDlllll lO adilpt"C"d pcnoa , who lllilfiea!be penIDem cIisI'biIity ftlqIlh"";'" of Iection 60841111l the ..:q.L......4ljoflhilloctlilo, farllClual_..-..1>'~ ~ apecificd below ad 1Ub,iecl.1ll!be HmllJlIOllllOlfardllll ..."-1..... (e) oflhilllCl> , dOlI for IIIIIviDa himacIf, Ida filmlI7. moi-.. fianD llpCIali... ...other penooaI JIIOilI:rty.1o aD... !be_ of a pIQ1IiOIIIlhtin DOt exceed , the ,.,............ COIl of ..........".l~ lite ac:liYitJ' Io..."..,a;.., with which a claim ... beenft1ed.' ',' ' ,,',,",' Themovloa IIIIlldalcd,cipeoaca far wbich c1IIima 11III)' be fiIaIlhaI1 iudude: ' " " ,,' ',' '(I) 'nanopciriadon ofPen- ad pupi,n, DOt to aci.ed a diItance of · SOmilc& fnm!be IiIe fiom wblcb d;~"-'d. except wblft Jdocadoo be- JODd IIICII diIIImee of SO miIca iI judled;, ' (2)l'a!:tiog. Cr81ios. ''''P''''H''I1IIIl1lllt':laliq penoaaJ prapert)'; '(3) Such.... ofperlOllal pmperI)'. for a pcriGd a-nD7 DOtlD ex- c= 12111C11idw. U cieIenDined bylbepubllceulity lD~r- , lPll'7inCOO- oectioa wiIh~: ", , (4) 10ammcc ofpcnmaJ plOpert)' while bllta.... or tr8DaII; and ' (5) The.........ble """---.. ~ of\AUjoWt} l01I, IIOIcD ordam- qcd (1IIll ~Ibe fauII or""lllw- of!be llI"P'oeed pcrIOIl, bis 16lIllO BARClA.YS CAUFORNIA CODE O)l'REGtlLATIONS nile 25 ...... Of~),1II ibe proceu of moviDa. wbere iDIunmce c:ow:riac '1lICh Iaia, lhd'l,... ~ Ie DOl ,.........nhly mdIab1e. ' (6) 'IbC coataf di.. .....-fins. mam-IIo,a.,~ rep-....... a~w JI"1 md ~n, ~'~F -. I or.GIber peII(ml 1""....L,r (iDcIadID& pda IIIId invenlDl)' kpt for 181c) DOt acquired by !be pIbIIc _, iDcIudID& .. -.....~OII rlIIIrp impoIed bJ public udIi- tiea for -w.a uIlIitJ avlce. ' , , (bj Actual ,,_..... MoviD& &pcmeo-DispIacc Rnol...... Can- c:erm'1IIIl Farm (lpenlIaaa.' ' In addIIIoa lO Iboae c:oaipeII8abJe er.poIIIeIlCt fortb in IUboeclioa (~ of tldI oeCdoa, . dioplaad busiDcu CODCaII or ranD operaIioa maY file . c:1aim fa&- !be fo1lowiD& DioWJcandrelaled er.poIIIeI: ., (l)'lbecoat;dir=llJre1aIedlOdlopI............ ormodifJinltbomachID- ,Cf'J. equipniom. or 0IhI:r pcnOna1...~ ... adopt It 10 !be teplaceulCl4 locatio..orlO uIiIltiea .vailllble.!be ...,.- 1ocaticm...1IIIldIfJIna Ihe power auppIJ.,' ' ",' , (2) CIai.... f...paJIIICDl UDdcrlhis IUblOCtion IhaIJ belUbjoct 10 !be fol- lowiDa IlmItallans:, ' " ' , (A) Reimbmuble COlli sballbe reuooable in amout1l. , (B) The coat coUld not be .vOided or subsllnliallJ recIucecI at an a11er- IIIIC aVllilabI. and suiUlble aile 10 which !be busiDea wu referred. (3) The coat or any IiceDae, peniIIt or c:enificaticm required by a di... plac:edbUsi_ concem to the er.1eIIl aucb coat is DOCelIsaty lO the...... IIbliabmel!tofill Qperalicm at a new loClition. ,,' , , (4)The _nbIe COlt of any pi'ofeuional aervicea (iDcludiDa but not limI1ed 10, arcbi_', atUllDeJl~ or ~' f.... or COIlIU1Il111l1' ' cbBrpa) IIOCeIIIIly f... PIaD11iD&!be IIIltYO ofpenDDalprc>pertJ, movID& ' !be pinOIiaJ propeny, or instaDadcm ofrelocltedpcnonal pnIpeItJ at Ibe ' tepl8cemont IIite, , ' , , (5) wm an ilt:m of petIOII8l pnIpeItJ which is used III COIIIIOCIicm wilh,lIIY busiDea, or fllDD operaIioa is IIOt moved but is IqIIaced ,wilh a ~;.......bIe Item, rdmbunemera in an amount IIOt lOosceed (1) Ibe ..... p'-- coat. miDua lIlY. Qel pIIICflOds received &om ill uJe, or (2) the ellimallOd COItal IDOYiil& wbicbever is leu. (0) AdY1ince~ A displaced peIIOII maybe paid forbislllltic:i- JlIIICd mcMlII eXpoIIIeI in ,1Idvance Of tbo ICIUa\ move. A public entity obaJ\ provide advance paJ- wbeDevc:o- _ PaJmem would resUlt in IiDaciaJ banIship. Pattic:uJarCOlllideration ahaD be Biven lO!be fmanc!ll 1imiliticmatmddiffii:u1tiea esperieDced by low amd mocIente income per- IIOD& and amaU finn and busiDcu ope:raIioas., " (eI) The apeclfic provisiOlll ClOIIllliDed in this section Ie notl...........l 10 preclude a public entity's n:Iiance IlpOIl other =>ODab\e meana of of- fcctina . move, iDc1udiJig COIIIJ1ICiiDc - IIIIl manain& for usip- ment of moving er.pc:nIO paJlIIOIIlI bJ diaplaccd pclIClIIL' (e) Sdf--lDlmL Witbout clocumimwion of moviua cqIOIIIOIlCIUa\\)' incum:d, adiaplaccd penon e1ectiDa to oeIf-mcm: maJ IlIbmIt a claim for bis IIIIlvilla er.poIIIeI to !be pulilic entity in... amount IIlll lO exceed an 8CCOplIbIelow bid... an amount 1CCeJll1lbl. 10 !be displacin& entity. (f) PenoiIa1Propioty of Low Yalue IIIId HiallBuIk-BlIII-. ...FIIDD 0penIl.... WIIeIe, in tbe Jovl........of!be pub1ic entity,lbe coat oflllOY- Ing Il1IY iIem ofpcnonal...."e.ttoflow yalue IIIIl biJb balk which is IIIlld in ~.."witb my busiDeu ai'~ opentioIl would bedisplo- ~inrela1ionlDill value,lbeallowab1c~forl!!eex- poaaeof mi>YiDa aucb popetty obaI1l1l1i exceed tbo dlft'e.~ between !be coil pfrqllal:lDa'!be..... with. .............bI.1tem ItvaiJabJellll!be , ~ and lbeantoma wbicb wwldhave been received forsach JII'OIIllf' !)' on \iquIdaIloD. 'Ibis provIsioa may in appnlJlIiIle oltnotloube ippIied lO claims invalYiD& !be ,movl1l& of juDltJanIa. .."""""", IIIIIlI, anmJ. minerals, ..-II and aImIlar JIIilIBty" ' ' '<&>1:10.. ,""'.'L"'inSUpportaf.CIaIm. , , (l)GeueDJ.&ci:ptin b.-ofl d1op1..... JlI'lIClII....-......... aeIf- ' , mo.... u provided in subleclicm (.) above, . c1aIm for. plI)'JIlCIIl \IIIIIer tbia aecticm abaI1 be "'PI"'"~ by abi1l Or ~ eoIdeDce of ~..;,. in-, 'curred. BJ ~t'betwoeD!be public emlty. !be IIiui acc:uPom. , snd !be 1IIlMlI'. evidenced in wdtiDa. !beclaimantor!be JDOW:rmayprel- . . . . . CIIIt aD lIIlpIid moviD& biD to !be puIiIIc lIIliIJ.lIIIl!be public CIIItity may JlIJ!be _ diaJcIIy. ' , (2) B I -.IIIIlFenn Opeillk...llaclll:lidmin_ ofSl;ooorar !be_iDcamdbyadlopl~JlI'lIClIIfar.....q'bis'" I: ...flam """'.....1baII be _I&;d bJ.. ,....III'le1lids llleucb IIIIiDbea' Ii are pnictIcIl Iflbe public entity . ~ Ibet~. ." '" wbh the bld re- ....n_is lmpncticaI...if ;.,.,1.. ..- in aD_aflea lbaDSI,ooo ,Ie .......,..... .claimmajbe....,...tGdbJ...l.. ~- inllen'ofbida:,' (b) ~a pubIlcemlty_parlbCaaaal coat ofmimua.dis- placed JlI'lIClII,!be COllI oI'aucb move abaI1 be C&eIIIIIlIiom rcpIaIioa b)I !be PubIlc UtilIties CommiAicm u pnMded bysectlau 7262(e) allbe Act. The public eIIlity may aoIIcit ..-......Id'ile bids Iium qnaIIfiedbid- den for ...ru;.~.c.. of !be WOIt.Bida IlIbmiUedin._...... to Ilich 10- Iic:i1atioas shall be exempt from rep\jdloD by !be Public UtI1ItIes Cam- lllilliaD.: . (1)(1) Reestabli*-'t Np"".... In iddition lO IIIlJYiJIa 0llJl0IIII0 paJ- ' 'menlI". firm, nOnprofit orpnizeliOll or ama1I buaiDeu al Dot_than SOO llIIIpIoJcea, sball be eutilled lD actuallllll_~ .-.....dpnent er.peIIIOS, DOt to exceed SI ?.?oo.00. RCCIUlbIiabment e..... aball be onIJ Iboae expeases 1hat are taIOIIabl. IIIIl -..ary IIIIl iDcIude, but Ie DOt limited 10: .. " ' (A)RqJain orimproVemontllO !be~'~ prupeny u RlQUIred b)I Fed,:ral; Stale ...Iacallaw, cade... o.dh--. , (B) ModlJicalioias io tbo rer'-iMiat pniperty lO .......ud.iouda1e the , bualnea,operatkm or make rop1-IIb_... llIit.8bIe for c:cmduc:t~ ina Ibe nn.lfteto. ' , (C) CoastructiOD and ;,moll....., CaoIa f...e.u.noraJsnllll lOadvemse !be buaiDeu. ' , (D) I'!oYlsionol'uti1i1iea fromriilbl-of-WII)' lO ~u..omema 011 tbe repI~ "';t~' . (B) Redeconuillll or rep,............ of sol1ed or WDID ...ificeo at the..... pl-- site, such .. paint, poueIIlDa or CIII]ICIin&. (F) I ;......... foca and permill whea Dot paid u 18ft of inoving os- peIIIOL (0) Feea'bi1itySUl'VOJl, sOiIleItIng IIIIl m_...atudies. (H) Advenlaement of rev'0-1oeaIlon. ' 0) Profeuiona1 serviceain ....--..Iioo with !bejucbue...1ease ora , rT';' ~~ aiIc.. . . . (J) P....m....., iiIcn:ued c:oalI al apendODdurina!be fint2JOl'1'1 at tbe R'I~~ .. site'foraucb IIemi II: ' I. Lease or reaIlII c:beqp:a, 2. PenanaI ... rea1 property tuea, 3. In"'lll ,..J{f preDii1UDl.1Dd 4. Utili!)' cluqes.exc1udIDa impoct feeL , ' (K) Impact fees or one-dme - . >.-."'- for ontl~ beaY)' uiaJe. (I.) 0Ih0r itema ..,-"., 10 !be _......m.- of the N..m... ' (M) For,JlIIIPCIIOI of Ibis subsectioD Ibe lam "ama1I N..m..... aball mean a ~s baviDg Dot mare tbm500, ......,.....-...kh.o. at the aile beiDa acqaIred Or disp\al:ed bJ. JII'OII8IiI... pmjaict; wJik:b ~ II Ibe 10- catian of ecanomic activity. Siles(...~,I..d salelyllJotIldOoradvatlslna IiJIII, dfaplays. ordevicea do IIOtquallfy u um.n 1>-..1 .... forPmPosea of tbIi 1Uboeeti0lL . " ' (2) luelisible,expeaaea. TIie followlDg II a ~ 1IIIing of Ie- -"ih1;....... .expeoditDra DOl CODIidered to be JNIWft.hJfI'. -'-".-Y, , arlllberWlae eJi&IbIe:'" , , (A)P...:b..,. of capItaiJ -.1lICII...oIIicetlamitn:R,fiIIDa ....~. l'IuIl::I1.rllll:ll,orlDde~: '. .. (B) PlIrcbue of .-J..:turIng miaeria1s, Jll"""-'O"I anppIiea, pIDcI- uct Dr._t. III' otber itema uaed ita !be IIOIIIIa1 <IIInC of !be N,ol...... openiII.... . ' (C) Imerior or cxtaior niI'mblabmenIa at !be "'I'I~ - IIiui whicb are for atbetic JIIU.-..except u provided III pmarapb(l)(J)(E) of tbIa 1CClion. , , (D) Inta1:It cm D10DeJ h..u"..ed lD make !be _ Cll'purCbue tbi:..... ' "'~ JXOPOftY. ,3-7/ ' , . . . TItle 25 Deputmmt ofBousiac 8Dd Cu.u.u...dt) ~.d."1 ..... Proeo- 161QO , (B) I'a1meat lO . pm1-lime ~ iD!be home wbicb daea IIIIl alii- tJibaIe -"'oIV lO Ibe be>" ~ I A.I u-a.. " , .' Ncmi!, ~dIod: _ 5MIiO,-"'SoliotJCode,,~ _ Sol> 1iclt72Q(l\l(4), 0... ~ Co6t. " JftnaRy, , 1."-' lof_icallllcl_NcmlfiWl-12-97;--.eJ-II-97(1lep- .97. No. 33).' , 16082. Actu.J DlrecU..._ afTanglbla '"-_ , PI'OfleItY. , ' " (a) GcaCral A JlIIbIiceatil)' IbaU ~a paJIIIOJIIlOaclisplaced poricm ~~!be~1)'~__of_cm~IIIIl~~ for ICIIIal dilectba of\aDllblcJlllllllll8l pRipatJ u uaulloflllllYiDa or6i.. "1....1... a baaiDeu orfanDoperIIi....iD... amaunIdeIezmIDecI b)'!bepubliclllllllylO be in ~._1riIb tbc pn>YbicmaoflbialClCtilllL (b) DeIermiJJiJia AcwaI DinlCII,ooa ofPropeny. Actual dinlCllou of pIIIJIlOIly IbalI be cIcIamiiIecI ... !be buia or !be ~ of !be rol!owiD&:, (I) The fair IIIlIIkel value oftbc propcrIJ for aJI!liDuecI 0" at lIS Ioca- lion prior lD diapIal:emeal. " , ' '" (2) The ealilllalCcl reuonabIe coats orreloc:atlDg tbc properlJ. The: pubIle enlilJ maJ require Ibat tbc owner first IIIllke a boua ride of- rOlt 10 IClIIIie propeItJ or 11 may permit the 0_ _to do 10. The pr0- ceeds rca1ized rlOlll 8Z!Y we of all or part of !be property ahaII be de- cIuc:ted horn tbo delemIinati... ofloaLln caIc:u1atID& paJIIIOJII UDcIcr ~ ocCdon!be mllODab1e coal or... eft'DIt to IClIIbaJI be adcleclto tbc deter- miDation of 1_., , (c) Documeuwim to SupPort Claim. A cIlIIm rorpa)'DlClll be.~""'" , .baD be ~ b)' wrilla1 evi,cIoaI:e ~'_whicb may include ~ praisall, cenlfiecI picea, bill. of laic, rcceiplI, cancelled cbec:b, copIeI of 1IdYCl1l........... offen lO ..u. auctlm reconIa, IIIIcIIltber rccorcII lip- , propriate lO .appo;Ube claimor1be publieeudty-may"8=alJ.lotbe-vaJ- ue of 1bepropony left iD pIC , . . t 6094.,' Actual RHaonabIa, Expan... In Surchlng for a , , RaplacamantBu....... arFann. " , A cIiJploCecl penoa who aatiIties tbc ....m....t diJi!>illtyrcquiremoms , of oectlon 6O!lOwltblapecllD actua1 n:uonabIe IIKlYiDc cx_,1balI , be e6s1ble for a pa)'DICIIllII... amounl DlIlto exceed SI,ooo.ln ,oearcbing for a repi..,..".... hnonn.... or fmu.1ncIucIiJia cxpeIIICI incurrccI for: (I) 1'IaDaporIaduu; ,'- '_ " ' , (b) Moa1a IlllclIocIgiDa ~ fiom home; , (c) IUIIC I)ICDl in IClII'Cbin& baled on tbcbOurlJ WllI""""of!be oaImy or earnlDp of tIie dispIacccI pcnciD or ilia Jep1'CICDiaIioe; IIIIcI , , (eI) IUa paicllO a real _ aaem or broker lO locate. replllCClllCal, , buliDeu or filii": ' , " NotE: A.......,. cited: SecdoII5046O, IIeoIIh ad Sofety Code. Ref........: Sol> Ii... 'T.l62(.xJ). Oo.~_ Code", ' ,', ' , ' HIsToRy t.}.......... .d orfint.....~1Dd ~141 ~~aa(c)adDewNO'I'Efiled8-12-97i opcraIhe J-1I-97 (IleP- VI. No. 33). , , tlltlll8. Moving ~..Outdoar AdvarU..ng 'B..--. A cliap\acDcI petI!IIIwbO .........'(;1) i laWful activity primarIJy for UIIat- ' ing ID 1be )IUII:baae. u1e, reaiIe, IIIIlIIIIfactnrpo. ...... ... -";11I of pioducca, ~......ocIlil"'. pencaial jlroperty, or acnicea by !be =c:tlOll, and mttint........ of 0lIlcI00r IIdvenililll diIpIaJa II enIiilelIlD JIRJmeIIt ' f... the ~hIo CClIt ofJllOWla IUCb diI)I1aya Ill' Ibcirlu-placll vaIuc, ~laleaer. ' , I 60lIL ' ,AItamate PaynllInm-Indlvldllllla and Famll.... A penOn ... family, whO II <IlopI""ed fnan . dwellina IlllclIa dlaibJe for a paymemfor..-Jft'OO""OhJcoDJOYln&ri:peo... uacIer_oiJ fi09O, . inay electlD reeehe imcI ~ be)llid, iii Bell of,lUCb pa~me.I.. DJOYIn&, " CXpeDle IIIIl diIl.-ioo allow...... -.wh.dd in ao:cmIance wl1b ealab: IlIbedPcideraJ JIi&bwaJ AduJWlobIllion acbedaJea ....m.,,"-, b)' 1be '.Califomlao.-~afTtansporwilllL . ' ,,' , , Non!: AlIlboriI1c1Jod: Sec:IiCa ~ _... WotJ Codo.IlcfeR:oce: Sol> 1iao72&(b),O._...-Codo. 3-1-;;2. -~ HlimRy , 1.0-' · 'or',' ~,(l)fiWll-s,.76i1o.. _11-.77_76 (Ilcpao76, No. 44), I 2.CenIIilaofC . - 1IJodZ-16-77~77rNo.I); _-..:.~' 3.... I . ar......._-NcmlIllodI-Iz..97;......cI..J-U..,., ,__ '.", No. 33). , , , ! , ! .1."-'_ 'oIfec- l6100. A~ Paymaolli. Bual__ and Farm O~........ (a) Ocneral. ' , (I) A penoa wbolldiapl8ced fnmtiliaplaceaflmol- ...fanDapera- 'Ii... IIIIl is eIqJ'ble for paJDIeDlJ UDcIcr IiIIcllOIIs 6O!lO, 6092,6094, or 6O!I6.1IIIl. ..,..1ieI Witb the~'oftbiiaec:iion...., elect lOm- cei...1IIIcI aba1I bepaicl, III lieu of 1UCb)la)'llleuli. a paymw equaJ lO the .........1lJJJIIaI notOllllinp ofdle buoineu Or/arm operaIion (butDOlIn- , ' c1uclillla bosinea u doacribecIlII ICCIion G6).. cSo.t......>i...cl1ll 8CI:ar- dance with IUboecIian (b) below, except 1ba IlICh JIlIJIIIOIIIl aIudJ be IIIIl ,leu than SI.ooo nor_than S2O,OOO. ForJlUlJlCllC8 oftbia ICCIion, tbc, aonarllmlwiOll 1)ICCif'1ecI1n tbo p......dia.a ~ IbaJI IIJIIIIJ lD a aiR8Ie businoa, reprdIeu or wbetber ilia canied IIIl uacIer,OIIC or III01'C IepI ClJliIies. " , , ',,' , (2) iMI of G?odw1II. When par- imdertbD lClCtion will ~ ......-IDr adaim forCOlllJlClllWioaf...louof soOdwiU UDcIcrtbcEm- IDeDl DIIIlIain Law, tbc public IlIIIIIJ before lCIIdoriDa JII).....4IbaJl_ In wri1in& what ponioa oflbe~ if any, II COII1ic1e....slO be C:on>, penaali... for Iou of gooclwill and IbaJI expIaiDbt :wrJtinI1bat lIlY paJ- meIIl made JIIIIIiraIIlIO ~ of CiYilI'>....oicIla';' SecIiana 1263.510 d _ (!be EmiI1llDl Domain Law; Cbapicr 9. ~'6-"CompenudOll for iMI ofClooclwill'1 will be ieducecllII !be IlUIIie -. The pcnion CClllidclecllO be ~~9Il for Iou of joodwDl,aIudJ IIIIl exceed the dilferenc:e between tbc)lllJDleill madeuildertliia -non 1IIIcI..._ wblcb rcuonablJ .......1_ !be p-..-' foi'wbicb !be c1i1)llacecl - otberwioewoo1d beeliglbleuaclerSecli...., 6O!lO. 6092, 6094.1111c1 6C96. FaIJurc 10 PiMde IIICb Wrlllell,............ Ond explanalion aba1I COJIIIi_ a conclllliw: 1n<ti""ll0ll1bat DO jlOnion of tbo)I8JIDe:IK II COlI" IidclecllD be COGIp ""~m fcir _ of goocIWIII for the Jl'u~ oflbat portion of tbc Code of CiYil f'roc.ch..~ ...r.,.......d Ibove. ' , (b) ~aaiueoiea. PaJmentlbaJl1lOl be,madeuaclertbia secIicm nnIeu tJ.e]lllblie emityclelaminea that ' ' , (I) The bosinea II DOl ciperalecIIOIeI7 for=t81 pUrpoooa and ClIIIIIOl , be relocated wltbout. ...r...-<.11oo, oflb Cl'latf"'g p.d>_'bueclon a alIISicIeration or ill ~m....t e;,....n... ,e. iIicIudIng aucb flICIOn u the lJpe ofbUaineu .......""eeI. dIe-.ioflbedieme!c, lberelati..: 1m- )ICl/lallo.;g lO tbcdl"f'l-eci buaiiaa of lIS poeoeni IIIJcI po.....-cl kx:atillD. and !be avaiIablIiIJ af alllitabJe ,..JocaIicin lite; " , " (2) The bualnen II DOl part of a "'-""'dal-..iprlae -vina 110 more than Ibree (3) 0Ibcr ......m.......... wbIcb ... not bein/i acqWt.ocl f... a JIl'!iect IIIIcIwblch IIlIIJ8IICcIllltbc _ or aImIlar .......... WboDe>I:r the IOIe ......01'""1 fao:lIiIJ of a ~ which' ~ ~ di"l'l-' fiom III princIpIIllocolkia: : ,'," , (A) Hu -..11I oprnIion for leu thanlWO JeIIin; , ' ' , '(Ii) Has bIId a-.11III1Ia] puis ncelpIS ofl_than 52,000 cIurin& tIie lWo taxabJe JIim prior lO cIIar'.-- of !be m...- ~.-- of " !bebuaineu;or, " " ,,', ' (C) Hioa bIId a-.1IIIlI1I8I_eamIDp ofleaa Iban SI,ooo during!be two 1IIXIbIe ... p'iortO tbe.dt~... v .:-.0. of Ibe IDIJar ~.._..1--~... f4. . thelln"'-o. !be,......;..;'lifaclll1ywillllCltbe.....~--.."atab- ' Jiabmen1'" I\ir JIIIIIIC*I of Ihia iei:nuu;1IIIcI (3)Thedl~~,,' , , (A)H8cI~1IIIIIIIaI groullceiplaoflU_ SS.oooduring tbclWO tuabIe JelIrI prior 10 dlOpI" '"""I; ,or (B) The c1i1)lla:ed ~ bIId...... ~ ............. of at Ieat SI'OOOclurin&tbciwotaxabJe,....priorlOcllapl~ ,... d, or, , (C) The cIIapIa=I bualnenilOllllibulod at'~ 3l 1/3 percenI of !be total p.1nciome of !be ~a) cbia&,eadi of' 1be lWO IaUIie )ICIII , pri... lO ~"I"--Jf In.., cue !be jluIiic c:ntiry cIoIcnnIne:o 1bat !be two )'eaI'periocl priorto diIp1--. II Dol...... i .otl..: of IlYmIIF m-' ". '- . I 6UlZ BARCLAYS CALIFORNIA CODE OFREGtJLA11ONs TIde 25 c:eipll,......... ...iDcame,ilmayJllllke".;,ofa"""" ............dWiwgpai, . 81l12. ~n1 Hou.Ing Pllyl__ for I ~.I"'" ad. ' , ' (I) GeaInL A paIIIic eaIity IbaII imI= III . per-. WIlD fa ill'!"...... . (I)) IfdlellJllllka1icmof1be ~ aiIaia_1IIi iDeqaityor bani- from a ~ IIIIl wbo ntlafica dIll.-th..4 P.Ilr"hnlty ~~ , lbip. tbodioplal:lac IIlII"lCY mayiue llIberailllla'. pIlI1DiUed In 49 C'R of ac:aiaa 6084aad!be CClIIdI1Ioaa ofaubariclloD (b)ofdda --... a pay_ ' 24.3l16. " ',-_ID....-I................lIltaIof$22,SOOfor:, , (c) Ii':r.' ,'~ orNumborofllu"'-M .. .(1) The -.1f1llY. wbich........added lD!be -.pdoltlaDc:oatof , 111 Nt ...:..1... wbolher.....or more 1cp1 eIIi1Iea. all ofwbic:b ha>e dledwdliDcacqoinldfartbeprojccleqaaladle,........h1oo-..delcr_ ,beeD aapIiled, cooad_ .IiDgklm""'-. !be fo11owIDs f_ &IIIIIIlI niiDed III .......J..;.... wl1b ,.......,., (c), of. __.tie ..p_ DIhera IbaDbe caaaidlIed: ,dWdJiD&, 'lbiI_abalhlllteKeed !bedifl'ermcabetweoD tbo acqui- (I)...... CX_ lO wbIch!be aaiuepanileo II1Id eiquipmollllile ohInd 'lidoa price oflbe llCIl.d>.d dwe11ioa 1IIiI!be....... purdIue price of1be (2) The exu:ia 10 wIIiclt IUbIIaoda11y 1~1 or ioIillllllely ioIare- .-.pI-- dweI1ID&. exccpl wbere . di-Pi- ~ In !be, dream-" Ialed buliJaafimaiam.... JlUl'IIIC4I111d buaiDeu and fiDancial a&in _ deIaibod lD pili......... 6108(1)(1), II wiI6D& lO '!I" !be exua , ...... I.~, , DIllIIO)' lD iIIIpo'Ie die c:oodiIicm of!be dweIIlDa- ' (3) Ti1c...- lO wbIch sUch Ondtiea... beld_ lO !bepublic.1IIIl1II (2) The -.lfallJ, lDI><11I , ....~!bedl~peniIII flII'auyin- - ~........nI)' doaliD&wilb oucb ealiliea, u.....buIioea. creued ioIen:Il...... u dolermlned lD 1lCCua....... wid! Illbaec:11on (c). (4) The e:ua.1O whlcb die....... penon or c1l11dJIdared penoos heisRquiredIDJ!&JforfiDaucin&lhca<:quilitiGoof.~dwel1- own, lXlIIlIll1"'1IIIIIIIF!be alI'ain oftbo ealid... ' , ",' iog. The paJIIIO'llIhallOOl be made uoIeu Ihc dwe1IiDa acquired bJ!be (d) RequireIocoIJ--In lbecueof. i'ann ciperalioo; 110 Jl8)'JDCoI public endl)' _ClICIIIIIbeIed by a booaflde IIIIIrlpp wbIcIi WIIa Y1IIid IhaDbe made IIIlder Ihls aecIIaIl unJeaa !be public ealil)' de1erminealbat Ii... ClIIIbe dwd6ac f... not Ieia than ,180 days pi... 10 tbo loillalioa of ' the farm 11IOI. !be de(lliitioD of ii flllDl ope:taIlon prior III itS acquisidoo.lf neaoliIdooS for acquillilicm or IUCb d~iog. ('IbIa time requirement tbedbpl-islullilecllOODlJpanordlefanDoperaIion.1beoperlllOr may bemoc!lf1ed III llCX:lIIdauce wich \be provIaioaa or auMa:lion (b) be. will be CllIIIidered 1li bave been diIpIaCed &am a farm opcradooif:!be low.) , , , part IIIki:D met 1be de1imtioa of .,farm opcradoo p10r 10 !be taking aad (3) ~8blo expenaO., delermioed 10 -.lance with lllbaec:cion theW:iDg caUIed lIIeb """",ondlil cbaa&elll tbolllllUrC oflbeexilciDa (c) or1bls IOCllon. iDcuned by die dUp1aced penoo lDddool lO Ibe pur_ farm opecIIiOo.1O cooadaile a diopl........... c:bue ofcbe.....'- dweIIIog. , , (0) ~cmprofilOrpnizlld......In!becueof.lIlIIIJIlOf: (II) In -.mIIoce wich Iectioo 6108, !be coatofrcbabllilllllDl.dwel1- it OIjpnIUtlOll, aO jJaJJiieol aba11 be madr> IIIIlIer Ihls JIeCtion 001.. !be iDg wbIch doea _ aaW'y,1be cIoceot, life aDd uoltary alIUIdard. ' pnbllclll1l1)' dtcl..wiu.. !bat: ,'. ' (b) EIiaftd1Iiy CooditioaL ' (I) The'lIOOJl'O!it 0rpftI-... CIIDIIOl be noIocIIed without ;'1Ubatan- (1) A.dIopI...... penon lIeJig1b1e forJlllJIOCllllllldcrtbluec:liOllif IUCb lilll ~ exiIIiogJl8lftllllF (!be ""'" "P.;ori"l! ~n-&l-Uled penon: , in ...n-n.,;,with.. IIODJI!OliI orpne-.... iocIudea !be ~4Idp. (A) II clIop1ooec1lioin . dweIIio& thai II acquired; peI'IClm,aJIIIDIUIIity"or cIiOIIIcIc....-l Or alrecledbJ 1be IICIivid... of (Il) Hu actuaI1J owoedllld occupied IUCbclwellluafarDDtIeas than . the .........AiL orpnI....cn..); IIIIl , 180 daJl prior lD!be loiliatioo Of ncrotfnnt for ila IICCpIiIitioD; and ' (2) The .........h"Jt ~.ooInn iI DDt . pan of au COlCqiriie having, (C) Pun:bucs IIIIl occu..... ;. ,.,p.- ~ witbio ODe rear more thIIntbree (3) ocber -_fIo""""o DOl beios acqUired which ia CD- aUboequ;m lD cbedarc cm wbIcb be nlcciYed fina1 PBJ- &am die pub- pacd m,!be ....... or liodlar 1ICIi~." He emIIyof all COllI ,of tbo acqIibed dweIHoa or tbo dale on wbich be (I) Net BamiDp. The 1rIIII"uera8c aoiaW oct earoinp". UIlld ill. IIIOYeI &oio Ibe acquiIed dwe1IiDc. wbIc11eYer llllirer.' , Ibi. ICClioo IIICIIIII ooo-balf of lIlY oct earoinp of !be buaiocu or farm. (2) If an OWDCf,UIiafiea all but !be 180 daJrequinlGlcollllll.... eJIlab. operaIicm;beIiJie fedcra1 aod _ Income lDeI, duriD& tbo two (2) tax- Hsblocbel8llsfacliOllofcbepublicOndl)'thatbebDulbttliedwelliD&with abICJelIII;""'**.....Jpm:ecliDalhctaxable rearm wbIcb!bebuaiocu die ;",...;,;.,.. ormakiDa'il his place of~.that tbe _ wu DDt or farm opaaIioa """"'" from cberea1 property ac:qubed forlUCb projOcl. motiVBled bJ a cIOaIre lD recei.... rrlNoatW. ...1...,... and beDCftta, aod or dwiDg IUCb Otbel-jIcriod. Ibe held of !be publle eocitJ dclcnoiooIlO Ibat be DCIIbcr 1aIew,1IOf Ibould ba>e kDowo that public acquisilioo wu be """" cqailable for ....hH.m..a IIUCb 0lII1IiIIp, and iDcIudea lIlY COllI- in1endod cbe public 0IIti1)' "'J reduce tbo ~ .. _~. pcmaIiDli paid bY !be buaiocu...farm opcndicmlO the _, billpllUle . (3) Wbo!e for.........beJood !be_I of!bediapleced JlllIBOII com- or bia ~. duriD& BUCb period. The ""'" "owno:(".. UIlld lD Ihls, plctioo or COIIIlIuctioo, ~llalkm, or JO'l""'"lloo of. rep!acemenl ICClion inc1udea !be..le pmpricIorlD. BOle propricIonbip. tbo priocipal dwellin& is delayed beJood cbe dale bywblch .....".....,. II reqoired. tbo paiInon lD a ~p.'and cbe principa1...........~ of a c:orporaIion. publlc 0IIti1)' aba11 deIaminc!be dale of oc:c.:..-..~ lDbe !be dale !be dls- .. deb:mIioed bJ!bepubllc emIIy. ForJ1U1PC11C8 of cIetermloiog a priDci- plal:ed penon......lDto. CODII1ICt fer BUCb .......~CIII, phahm..oIon. pal ...-...:.Ide>', atoek beld 11)' . """hnn<l. bls wife II1Id 1bc:ir cIq ........ or reJoCadon or for lbC pun:bIse, upoa compledoo; or. dweIliD& lO be, ' cbildreo aba11 be lIeBIed ~ .. mdt.' ' COIlItIIICIed ......J..ho'lltaf..., If, III fact, tbo diapIaced Jll'IIDI O"'"'?-!be (g) If. dIaplaced pcnOD who """"'.....,. buaiDeu or farm oporaIioo rep1- dweDIoc wbeo,!be CGIBIIUClioa ...' pha-""'" II com- c1ecu tomceive .,fiuiI paJIIIlIIL IIIIlIertbls accdoo, be aba11 provide p1cloid. proof of'his .....u..p from die buIioeaa ... farm opc..4i... lD!be ......" (4) Where, for.-, Ofberdlbip or ..n..",.... : ,. beJODd cbe am- CODCOI'lled.'Proaf of CIfIliDp lIl8J,be __h1I._ bJ lDcOme till relmDI, 1101 ofdle "iopl-' pcnoo, IUCb penon ia,oDabIe III DCaIp)'!be repI-. financ:lal...,....aad........'I...........orlimllaroMdeoci:8lICllpt_ IIICIII d'!'CI1IDI by !be nqu1Ied ~!be ~ _~ ex1aJd tbo able 10 cbe public eadtJ. ' . deadIIDc . occeuay. If by !be "-'In- !be 11I'1"_ JlllIBOII bu COlI- ' NO'I1!: ~ dlcdi _ 50460. HciIIb aad Sdoq Cadc. ~ See- ,lI1lCIed lD porcbue. ""'........... dweIIiDa. die poblic eadtJ Ibou1d ex- 1iQa~.).O".---"Co.do- _ 1I:ild1be- ' " ' , ,HIsroRY. " ' (S)Nopcnlillo1berwiaecfi&iblefarapay_uidertbiuecdcm... 1.,6.--' '1""" "';ao(e)(2)&1odI1-5-76aan' _ "Yo-&"- 'of-, ulldlnllcd0ll6104abaDbedcoillChllcbp.1l&l"I"ty...-Jtofblsbeios fecdwll-:l7-76(l1cai*%'l6,No,44). , " , " '--,-,_ .....__. . 2. CalilialcofO J u,.-IiicdZ-I6-77 (RccI.-77, No. B)~ . _~of........_............di-, lOlDlllltdleoc:copao- , 3. ,. ......._ of "'~ClIIJ (o)(l)-(b)(%) IIld (b)(3XA). ..... aabIci:doa r:y 1CqI~, -- , (b)(3)(D). -l/1*-' of 1UbIcc!l-j,c)(2)No aad" (I). a4..... NOI'I! filed ((el))~~';;- H~~~ , . &-12-97;........b9-Il-97(Rc&iIW.,. . ). ,3 -'13 ............- ~ -"~ 'l1tJe 25 DeperlmcatofBOlI8iacllllll c.......;.....dt;, De..:,J.,~-a Pr._ 16104 (A) In cIeIamiaiD& !be . t... 1.1. COIl of. CIiIIlpInb\e ",,' . _0 dwelJiaa, tbo puliIIceDlity ...............d,abaD _.... oflbel'allowlDlJ8ecb; .' ~.~.lheMllIhod.Oaa- ~bulabyclok."""'lbe IiIIlDi pri.:e of dweIIiop ...hil:b ba'te beea Ideaed by II!e public eaIitJ " IIIIl wbicb melllOll."I".....wI.c oftbo II;qIIiRod dwcIIiD& lDIiuad_ tho de&Dliiem of . ..hie "",,- dwdliD& lOt _ in "'............. , liOOlI(c). WboaeYcr poaaible !be IiIIiDa price of III ~ dne dweIIiup IhIDbe........TA.....4.. . 2. ~eMeibacL Wbemlbepublicll!'lltydeliirmiues IbalIbeClllll- ' peratlve IIIllIbod Ia DOl feuIbIe, it 1IIII)'~1b. """"""It of.........hIo a<quUi1iaa _ b!be ~ t7peo ofllDlllpaiableJeplacemem dweIJ.. inp. rr_lbali.... endIyi. odtnW"''''iD&' pojec:t cauaiDa dilplace- DICIIl in tbo _IUbaJl...q....... wilb IbeDlberemiliea in _0""""",, .1IIIibmac:bedalc fortbe -. Tho """"ill,1e liIIIJ'bel:-' DII'_ IIIIIIJsia of 1be'lIIlIIIa!:llD 'd.A.......... . RUIlUIbIe COlt for ..:11 typC 01' dwelllD& ID be pm:buaI. In bqe IIIban _lid. -JIia 11III)' be,,,,",, fiDCd.odle IIIb-<<nla ~...bich JlCIICIIIIarecllopl--'...1IIII)' ClMlI'ICY- enI differenlsu,b-aIea, IflbeJ llllilfy...uceed !becrilerialilUld in... seciiDD liOOlI(c). TQauuielbepealt:alo.,..;,-.obiIltyofdwellinp iIllllJ aoaIJlis. !be aaaJyaIa IbaIJ be diYidecl iDlo cIaoaific:aIian of ibe type 01' COIlIInICIiaa, ~ DC bedroiima. aad price ......... ,3. A1IaD111iYe MCIbocI. Wbere tbo pub1ic llIIIity cIeIcmD....thIl DCi1ber !be -~"e.1JDI' ...............ve metbocIla feuibIC in .&iven ailUOlion, by die uSe of lIIIOIber .e.-,,-llIe metbocI. (8) Wbicbcver mdbocI it adecIed !be COIlIiIIII be IipdaIed ID wiIIdn three IIIODIha of!be date of JllIrcb- of!be ""'--- dwelliIla. , (2) 1_ ~ biIaeot ~ abaD be equaJ lO!bedia- COIIDIOd praaU value of!be cllfference betweca !be eareaate in1aat applicable lO!be amoiIIIlof!be prlDcipal CIf'!be inonpp 011 !be ~ dwellio& oy...itl~ IanIIIl!betime of ocquiailiaa, aad Dlberdebt ICI'Yice COllI, aad lIie agreple inlcn:at paid emlbe IIlorlpp emlbe. .' pi........... cIwe1IiD& IIIIl ClIbeI' debt aerviCe CDIII. Tho tezin aDd _ of die 1DIlrlp&e, em !be 1CJl'............, dweI1iuc for JlIIIllOICI of tbia pma. , ilnPb abaD be !be .... of tbo .. ....1..1.., tezin IIIid _ of !be 1IIOIl- PF em !be acquiJecI dwelIin&...!be acI1IIIlCmIlIIIlllllOlllllol'!beIllOll-, .... 011 !be rep1-"- dwelllD&- Tho _of Ibe debt aenice COIl wi1h n:apect lD !be """...........' clwdJinl abaDbe !be.... of!be debt ' ICI'Yice COIlliued em tbo COIlIlllpliled for . compatabIe cIweIIIDa. or the debt'...-.ice COlt baled III !be oCIaal COIl or the ICpiaCemem dwelliq. , Prepaid IDit:reat or "poiIIIan abaD be c:clIIIid=d ill !be cIcIe!1IiIDadoa of......... inb!IaL ' , , In c:alc:W1IIiD& die IUIIDUDl of ~I.. . ........ illClCUCl! inteIeot ccial abaD be recIoced lD di......."'" ~ YIIIue IIIin& tbo prevaiIlng un- rail: paid em uYiDp cIepoa!ta by _..Ia1 benb III !be JCOCr8l orea in' wbIcb !be 1I'pI- dweIIiDJ 1a1ocated' , , (3) R.P'".....lDcidom lO !be Fw.:h- of the R~__ DwdJins. ' PaJm<:itt 1IIIIIettbia 1CCIi0ll abaD IDcIudetbelllllllllliaeceuarylDJdm- bune!bediapl.mpenollfol'acI1III_iDcutnlcIbyblminl:idcotlOthe t 11104. ,R.p/e~ HOU8IIIlI""""" forT_nt8 8nd putI:bue of !be "'i,l.,,- cIwe1liuc. ~ but DOt 1iDilred lD the CeI1Idn 0Ihen. f~ It;pl.doain& IIIIl related-1IIcIudIDil dde -=. prq.-', (.) GenonI. A JIUllIIceality abaD mUelO.cIiopJaced po:ncm ...be.... ..... CllIIYeJIlDCC ......lIii:II, -.y feel, aurveJI; IRJIIIID& drawlDp... liea!bee1iJibilil}.cq..h_ofllCliaDfiOlI48lidlbecxmcll1illlllloflUb- p1ll1;aadchilppaidlDcidelltlO'......dioIillll;lc:Dder.PHA,VAiII'aImi- ~em (b) below. .~lIOllDuceed$S,2S0foI'cithcr. ' " Jar apprid$8I coot; PHA,V A ... aimiIar~fee; COIl for 'c:atifica- , (I) AD Imouat. ",(,"'f"'lld III ~...... wilb pnIInJlh(d)(I) oftbil Iiaa ofalruCtural.............: aeclitlCJlllrlcblrpo; cIIatje f... __a oectiCIIl, ~ IIi :,.10 lIIIIbIeaudipenolllOleaIc oiftllIUrer'- , 8Iid 1IIIIfIppe" evid=eI: or -- of IIlIc; acroW .pm'. file; ad dweIllDa for i)iedild DOt III exceed 42111l1111ba2; cir', " ' oaJa...1Ia1IIfer --Pl)'meiltfol' lIlY IUCb """ .~. IbaIJ _Cll<CCCd, (2) AD -. .......,;,.a.4in----.wItb ....;...."L(d)(2)of1bla !be _aIIribUIabIe lil1be'....-.b- of."",- ~ Socb 'eei:dCIII, '" ~'lD coibIe audi peiaoiI lOmUe .a<luw"l"'1_DII!be ' ex~ abaD be RUOIIIIiie aad IepDy reqIIiIaI... ~l iD tb&i "",-.b- of. rep1- cIwe1q ~ '............., exp" ,... cle- .....IIy. ' , " '." ' , ,acdbedIll1CClicx\6102). , ,'" ReImbur.emezit ibI11l1llbe IIIII,le IIIIdef die pIOYiaIoaa of tbiI pma. , (b) RIlaIh"'tJ CalIditio.I&. ' " . pPb foI'lIIY fee, ~ charp, or expeoae wIdcb ia delamiDed,lD be. A dlopl--' perwm Ia eIiJibIe b!be paJllle'dl ~Iled iD,lIIbaection part oftbe debt aenice or fiDIIIce cblqe IIIIdor 11lIe I of Ibe Trutb izi(a) if lie IlIIiIIIea ~'f01JcIwIDa mnoIltlnt,a. ' "LeadiDa Act (Pub. L 90-321), IIIIl RepIadon Z iuuecI punuaiIt IbereIo (I) Hat ~ed die dwe1IiiJa ~'wbicb bel. diaplaced for. pericJd byIbeBomdofGo'emGI.of!bePecloral RacneSJIlem. ADy lOCh IUID of __ tbaIl90 dIiJa priix-to!be IDIIiadcm of...........,.. for acljoiai_ aJiouliI beanidotedin 1hed..l>....I....olnn oflmaelt paJ""'3.~rl lion of lOCh dweIIiq. , ~,,~, .~ ~ - (d) MIIl1I-I'amIJJ DweIIiD&-In !be_of.....,.- ""'-w..... wile illIllJlIind 10 ....... ~ . GDe-4'....117 aiIit of. moI1i-famlI)' boiIIdII!& ' whiell lie _lbe;.,pl~ '1Ioaabw .......-1bID be buod emlbe COIl of. ........ oae-famIIy IIIIit iD. aadII-1iiIIIIy baIIdiDa of.. ..~!be_daIIity ...iflbat lalllltmdl8blein. boiIcIiD8of!be DIllt leD daitJ. Gr. if .........lIIieCIiIe-ftmIIJ mdtiD IIICh allllllll-fa.. mI1y IIuiJdiaa Ia_,nllllmle, !be COIl oflll DlberWiae -<ll-.bIc aID&- Ie-famI1)' 1IIlIl:l1R.' , (e) OwaorP"""'Iloa. " " , (I) rr. diIpJaced ............... eIecta lD Illlaia, JDDve, IIIIl CICCIIPJ hi. , dweiJlD& thelllllDllllt paJable anderlblallCliaDla d&ditIi........... beIweeD the acquililioa price of !be ICCjlIiRd JIIIIIIOirtJ 1IIIl1be _ortbo...mas aad n:IIonIIiao ap. ..~.1hC COIl of ",-...a. --. ufe, 1IIIl..u..y deficieuciea, if "'J.1IId the icIuaI JIlIIdIuepriceof.......,-.obIereloc:a- , liem aile. A public emity may limit !be ~ made uadertbia 1IIboeC- lion to the __ of the """.. ~nl bauaiDa pay_ fer wbicb !be bomcc>n1lC/' woaJd Dlbawiaebe eJicibIe., " (2) Tbe'~ IbIDIIOl Cll<CCCd $22,500. (f) Pmililllllll PaJman I'endiIlc CoIIdeIimmon. , rr!be_lIIIIDlIIItof.~bauaiDaplo)_CIIIIIIOlbecleler_ miDecI becaaIe of. pcudiua ...........~...IUjI.' tbo pubUc elllity CDII- ,ccmecI may make. pnlVillooal ropI-- ........paJ11IOIIl,lO!be c1i1- placed bomeo.._ equallD Ibe dIff_ ~ tbe public eIIIi!J" maximum oIferforthe Jl1OPOIIyaad 1be..--1loIe COIl of . -...-1Ible 'n:p1acemeat dweIIiIl& but DDIy if !be bllG...<>....... _ IDto .. .... mi:nt that ujIoa fbia1l1lijudica1iem of,!be coo"' .;. ..'- auIt !be replace- menl.........~ will be.~ciIi!be ....of!be acqulaitlcm price delt:naIDecI by !be coun. If !be acqoIaltioa priCe . cIeia1aIDed bJ the COIIIt II ..-\bIIIthe m..h....m aft'i.r ujJan wbk:b!be provIaIoba1 n:p1acemeat bouaina pa)'IIICIIt iI buod, !be cIIff...~ will be ....1Wdod by tbo homeowDer ID the JRIbUc eidlJY.1f die acq1lIaIdOll price . cIeIer- miDecI bytheCOlllt idea tbaIl !be mop_ lIffw upM widell !be)xovi- aiDlllll "'P'- houaingpaJJllClltla buod, tbe ...~ will be paid lOdIe~.....;" , " , (g) Lealeofr'-""nluni. For die JlIIIllOICI oftbia oectiCIIl, !be 1eu- iD& or..-."'- ..."I'm! for. ~yearperiocl, "'..1anI wbichCll<CCCdo die life ""poc:la1ICJofdle ciiopl"""ll pcnoa. clel...udI..d by tbe _",.. c:eut life labIea.... V1lll SllIIiaticaof!be UniIed Slalea,upubliabedbytbe , PubUc Health Scnic:eofthe 0..,...-.. of Health, -~IIIdWel- ' fare,aballbedeemed'~of!beCGlldO",lftlJmI" ' NOI1l: AIlIharity -= SocIioa 504<<l, __ SoIloIJ Cudo.Itd'enD:e: See- ticxl7263.~_........tade. .... . . HImlRy , , 1."-" ofB.-.....(.XI)...(a)(4)1IIII_ Nomfllod&-I2-97;O)l- _9-11-91 <IoPIor97,No.33). , ' ' , ' 2. Ja.-..t I .~... Of... 1 I'~ (e)(2) fDed 1~;-99;: opeadte ] 1-+-99 (Rea:iIw::r ~No.~, " ' 16116 BARCLAYS CALlFORNIA CODEOI'REGtlLADONS 'llIIe 25 (2) 1I1Illl eJiaIbIelOmoel.... ..,..~ . bDuIiD& 1'-;_ for...... ow-. 1I11l111Ua:dClll 6102 ClulecuuollDmoelw 1III:hF-;....... Wbam tbe.,.ll..'~"'JIllIIlIIllalbe_- ) 'oftbodwellilw.1ba~, made IIIIlIer .......,.1> 6104(a)(2) IbaI1 _.........!be _ ~.-y.. _Ill wbich !be penaD 'MIIIId, be aIIIibIa lIIIIW IICIiaD 6102. (3) WbeDaw:r a paJ_ UDdl:r ..ol)o. ,'w (1)(2) ia ~ !be db- ' ' placed JICIIDD IIbaII wilbin ODe "-,from Ibe d8 or diIpI- pII'- '=- aid ClCCIIpJ .1"pI..........., ctwalIIDi- (0) Tbe ProviaIaus ill 1Ilbwtl"" 61!l2(b) for I1IDlIifyiDctbe ~w. or eIl8ftil1itJ aIao apply III lIda IllClioD. (d)~ orPa;1IlllIIL (1) RllIIta1L Elu:eptforpia;acb ..;.... .~ pri",lOJauuary 1,1998 (see r- I and 2) 1be _ofp8JlllelllneceuaylO teue..._ . comporabIi"llpl-=-t cIweIJiD&, UDdc:r IUbacclion (aXI), abaII be 'CDIIIpIIlaI by oublradiDa 42 Iim1II !be belellllllllblJ I1IDIaI ~ !be db- placed JICIIDD (u cIeIcrmiDcd ill acconIIIIl:e w11h lbia ,l1tboac1iOll), from 42 limes '!be lDDIIIh1y I1IDIaI f... . .:......-...111 tepI_ dwelliq (u delamiDed ill acamIancowlll!lbiullbieclian): Provided, thalill DOCUC 1IllIY, mch aIIIDIIIIt ""a:ed \he difI'_ betwee:II 42 timoa. die buc IIlOJIIhIy renlllI u dolermiJllld in acconIIIIl:e with tbiUllbaectiaa and 42 time. the moalh1J.-J acwaIlJ ieqllired r...\he replacement cIwdIiua ' o=lpied II)' !be d1aplaced p:noo. , (A) Baie MnmblJ RemaI. 'rho bue ~IJ I1IDIaIIIbaII be \he Ieaer or tbo a......., IIIOIlIbIJ n:maJ paid II)' Ibe dlaplai:cd JlOIIOIIror !be 3-.-nb pciiDcI!'riorlOinitiatlon or~ or 3Open:emof!bedb- placal ponan'a """'8F JIlOIIIbly income. (See ..'baectiaa 6008(1).) Wbae"1be diaplacod ponanwu tbo __ of the cIwCIIIDa from wbicb be _ dIipJaI:ed...wunot required IDJlIyr!:DlfOl'tbIldwelllD&!beeco- nomic 11IIIl'(1ee IIIboa:dllll 6008(h)) IbaII be uacd ill lieu of !be .venge ~ 11IIIIlII'~JIlOIIIblJ 11IDIaI. (B) Comparable ReuIIL The IIIOIlIbIJrenlllI for.c:ompatabletepJace- meiltdwelliq abaU be 1be'amoual ofrentdolamined II)' \he pIlblicentilJ II)' ooe of'dIe metboda deaaibed iII'JIIIfIIIIIIlb 6102(cXI),COIIsidcriD& ' ..mal cbargea iIIIlClId orK_price ...ac:qujaltjon CXIIl. (C) Whi~melhod i. oeIllC111d!be_ ~ be u~ lO w1tbiD three IIIDIIlha of !be dole of _tal of tbc IllplllCOlD00t dwelliq. (2) .,.,..npaymmt. Tbe downpaJlMlll for wbicb. JlII)'IIIIim apecified underJll1lOllrllPb(a)(2) oflbia oecdemlllll)' be made, 1baIl_""CllCd tbe I1IUOUIIt or a ~ cIownpaJinr:Dtfor Ibe purcbuc of. .......-abIe Illplacement dWeniD& wbenlouch purcbuc ia finauced, pl...""peIIIllI in- cidelt lO Ibe purcbucofatepllcemeDtiiwd1lnc ......."""'" in ICCOIlIance w1thSeaion 6102. Tbefill1 aniountoradownpa)'lllelll undcrthi. oecdon shall be appIicd lO tbo poircbUe ortbo IllplIlCelllelit dweJHna and IbaII be .boW1llJli tbecloain&_orolher...........- ''''''''P'llbIlllO!be pub- lic entil)'. ' (c) Rentall'BJmcDla r... D1ap1aced Owncn IIIIl p.,p..."""'. (I) Owncn. A d1apllcod owner who alec:Ia to n:ntratbel'tbaD pun:Iwc . rcpI--"" dwelliD& and who_1be c1islbililJ c:nnditIoDa apcci- lied in aubiectillll (b) ia cJi&ibIc f...!be JlIJDICIIl apecificd in pataplph (aXI). . " (2) D,p.n . ....., A ." ..... who II IeIidiD& acparaJe IIIIlIp8It from !be penoIl'" family ~ IIIJlIIlIft, wllelbez'1UCh lCpatlIlcr-!d- iI pamaDeIIt or ,,"--.1.1ba1l be lIIIII1ed to pI)'IiIcmllllllW lbiI aeo- tlcm, but IIII:h JlI)'IIIeIIl obalI be limited lOlbe period durID& wbIc:h!bedb- placal ~..- raidea in !be rrp'~ ""!"dwellbJ&. At !be lima!be ' d1ap1acod d,p ........ _ tbaldwelliD&.110 fmtberJllJllltlltlllllWlbia aocdaD obalI be,madc 10 auch peIIlIIL Far the .....~ oflbia JIBnllI1IPlt . '~'1baI1 be.JICIIDD w!Jo dcd_ fifty-oaepercaKilr_of bi& iDcome in !be fonD of sifIa from IIIiJ priVIIC)ICIIOIi or lIlY --.;~ ac:bolarablp or IlipcDd. PuII-lImc IlUdcnIIIIbaII be p1lllollled lO bedcpan- deDIs,bu1may n:buI tbIa I"go......oon II)' &~ob.m.1hIl fifty percllIIl ... mOre or their iDcame is dcdWll Iium_ CJlber!ban &ifta fnmi IIIIOlber priVIIe penaDOf ..;..,..,,;. acboIanhlpa... Ot;p-to DC:pendema reaidID& WiIh!be l'amilJofwbich tbCr'are . part abaU DOt , be atitIed lO ~J JIIIYIIlOIIl except u . part of die 1'amiIJ. .,3'- ) S- (f) Dl1lbu........L BxcIlpt wbere ~...vdol.d.Al>.. ..... !be pobIlcallityahall hawlbcOodbudt.J lD diIbDne .-;_lIIIIWlbiIaeo- liaa ill alanip _ ..-bIy.... CJlber u..aJa --.AlobI..lD'lbc db- pIKed pencm. , . "Far.. wE, _10 1be =_ _ bib ill o..~ CGde __' 72I6ll(I)(3)(A)......... (l), _ _ qaaIIfiod.. -.,. . ......n jIdorlD J-rl,l!l!l8,belIoIIb_be~"'48_JIII'idoddle)''''DOt",,- -S5,250. " ,',' ' Nom: ~ _,_ ~Hea1tIaIllllSalillJClxIe. R m ..726O(i)_-7264.n...._ - .. Calc. ' , Hmcay , I. ,.- .. I .. of" . -. (0), (0)(2), (dXl), (d)(1XA) mil (d)(2I ... .... _liIodl-l2-91;~"'II-97CRo1i*'97.No.33l- ., 2."-' 'of,' ,l"(-XI)"'(d)(I)-(d)(I)(A)IIed'~7~--"" 11-6-99(11ea11wll9.No,41~ " , ' . ' , , 16108.Prlll'8llon or P8ymerilL ,For ,die JIUIPCIIC of calcu1atlna m IIbemate paJincut under .ectioo 6098... al1lpllllZmcrd""'aina JIII)'DlIlIIllllldencotioD 6102 ...6104,lWO 01' man: indIvicIuaJ. (wbelhc:r1be)' 11I1I membaII ot llIlC r.".nJ or not) liv- ing lOJlCIberin and diapIai:cd from II aiDllc ctWeJliDashall be I1Iprdcd u llIlC peIIlIIL Where a _ ia abarin&. aingi....famlIJ dweIIiDs wilh 11II 0WIICI',.oc- CIIJlIIIIl,and paJilll1hil'OWDC:I'-<>CC\'JIII!II rent fnt!bepriviJcF, 1hil_ obaU DOl be c:ndtIed lOlIIDnl tbaD ~or!be1aMl oupplcnieaolher- willi paJllble. The _~.,......abaII DOlbe rcquirecl....abarc!be paJ- JIIOIIlID whicb be II ,entl1Ied. or accept. prarIIedlllllllllDL , , ifIs1oRy' t. ~ ~.At5-76U ..,--:_ ~, _..- ClIrocdw 11-27-76 2.~ of'''''''''''-- 6Iod 2,-16-'77 (lleallw7'7i.No,,8). 16101. Condition of Repla_nt Dwelling., ' (a) Wben adiaplacod pi:non quaJifica for arrp'-Iuluaini JlIJ- _ . JIIOIIl (UDdc:r ICCliQll 6102 or 6104) by purciIuIna ... rentiu& .11Iplacc- IIlCIIt cIwc11iD& the unit, u II &cneraI rnIc, muat be deceDt, afc lIIIla-' " ' Iar)'. There 11I1I tbtec """"PlillllL Oac II doacribed III paragraph 6040(a)(6). Tbeodien are: '" ," (I) Iflbe purcIIaIe or aucb II dwdtinc II 1benllllltofthopablicenlllJ' a failure ID, identify ,II rciuonabJe IIIIIIIber of ........-alile"""~. dwcliinp u required ...if tbc dwclJiua ia, OIIC lO which !be,~ wu l1Ifened II)' tbc pIlblicenlllJ, !be CODdltiilo ortbcdwcUiJla daea_aft'cct c1igibilitJ for a lllpl-boualrlaJlllJlllllll.' , ' . " ' (2) If !be purr:baKof aucb a dwclJiua II DOl !be I1IIl!1t or. public entI- lJ..I1Ifem1...,fallurc lO refer, tbc oIbenriae cJipbIc perIClIIquallfica for . """........... IIoaalIIa pI)'IIIllIIlif !be unit II brouabtlDtD c:omptiancc wilh tbo dcccnl, afc IUd alar)' IlaDdard.IIi lbia altuadllll JlIJIIItIItIbal1 be liinitcd to !be IlIIICUia tbIl wou1d be proY;cIed III, N..~l;"a w11h!be , purcbucoraalmilar,ComparabIcrop1-~orlhclUlllof!be 1lCIUal..... offCCl'.ip~ (includIDa I1I1atcd eooJl'"'"'ilo) 1IIIl11lbabilita- 'tiOll,w~1I1e& , , (1)) A public entitJ 1IbaII_1odnce orCllllOUlalC. diajl1aced Penon to ac:qniJe a cIwCIIIDa wbIch ..... _ aatIa(y Iho _.-bIc ,.- bouaiq IlIDdanI. (Sea 1tlCli1ll6l,108(C).) 16110. CIiltIlIc8 or Eligibility. , UJlOIIreqDe.tbyacl"oplicedbcimeowllCl..._wbohaa_,etpur- chued aid " , I;;e;, a;.v- <IweI1Ina. bat who ja oIbenriae cJiBi- ble for. ~~ ........ houaIua jle.,-.Ibe pubuc entity .....ceo""" IbaI1 C1IIlify lO IIIIJ w..~ pony, 1m"";.' ~ cwlarldlDi .....,; , !hit tbo diap1aced bomcci._..._ will be CJUsIliIC for !be ,..;"- or. apccific IlIID Ifbe pun:haal:IlIIIl <>.. I~ .dweDiaa w1ddD !be lima IimilI pracribed. .' ' 1 6112. Manuflllcturecl Homes.nc1 MObileha-' , , (.) GenciraLA mimafacIIIred home ...1"Obll- ia II dWcIJiDa. (See lIIboa:don 6008(&).) A JlOIIOII dlop1"""" from II" .~.....d bome Or _... ._ ___, ________.~.._~._.~~_..~n._.._ See- , 11de 25' Dep8..-t "'HouaIac IIIIlI c...........ol~ Dew.", \~... P...._ t6U4 , , l""liiI~hciIne mUit wilmJ'!be _e&,lblIlly .....;.n.......1IIIl1llllll be pnMded 1be......,-..... ;..........aIId ...i................. 4iI- . pl8eedfmD a .........AicJIIiII chIeIIiD&-, ' , , (b) Movi1I& &.po;/iIeI; If a ....Jwwed m- ... ~-w....- II IIIlMId to CIllIbcr II1e, !be dillp''''''' ~ IbaII be ""'~" . 'f... D>DYiDa __iDr , . ~ wiIb ~ 6O!100Dd6ll!l2.TbepnM- , 1i0lll Of. tbeK IIll:Iiom wbic:b JCIIIIlI8!IJappIJ CIIIIy tAl bu.... IIIIl fanut Iba11 aJao app1)' lOdlaplll:ed penlIIII wbo move a ~ IIomO or _~:lono-. , ' (c) Rep1---' 'HoaIIaI i'aJmeala. " (I) ,A per-. wbo OWIII a mauf'aclunod bomc...l'IOllI'ebome IIIIl aile 1IIIl.. a repIacc:nIl:Di purcbueabolb a~ ODd aile IbaIJ bepnMdod a ,.,.1~ bauaiD& peyIIil:Dl in accordaIIce wilb 1eClioIl6102. A per- ....wIID Owaa. .....mr........id m- or mobIIebome 1IIIl1ile, 1IIIl.. a ~ pl- _ bolb a dweIIiDg aad aile,1haI1 be pmvidod a paJlllC'lllIll acclIIdmi:e wiIb JeCIian 6104. (2) A peisoo wbo _ alllllllllf'ai::lUied borDe ormobilehlllllC and aile, IIIIl u a repIace_ _...pun:IIaalla a dwelliD& IIIIlIiIC, IbaIJ be po- vidod a paJJDOiu iD acconIIIIcc wiIb oection 6104. (3) A penOn wboownaaJll8DUfaclUredbamo 1Iflllobnehomeand IiIC, Article 4.L8st,. ResortHo~sing and.. a repl_ .......1...... a dwelllall and..... allle, IbaIJ be pm, vicIod a paJmeaI in accordaIIce wilb aections 6102 and 6104. Tbe paJ-I 6120. Purpaea. meal abaII be HmIted lO1be Icuc:r of: , Tbe purpOoe ,of lhia pan Is lO Iel farlb !be criIeria IIIIl pnlCllIIura for (A) '!be1lllOllllt JIOCIOIIlIlYIO pun:bue a COIIVeDlicmaJ COIIlJIllIllbIe ~ .GauriDglbat If !be IICliGB of a public eIIllIJ ","",0, "" wm reault ill clIs- PI---' -.r,. {,....d bomc IIIIl mobilobome; 1If. 'p1acemom.and c:omparabIe repl__ bouaiDa 'wiII_ be .Yallablc.. (8) 'JbO IIIlOlIIIt JIOCIOIIlIlYIO pun:bue a repIacemeDllllllll11faclUred needOd, !be public IlIIIilJ IhaII _ ill I\mda or fWIda a..&borized for !be bomeOr~(ln....o.~w1t1uecli~6102)p1ua1be_ projecllOpnmdu,cbbousbJ&.' r' - 3 lO reIlla repI.--n Iilc(ln acconIaDce witb oection 6104). In cali:uJlIIID& ibis miIounl,!be economicnont for !be Iilc IhaII be uoed ill I 6122. ,DlIIermlnllllon of NHd far Last R.aa rt Hou.ng. lien of avezaae moatbIJ remaI lO cIelermine tbo hue moiIlhIJ n:ntaI (u ' If emlbe bull of daladerived lit!IIllIIfVeJIlllll _'3"" ...........aary pioYided ill .-....."h6104(dXI)). \he requin:menlI ofoections 6li4B 1IIIl6OS2,!be public enIity II DDlIbIe " ' (4) A ponClJl wIlD owni a alII: from wIiIch bemovaalllllllUfaauJedlOclemonIttaIetbacnlllparablelep1--bousIDcwillbeavailable.. . bcime Or mobIIebomelhall be proricIed arepllCClllClll bouIinll paJIIlOIll t'eQIIRd.tIle beadofdle pabli!'.enlil)' IbaIJ dl!lermine~,1>-1O _me. 'onder eeclicm 6102lfbepurcbues a,.;p'---1Ii1e1llll1lllller oection public enlill"alillldl or !be I\mda aulborizIld 1ir1be . 10 proWIe , 6104lfbO _ a rep1- aiJe. ' ,sucb -=eoaiy repllCeIIleIIt bouaiD& or lO modify. ompendor\el1DinalC (S) A Jl"IIllII wIlD OWIII a mauf'aclunod bomc or mobrlebome wbich the pruject 1If IIIldcrtaIdDa- ' Is acqnIred aad - !be Iilc ahaII be proYided paJmeal U foII~: I 6124. DeVelopment of R8placement :t PIm1. (A) If a _.r-...d bomc or mobiIebame, .. approprIu. U IlOl (I) GcanI. ' . available !be'1IIIIODIIl reqnirecI lO purcbaoe a conventloDal rep'~ (I) Following thO delermiruIicm panaanllO 6122, !be bead of dweIIin& (lnIICCOnlance wIIh oection 6102); !be di~"'''I pabIlc enlil)' IbaII dewIop "'_lObe devdoped alC- (8) '!be - JIOCIOIIlIlY lO pun:bue a replacement IIIIIaIfaclmecl pl_bouIiD&p1anlOprnducea-lIIJDIbeI.of___.obIe~ bamo<<mobiJehome ("10 ~ w11b oecliOll6102),p1ua!be - . pI__,~. '!be plan IbaII apacIfJ bow, ~ IIIIl wbere tbo ''''''''''''''l101_ tall orrDake a downpaymenlcm an:p ...........11ilc("1O I100aIng will beproYided,howlt will be6nanced 8Dd lIIIIODIIloffnndl acccmIance with eecliem 6104); or 10 be diYer1ed 10 I1ICh bouaiD& !be plcenl wbIcb It be ft:IIIed or",,1lI (C) If be eIecU 10 nont a replacement manuflll:l1nd home or mobile' bamo aad IilC,tbe imount requin:d 10 do 10 in occ:ordance witb oecliOll 6104.IDcalc:nIaIiD& IhiI payment. !be average lIIOIIlbIylelllallball equal !be~_ror!bemanufa<:lUredbomeormobilebomephu!beac- luaheaU...!be,Iitc. " , ' (6) SimIlar principI..'aIiaD be applied lO acberP-\ble COlI'NM\l""" of 0WDCnbIp IIIIlIeIIaDC)' Upoll' wbldI' a cJaIm for paJmeal mIgIn be bued. " ' '" NO'l1!: AuIhadty dted: SecIkia,5046o.' ibIlh lilli, SafelJ Code. Rdarmoe: See- , ti....18Oll7111d 1100I, HeoIIbIllll s.fely Code. · , " ,', ": · HISTORy " . , 1:"-' '.or_"II.dllOWNcm;IiIedi-I:1,..97;IlpOIIIhe9-II~~ w97. No. 33)., 161'.." AtIeci.ci prOp.ty. , (a)ID addIlioa lD!be ~meDlIrequin:dbJ Seclion 7262ofdle,Acl (lOt' oectiOJu 6090, 6092,li094,f!096, 60981111l61oo). ..aCOllofaapliallioa, " die pubIlc enlilJ abaD iaaIre . PaJinem 10 lIlY affeCtedJl'1lPerty owner . ~!be"'l..b..-oflblsaectioa. ' ' ',.,: ,: (II). Snc:I\ affected properlJ is i.....-..,~'J conliJllOUlIO propC:Ity ac- qUired for lIiIJIlIIl plUpOIeI and die owner IbaII bne'OWlled!be ..."""'" aIfecied bJacQulaItIcm 1I)'!be public enlill' not lea Iban 180 daylptior to !be inilialion of ....lIIlalion tor acqulailion of!be aaprinxI ","";"t). , ' , (c) Such p8)'IIIeIIl. _ lO ..lIc_lIm.... 111 ~... cIoIIan ($22.5llO), Iballbetbe-.lflllY. willcbecplllla Ibi:IClIII\ dDcItaioin 1beflir..-- , bt Y8I1Ieof!be,pqicnyof1be 1dfeclDd JlI'llPCII1_caaiaedby!be. guiaIlIaa 1I)'!be pabIlc eadlJ fw IIiIpcJIt ....;~ Gf' ~ pIllpIJIt)' IIIIl achqe in !be _ofauch pIllpIJIt)'. ' (II) Tbe --. If RIIJ. of acIDaI docIIne III r.ir' feaed JIRIIllIlY IbaII be ,"-...b..d oMlUoda.a ID adupICd by !be pabIlc llIIIIlJ. Sucb ndeo IIIIl mall DDdcir 1bIa ICII:lioIl CIIIIy lO auch .;j,.~"......ltf , ill Infairllllllloil.......ofaffeCted~III\".. oohly pbJIicaI cIIqe In !be _of acqnIred~. (e) "AlfecledpmpellJ" _ &II)' real pIlpOI1y' c:IineI in fair marbt nine becaaoOof "'"l"'.lIkn by publlc*ofOlberreal~lIIIlac:bqeilllbc ll' acquired lI)'!bepubllc enlill'. " " ' HisToaY' , " I. ~n .I._..f....... 1i-lIlc) fiIDd 10-7-99: ......:."I~ (ItqIoler99. ~m '~ ' , 10 !be IluniIieI and iDdividuall to be dIopI...... !be ................ for houaInll managemenl and IOCiaI oeniceI .., ' !be milabi1ilJ of !be Icxaion and environrDmtaI ~ of !be ~ !be ................. for ...01...01011'1 .... IioveIa for !be P"!icms lO be I~ and die diipoaItIoa of poceedo froJD aaIe, or raaIc of aucb bouoing.lf a ..r......dIlm requiremenlcr p-u an ob- aracIc, tile Iuue IhaII be IIddraaed. ' (2) All cOouacu 1IIIllUb..v.di...AlI for !be rebablIitIIiOll Or ....n~. m ... ofluu.."rt bnIliina IbIII be let diIcrimIrIIllOll U lO nco:, ICII, inaiIta1..... cnIor. rdIpoa, , odpiI. aDCeIlIy'" Olber IIbilIary c:ira>~ IIIIl panaanllD m ' aclilII po- pam. 'Ibe pabIic. eIIllIJ IbaIJ ~'padici bJ IIIinaIill' per- ~ III a111e>e11 of ClIIIiIlnIClIGa IllbabIIiIaiGa, fl~." '..1IIIl -.....- oflall_~ WheD lI\e wDI be locaied ill ' an __ of IIIinoril)' ...........,.;m; !be pabIk: llDIilJ aeeklO aecme 'li&DIficImpaniclpalillllof~"'-"'1II ~ aCai 'ibepublicenli- ll'1baII~_lO!be"-_~'''I'I''''lModlieafwlrlin- inc and cmp!lIJDICIIllriIiDa III ~ WiIh die p10nnhti CODIIr\IC- ,lion, ~ IIIIl operaIian of 1iIIl_ ~ be amn 10 penoIia oflow Income taidID& ill die I!ta of auc:h bouaiD& IIIIlIbaIJ do- 1a1DIDe IIIIllmplemeatmeaaa lO -edle ~ of amaII buaI. _in!beJl<<L.........ci_forauch 'Work. 6'U' ='" L_"" ' 16126 BARCLAYS CALIFORNIA CODE OFUGllLATIONS ntIe 25 (b)a=.J>ap;..;p..v. , , , (1) Yfdle .- far_.- hoaaiu& cxc:eodI2S IIIliIl, tbe bead of1be diaplaclDa pabIic ~ IIhaII eatabIiab a~_ wbich wII1lX1111111t with IIIIlpiMde ad\'ice 1IIIl-";-lD dletH~pabJic eadtyln tbe c1n~_ of !be pIaa. The {........lu..... IhaaJd lDcIade "I'P""'-" .......~_ f1l !be diapIaI:lDa m1Ity IIIIl .. arid local .... ;..." bowl. ~ L'Jr RpI1IiDa bouaIDa In !be -. iDcIudius, bat 1IlIl1iDdted ,lD the local houaID& alllbarltylllll1lle ceaIIII Jelaimem 8FDCY.1f IIIIJ. In ~ tbe-~ 1bauJd1Dclade........-LalI_ oflllberllJllllO- ' prilIIe public p:IlIIpI (for~.....,...localllDll..~..ide,p1anubia .............) me! pri_ poupa tDowl~"1c m...dbla bouIiD& aIid !be pI1lbJcmI of hauIiDa "'''''-'''-, . ' , " '. " (2) The ...,.,m-lbaIIlDclude .~......wi_ of !be JeIideIIIa lD be diSplaced. 1beoe .....-..ui-1iIaJ be "PP"'...... b)' tbo iii""'''' a>- dty oreleclad b)'tbe,.,.l- ",!beJelidalb wiIb. ReoideIIl......_ dvea abaIl, .aDiiDlmum, COJIIli1ule ODHbInIofdle c:ommItteemembc:r. ahip. V..... abaIl be aUClCIIICd 10, Ibat !be IDIal YOIeI of taldOm .~",___1baJ1 equallllle-halfofthe IIlllIl VOlea of the commI1Iec membenbIp.' , (3) The plan muat be approved b)'!be WI<: of a simple mojorilJ of the commillee membenblp. In !be _ !be commillee f1d1a to approve the plan, !be loc;aIaovemiD& bocIJ or, where the di'f'liclna ent!lJ ia allale 1lJeIIC)', the bead of !be __ ai-Y may II1batItule ita 1ppiovaJ. " (e) ('.......1'lOI0I1 wiIb OIbl:iHouaiDa AJeucI.. and Orpnizatioaa. Tbe bead of!be diaplaciDg pu1lIic: end\)' may caniuJt or COIIII'ICl wiIb the departmeDt, a local bouaing 1IIIlborilJ, orolberlJCllCJ or~"'II'l11 ' havina expC1ialce in th.1llID1iniIIntio Dr CODcIui:t ofhousina pro,..- 10 provide ....lmic:al "';11"""" and advice III the dewlopment of !be re- I"- ' '''''''houaina plan. ' ' , . f 612&. Submlulon of Plan for ComIUllL Tbe bead of !be iIiIplacina public end\)' abaII ",bmit !be plan and aD "Ii~ un lIr1n:..~t.1O the local bousiD& iDd p1aDnina -.&eaxiea far commeallllll to usure tbat tbo plao oa:urateIy IdIeclI hOuJin&coadI. , do';' IIIIl acedI in tbo xelcicaliOlllRlL RcviewiIIJ 'tJ"""l.. abaII have 30 caiendar dltya followiDa sec:eipl of !be plan lOpiepIIIe 1bc:ir CClI1lI11eaII. CopiCa ofaD eom....lllueceiived abaD be forwarcleci lO!be conliniuce arid avllilable lD aIIinlereated ponOu. , ' 0aienJ notice of!be plan abaIl be provided. Nocic:e IbaII be dealjpJed lO readllbe JCaiclenta of the reJOCIIiOIl area; It abaII be in ICClII'daI1ce wiIb the prvvIaiOlll of poraaraph 6046(a)(3) aIid IlIboec1ion fi046(b); arid It ob8JI be provIded30 dltya prior 10 mbmillion lO!be committee. or !be 10- c:aI aovemin& bocIy or bead of ue qency for approval. , NOIE: AIIIborIty cilOd:, JecIioa 504<<l. JleoIthIllld Sofet)' Code. Rcfaeac:c: Sa:- dOlll 72liCU(0)(5) IIIId 7264.5, 0.._--" Code. ' , , 'H/mlRy" , ' I."'~' lor_~oDd_N011!filed8-12-97;opllIlOhe9-11-97 ~V7,No.33). ,','" ' 1612&. DlIIermllllllion byDlapI.clng PubUc EntIty of '.......fty.nd,Compl~ ' Uponrecei]t~ CIII1IideiIIIOIIoflliecom""",", the dlap1acingpublic, end\)' abaIl <ItA>....... wbeIIIoir or DOl: ' , (8) The plan ia feaaiIJIc;' , , (b) 1be pIar1 ~_.~.u.s wiIb appIicIbIe eD\'h(-..._...11lII1idorda lIII!I ,JII~'" ,', , ',,' , (c) 1be)ilaa II compadbIe with !be Ioca1 aeneraI plan lI1Id hoItaina eIe- - and tbe areawide bousiIl& pIID orllnl\el)'. ' , , If lIlY of !be aboYedelt.minCOIlI b)' tbe,dIapIaciD&' public eIllity ia negalive !be cIiapIacIDa pubJlc ellIIty abaII revile !be plan u .-ary. 8U_0I !IIOdific:iIIoD III \be pIID m.n be IUbmitIlld for mi_1IIIl 00...,.-. .. provided iDaec:doa 6126. re.... fry for timely in\r"""""" Ialion of!be plan or executI... of !be prqjeCt, die bead of tbe diapIacIna ,public endty ~ aboncn !bebaDowedin 1llCIloa6126 tm.~cIf 181_ Implemenlllllon of the Raplao.m.m HOualna PIIn. ' Upoa makinatbe .... ...i~I;.... refluboil bJ' IOclIaa 6128, the bead 'of !be .HopI.... enIll)' .-y. elIplIlld ftmdIlIIIl.....1lJCb ,lllber ICliOIlI .. '1Il!CeIIaIylDpIOYide,~ or....."""""" . ......JIIII'. IlIIIIl lO dle"l't"unodl"4l'~ bouaIng)ilaa1llltlilP 1lI<<bod1 iDcIud- in& bat _1ImIIIld lO !be faI1ciwlna: " ' , ' (8) TIuIrer of fimd.lD ue IIIIlIocil baaaiaa .......... . (b) Ccmtnct wlthorpaizltiODa ezperillllced,lIi dle ~ of ~, ' (e) Direct llOIIIlIIlItlicm b)'dilplaiciDllI'lIb1ic ellIIty. ' '~practlcabIe, tbebead of !be dlaplacbicpllbllc m1Ity IbOuId udIize dle ........' of fedenI, -. crloi:a1baua1na ............. or otber qenclea baYina ezperieDCe III !be IIImiuiatraIili or conduct of IimiIar bouIiD& Jlj~- , ' , 16132. ,H0u8lng Pi'odllCtlon. ,: The bead of !be c!;op1...... JIIIbIic m1Ity abaIIllIOIIi1&ir!be pmd\I!:ljOll oftbo Iaat reoort houaina lO llDIUre tbat it II in acconIIacewitb tbo plan. 16134. Jointly Sponaored DeftI~ Where severaJ qenciea are .mn;ni..'lriD& .........; reiu1dug in JCai. dentIaJ diarl~. OpportuDiliea abaII be"'" forjoint dndopmem arid fmanclng 101IJI1'egllIe "*""- in cinIer_cimcleady 10 provide ~ hoUaiuain IlIffic:ieillquautltylOlIIiafy IIle aarepleaeeds of- '" '" '" ..... JlIo,.._. " " f 6136. ',l.8at RalIortH_lngIn LIeu of Payme... A piJbJlcemity aballuotl'eljuireadlaplaceclpincalD .....dweIIina , provided ~ lO lbia AnIclellllien of!bedllplaced pelDI'a icquiIi. , don \l8JDICU, If lIlY, for !be real JlIUPIlIl)" from wbIcb he ia dloplacedor the xeloca1ion)ll)'menta forWblcb be IiIaJ ~,eBilbJe. ' I 6138. Conformfty wltlllhe Act 8nd OIhiIrStallulM, , PoIlclea ~ "-dlinla. " ., '" (.) C1vlJRi.... ondOtber Acti. The idDiiDiatntloa oflbiaAniele aball be in 0lX:llId wi1Ii !be proViaiom of aDappJicable federaI.iDd __ non- ditcrimiIIIdon Ian ond ......IOtl_lIIIIOd punuat tbentD. , (b) DY,<eIiina aDd RcIocaIioa SimdanIL ~..J. ..1_ DIIlIIe JIIII'- 'S1lIIIIlIO-'0II6122 Uld III)'pllDdeveIopedlllll'lmp1""--l far pro- vidina ,.,,1- bouaina and all ,aucb bouIiD& ,JI'C"IdOd tbereamder ahaII be, in 'coofonuIty. with !be 1IaDdInIa-.... in the Act and OuidellDia. ,,',' " ' NOTE: Allharltycllal: _ 504<<l._IIIId'Saf<<yCocle.Waence: Sa:- Ii... 72liO.S(cX4), 00\__ c..ic. " , , ' " , 'lIIsToaY',' ' , " I. ~-'....... or_ (I) ondllCWNcnE IiIed 1-12-97; ~ 9-11-97 (Iea*r\l7, No. 33). ,161. Lut RUort HotlBlng. ' (a) Wbenevu-';"'4bIe~tdwelllDpare_avIIlab1e,or are uot ~ Within the mouetary IImIta ofClc>_;.....dt Code__ dcma 7263 IIIIl 7264, .. app.ropriaIe, tbo cIIapIacIDa IllI"IIC)' IbaII pnt\'ide ~1 or a1lem1111veaul..-- ",*!be lJIO'laIc-oflbia pert. (b) The melboda of proYidina 1"4"-"'-' booaIna: of Iut .- in, elude;. bat are 1IlIl Hinilm to: (I) A"'P'-...n( bousiIl&paJ1ileat ...1.........1u Iccon:tauce with !be proviaiaaa rL ailcdaaa 6102... 6104. .. 'lIPPr!lPriIle, ~ If,tbe c:alca1a- IIoa ia 11I_ of the -J 1lml1a of 0..';'. '_ftt CQdD oectiOlll , 7263 Uld 7264. A 1eIIiaJ,;,..;........~ IIIIdcrIbia JIIrl abaII be pmd , lO!be ""ipI- plncm In a lump 1IIIIi,... attbecllac=don uftbe dlap1ac, Ina aieocJ. $5,250 abaII be pald'lO die dlOpl_ JllII'ICIII III illump IlIID UJIOII dlopl........... 8ad !be...ljoal.......ofd.: JIIl.)-....un be paid lO!be , dilpl-III perlodlcpaJmealao.erapedodllOllDelceed42 DIllIIlba1lll- IeIa Olbor~iaur" ill.... by --. " ' ," ,', ' ,(2)MoJc!rreblbllltadonoflllllloraddidOllllD.....n....,,,,,._ I ClweJHna iii UII1D equallDar..- tblIIl1lle pe,dIellt iii Yddcb !be III': p1aceid peitoa k ead11ed "'*~ (bXIl- ., .',,' ' , (3)Thec:oaatnlCliouof._"'P'-,cIweIIIa& lIIalllmeqU.l,lO ...~tbantbe1ia_lDwbIcb!be"""'--'''''''''iI''"liiIM1III'.3 , . . 'I1tJe 2S Departmart lilHousiD.1IDII c.............l)- ne..J--4 PrOcr- I 6lS8 iIa """--'''"'''- ad dle buia tb......... If"; fa:Ia Ibat !be ................ - ...,-zlDa tilepar.-oftbecloim..._ofIbeBllllq'.__ 1I8IiOII_1mxiaect ...iDadeq_ 'lbe JIlIbIlc CIIIIty abaD poride ouch , ID "'lpI- lO tbe .....,.10';_ wIIIIiD line weilb ofl.. ftCdptofbla ....... (It)1afOnaoI0taI Pn:oeubllca. A~.....I'" '1IIaJ 1aJIBl1D~- mal ani pi ~ d..iooa before IllekIDg fonaaI mIew IIIIlIeCCllllidcnlic AzapalfirlD lDformaI ani... 1.'Io.'IllbaJ1befilcd wllbiD lbepaiocl dcocrihc:d in ~ (d) oflbislOClioD, ad wl1bin IS days oftbo Ie- ~ ,tbepublic eudl)' oball aft'anI tbe .. I~ t .1 the ........lwd.1 lO make ouch pIaCIlWiClll. The """lI'lol- IIIaJ be .............Illd by ID 11- lDnIeJ ...Olberpenoaofbio .hnnol, This oral ~obaI1 eubl_ !be .........--10 cIltcua!be claim with !be lad of the public endl)' m . deoipoe (Olber dum !be penou wbo .... !be inldal delermIDaIioa) bavilll au1boril)' 10 revi.. the inllial deIamIaIIion em !be claim. The pub- lic; eadl)' 1bID1IIIke.1IUIIIJDaIY of !be -... cJI- III ~ in !be oral pie- IeIIIIIion 10 be includedu pon ofila me. 'lberllibt lO forma1 teview ad 't 81&0.' PurpoM. =<IIIIiclerlliOllIball DOl be condi1ioaed 1IpOII.e.q~ ID oral preoeu- , . '/'n.. JlUIJIOIe of lhiunicle is 10 oel fonh pideliDeo for JIIIICOIIin& lip- laIiou. ' , peal. from public eudl)' determinatious U lO elilJ'blliI)',!be aDIlIIIIII of (c) Wrlllell Request for RlMew ad Recansideralion. At 811)' lime "',. paymeali IDd forproccllilijappeaJsfmmperlOlll agrievedbya"public wilhiD 1he period described in IUbIecdoa (d) a comp1ainaDt may file. emIt)". failarelO refer lbem 10 ~~......we pc:IIIWlCIIt or adequaae tem- wrlllell rcqueat fm rormal review IIIIllCl:Olllidentlcm. The .......,1.;".... '?,_, porary replacement housing. Public endIieo obalI esJabIiah JlI1ICClIuIes lO maJ iDclude in tbe JCqUeIt r... Ieliew 111I)' -- of fact wilhID !be '.............' tbepnMaiolII of,lbis Anicle.' compIainIDt'.laIowledge or belief or OlberDllllerla1 which IIIaJ have. , beariDa mdle appeaL If !be ciomp'-'- requeaIa more lime lO ptber 111152.' Right of RevieW. ,ad ~ addItioaaI maIerial for CllDIidetatioII orrevicw and demoo- (I) Any comp1olDant, Ibat it imJ penon who believea himIeif ac- IlJ'IIIeI a JeUOIIlIble buio ihen:foc,!be """'I'lol......,. requeat aboa1cI be grieved by. deIcmIinalitmulO e\isI'blliI)', !be IIIIIDIIIIt ofJllYlllClll,!be panICd. " faIhm: of the public emil)' lO proYide comporabIe penDa1IeIIt ond_que (d) 1ime Limit for Requealiq Review. A cOmp\amam desiriDc e1tbcr """",,,-z replacement hauJIDa or !be public emIt)". pmperl)' IIIIDlIp- ID informal ani preoenwiOllm ~.forma1 nYlewlllld.................. mau practia:. 1IIaJ;,1l hi. elOclioa, have hi. claim reviewed aud _, lion abaJ\ malce. request 10 tbe pliblic eudl)'-lIritbin -\PI...., 11JODIbalo\- , sidcrc:d by ibe head of the publicenlil)' mID autbilrlzed desillD"C (Olber lowing !be date be moves from !be pmperl)' mthe dale be teeelves fiDal . tbim !bepenonwbomlide!be deIerminaticm inquealion) III acaJRIancecompeooalion fortbeJllOllCllY, whicbeYe<it lILCr" , with tbo pmcedures oel ronh io this arIicle, U ouppIemeuted bythepmco. . dmei tile public enli1J aball estabIiJb for luch review and T.'.'...M...... t 8158. Fonn~ RevIew and ReconaIdermlon by the Public lion. " , Entity, (It) A perxin or OIJanization dbecllJ affecled by Ibe relocatiOll plim (.)Gencral. ThOpublicemil)'abalICOIiIIdlirtbelelJlalf...reviewlllll Iila)'peliliontbodepanmeDt 10 reYiew!be fiDal relocation plllllof a public, abalI decide wbetber. modIficatim ofila IDiIlaI deIermiDation it DeCCa- enlil)' 10 deIermlDe Iftbeplan 10 in """'PH....... wllh atate lawa IDII pide_ 1IlI'J, :na.review IbaJ1 be ............."" IiJ !be bead of !be publiC emiJy m 1iDes....n;.wtbeimplementalionof.relocali...pllllllOdc:Ienoioolf!be ' an autborlied, imponial deai...... (TbedMir-lllaJbe io .........1"..,). public eudtj iaocliug in complillllCC wllh its relocalion p\aD. Review IID- A deoipoe IhaIl baY_the lIIlboril)' 10 re'Iiae die initial cIelermiuatiCII or cIOrtakeD bylbedc:par\mOot Ullderlbis aeclion abalI beio IICCllIdancewlth ' !be determiDation of. I=Yioua QIII\ ~ ThO publicenlil)' obaI1, theprovisiooaofaecliooa6lsBandlllaJbeinfOl1lllll.BefmeCOOduclioS c:onaider every assrieved penon"lY>n1pIolnt reprcI\as offomt, ad 11II iovealiplion, tbo depanment lbould altempt 10 COIIIII1Iin dispulel be- aba1J, if IIC!llOiamy pn>Yide wil1lDCe 10 !be claimant in pn:parina !be tween ponieL wri1Ien claim. When. claimant aeeb review, tbe public emit)' ahall in-' Failure IOpetilion the depanmen11baJ1 DOt limit a complaioaot'. r\sht form him 1hathe bu therlsbtlO be..........dodby ID alIOnIl:J, lOJRIeDl lO oeekjudicialreview. ' ' , "hi. cue bJ ani or ......""<<'taf>' evidence, lO submit rebu1taI evideaco, (c) If a relocation appcala board bu been establisbed pIImIaIIt lD See- lD conduct ouch CIOlI-GlIIDioation U IIIaJ be required for. fWI and tnJe lion 33417':; of the Heahh ad Safcl)'CocIe, .cil)' by onlinanco "'- dea- diJcloIUre ofr.:.., ad lD,oeekjudiclal miew once be baa ~h_,"'" ad. ipale tbe board lO bearappeala from local public entities .."';-d., _ mioIolnaive appeal. , haYCID appeal JlIOlZllI.In!be absence ofoucb ID onIioance,publlc emi- (It) Scope of Review. 'lbepublic emlt)'lhaIlreview lIIIl,.....old...iIa , lies obaI1 eallblloh procedurea 10 implement the provisioaa oftbil Article. ' initial delcrminatiem of !be clmm....'. cue io liFt of: NOI'E: AlIIhoriI)' ci1ocI: s.Caioa S046O, _ ad SofcI7 Cade. Refa=ce: See- ,(I) AD IIUIIerial upon wblcb tbo pobIIc....,. baed its orisioaJ deu:r- Iiao '/266, Oo._.......d Cade. ' , ,mioaIionlnciudiosallapplicablerul..lIIIllCI',lootlOlll.except1hatIlOOV' '" HIsToRy ideuce abaJ\ be relied upon when:. claimant ba been 1n"."'1""IJ denied i..'m~ '",--., ofouboeClilll(b) ad new Nl7lEfiIed B-12-97;opeIlIIiIoe9-11-97 lIII opponunity lO _ the mdence ...cro.. -.......... tbo wiIneu. (Rqialor 97, No. 33). , , ' (2)ThemllOOlsival by!be':'ol_fDrRllJ.-Iu& review and........ 18154., Notification to Complall1llnt. aidendion of !be claim. . IfthepublicCll\ilyclC$SmrefuaealOCOtIliclcr.cllim,!bepubliceud_ '(3)AnJ addilioaal wrlIICnorrelevantdor>.n_. ;r.a.yllllllaial onhnri""'<J 1)". DOIificaliC!!l, ill tbe dJpp1oln.... of Its detetmioation aball Inform tbe by !be ~Jol_ . comp\aioodrofjlirWonallllldleappllcableproc:edwtlrmobtalniogle- ' (4) AnJ funberinformatlon which !be public enli1J in iIa diacrellon, . view of the dOciaion.lfnec:euaty, IlJCb noIificalioo abaJ\ be priollld io. = bytbe: ioveslipliOll, or reoeM:b.lD -..no fair and fun Ie- IIIIIlP'8llC ather dum EnsHah, io accordance with oecIion 6046. ' t ,(c) DeIermiomion em Review by Poblic EDIity. 16156. Stagea of Review by a Public EntIty. (I) Thedelcrmioa1ioamremwby dlepnblic entil)'abalIioclude,but (I) Req1at for Further Wriltelllofonoalion. A c:o.mpIainant IIIaJ Ie- is _limited lO: ' queat !be public emit)' 10 JIOVide him with . full wrlllell exp\anaIion of 3-: 1~ ~ ~I)'~ decIoion On ..w.,...... nIiOn of !be clllim. (4) TJae relocBtion aod. jfDalellal)', nibobmwiOll of. dwdJias. , (5)The .....""- ofhmd -.",p........... dwelliua bJthediIpIaC.. '. =:: z ~ IUbaequcDI aa\e ...1_.... ......-... with. displaced , (6)f/arJlUlPCllClofacro...... t d..,theaoedaafht,..Ii. ~pa1ClIII, , !be JeIOOYalofbmiora'lD the ""w1.,~ d , (c) 0alJ at !be dianticm of, dilJllacinl accncies lie pull ocq.n.;tiOn IenlIIIb eaIi1Icd lO IlIIt - bouIi1Ia paJIIIenIL . . Nare: AaIhari1J died: Scc:lioo 504liQ, HooI1h ad SofcI7 Cade. Rer......., See-' lions 7263, '/264 sad '/264.s. 00._-,,- CoJIe,' ' , . ..r HIsToIY. 1. ___ fiIod B-:I:t-97: .....oOIi....9-11-97 (RqialorV7, No. 33). :z. ~':~ "", ' t 0( M''--'''- (It)(I) filed 10-7-49; --"" 11-6-99 (Rqi.- 119, No. 41). ' ' ..~ Article 5. Grievance Procedures 16160 BAllCLAYS CALIFORNIA CODE OF REGULATIONS 'l1tIe 2S (B) '!be fa:IuaJ aDd 1ep1liuia UJIllII wbIc:b tbe decIsiCIIl-. iDcIDd- iJI& 8II11""~ ~'-"-<<...... (C), A .............to the 14m.-.. of the risbl lD fmtber admiDlIIndIw appoaI, if !be pubHc aaity boa 1lJCh.. oppeaJ ............. ...if.... a__ .-lD the dllimimt 1bIl odnoInl""1llive raaediea have '-' -....,..... IIIIlI jadIclaI review IIIlI7 be aoU,bt. (2) The dett:rmiDaIioa ahaU be in wrilin& wilha cop)' pmWIed lO die c1am.m. " (d) "1"..... LimIlL, (I) '!be public: anity IbaI1 iuuc ill dettlrmiDaIion ofreolew UIllOD.. J>C*l"ble MIlO IaIer IbaIl 6 weeb from JeCeipt of the !all maIeriaIllIl>- mlIIedforCOlllidc:ntioa bytbo daiDlullordle daleoftbe beliriu& wbich- ~i.laIet. ' (2) In tbe c:aae of complpin.. c1iamluod rornnti"",.n....u ...forllll)' otb- ...._ _ baaed im1be....nu of the claim, !be pubHc entitylball fur. nbll a wri1lal....-to!bedllimlDtllllllDgtbe_f...lbedilmia- " aI oftbe cilum 11100II.. pouible bul DO laletlban 2 weeb from seceipl , of !he Jut Jlllllai81lUbmiued by tbe claimant or die dale of 1bo beariIl8. whicbever illaIet. ' 16110. R8hiu'a1o WIIIYe Time Umltation. Wbene_ a public entity rcjccIIa ~ by a daillllllll f\Jr a waiva- oftbe dme Iimi.. pmvidc:d In acclion fi088,' a c1aimantmaJ file a wri1IaI req....t f...moicw Or1lillclocilion ill _~ with !he Jllocedlolgt let forth in 1OCIioDI61S61111l61~. except dIIIllUCb wri1lal RqIJOIlforre- view ahaU be filed within 9OdaJ8 orthe claimant'. n:ceIptoflbe public eutil)". deu:rminalioa. I 6112. ExlllMllon of Time UmllL The lime limIu lpCCified ill Secliou 6156 may be exlellded for good C8IIIe bJ Ibe public emity. ' 16164. Recommendation. bYThln:lPllrty. , Upon ljpeemeDlbetWeea tbo"I.....- and tbc pabllcc:alltJ,amullllll- 1)' .~elhlrdJl8'lY or parties IIIIJreview!be claim and makeadvi- sory ~ODI tbereon to Ihe bead oftbe public:entityrorill fiDal cIelemiinadoa. In r=viewia& Ibe claim IIIIl maIdD& ."""'...,.....vIotioxJa lO the pubHc OIIdtY. tbc: lhinlpatt)' orpaniea IIiaU be guided by dleprovi. ' AODI af1bia AnicIe. Bxc:ept III tbe cxtcDllhe CODficlcu1iality of maJaial il pmlIlCIcd bi 1&w or,ill diICIome iI pn>bIblled by law, a publlc ODIity .baIl permit tbe c:laimaat lO inspect all filea aDd RlCOIIIa bearing I1pOII hi. i:Iaim or die JlI~"1lon oflhe claimant'. grievaDce.lfar.brim.... iJ iwtoap..,lyde- nied _ lOlDY teleYl1ll malaial bearIDa 0II1he dalm, IUCb IIl1IIeriaI IDa)' DOl be relied upoa ill reviewiu& tbe laldal delermiaaIioa. oI 6166. Review of F11u bY a.Jment. Bxc:ept lO tbe _the CODfidODlialitJ of maJaial i. pmlIlCIcd by law, , or ill dildol= is pmla'biled by law, a public c:IIIity ahaU permit the c1aillllllllD iIIIpOCl all filellIIIllelXllda 1ariDi IIJIllIl bIa claim ... the prlIIllCIItiDa of die cIalmIiIl'. p._ It' a -- iI n....UjA'liJ d0- llied _lD lIlY JdenatJllllerial beariDelBl the dlim.llldlmaIeliaI may - be.- upaa in micwiuc the 1Didal.... I .10. 16168. - EtIlIcl of Delllrmlndon on 0It.- Pe.-. The priDclpIa _.!.IIoIwI in all cIeIeImIIIIIlGa by. pubHcCDllty IbaIl be COIIIidend .. precedeat for all eliiibIe ponoaa in IimIIa' almatiCllU Iep!dl_ of wbetber or not a Per- ... filed . wrias nqueat f... re- view. AD wDIIm deJamiaaJioaa abaII be bpt lIII file IIDd awIIable for public review. - 16170, Right to CouIML ' Any qgrievcd JlIIIY ... a riJbt to .~... - ..,Inn by Iepl ilr ather COUIIIC! at hil""'JlOlllC at 811)' and all .... of Ibe ... 0 C ill'~'''P let forth in tbeIe """".... .' 16172. Slay of ~ment PendlngRftlew, If a compIai_1COb 10 peveIIl di"l'l~ ... the public emity man notmpdre tbo compIainaDtlllmove UIIIII atleut20dayaafta'itbu made a dclcnaiDation and die lXlIIlJlllliDant bu bad III uwvotu.dlJ lO seekjucli. ciaI review. In all..... ~ public ODIity abaIJ. Dl1liIY tile, compllliDant in writing 20 daJ. prior lD lbe ..u...-d IICW dale of diSpI- 16174, Joint Complal..nta. Wbc::re more than 011: peIIOIl i. agpievecI by tbe faIIun: of the public entity lD rcr... them III cmaparabIe 1-........,4 or adequaIc """parary re- p1l1CCD1C11t bousIag the CODlI'l.........1111Y join in flIID& . IiDIk wD1IaI , , leqUeIl forreolew. A delOrmiuatIoa allallbe made by~public ODIilJ for ' Cacb.afthe~..pIIIi1IaBU.' , 16178. Judicial Ravn. Notbina in Ibia AnicIe IbaIIIII lIlY W8J preclude ClI' Hmila ,,1"m.... from IeekingjDdicial review ofaclaim uponcxbaiJl1icm of iuch admini.. ttalive r=aIiea II are riaiIaI>Ie U1lder Ibia AnIcIe. , Article 6. Acquisition Policies 16111I\. p~ ' The purplIIe of lhia ArtIcleiJ III let fotth tbe practic:ea III be followed with teapeCllil acquiIillon ofreall"......nJ bY a publlcClltilJ. Public CI!ti- ti.. ahaU. to die gnoaJeItexlODt practicable, be pided bJ tbeIe practices., 16112. Acqulalllon.' , (a) A public emiIy IhaI1 make ever)' rea......i.1. cffonto acquire prop- ctty by acgotiaJillllJmd lD do 10 ~a1y. (b) Bcfcm DCgOtilliCllU arc iDitia1el;I (_ auboccIioD 6OOll(Il)) a public catity abalI: l'I1Io__ilm.), 3-'7-; I TItJe 25 Departmeut ofHODSbIc ad COIIIIDDDity ~ PrOp_ I61U (I)H....lhc JX1lPOIl)' oppniood,Jiviq Ihe_...bia......-""Ii... ~eoipaIed in wri1in& aD "I'I""1ludl" b)' RalllIIblud_ wrllIm_ . to _pili)' !be IpJI'lIi.- diIrio& Ihe inIpeai.u of die ..._11, . , (2) Iflbe _of.. i-".,..l, iaallodle _of a baIi-. CllIl- , duclalon~laIpropatylD beaoquiJacl......tbc,......m.l-,inbmhim ofIiio poodblcriptlO"""'~ferlcllofpochrilL Thepablicemi- t)' oboaJd incJade a COPJ of!be ,,",1i-4 ""....... of1be EminaIl D0- main Law (Code ofcmJ PR.c..Il..g Socliaaa 1230.o10d MI.). (3) &1abliab an _ II bcIie1a lO be jail ........ 'ioa fer 1be pl'OJJCI't)'. wbich_ oboll, in 110-' be_ Ihau Ihe pabliceality'. IIJlP"IWd IpJniIII oflbe fair IIIaIbt vaIuc ofdle JlIllPlIIlY u,il;.,..u.ed. (e) The cIclarmiDaI;co of jolt ............-lion ibaD be buod IIpCII CllIl- IIidon1ioD of: (I) The reaJ pnlpCI't)' bein& ......,L..d, , (2) Whore lber.oJ pIOpCIty lICCpIimIiI pBltof........pon::oI, Ibe. I)',Jfany,totbe:. . _t.~ad (3) Loa of goodWill. where die owner oftbe reaJ popcrty ia a!Io 1be 0WII0r of .bUlincu COIICIaclecI upon lbC JlIllPlIIlYlO be acqund aron1be rouWndcrancl wb= lhcpovilionlcftbeEmiDcnlDomainLawpcrlalD- iD& to c:ompouoaIion for IcII of goodwiIJ..., alil6ocl.OoodwiII COIIIiIbI oflbc beDofilllballlCa1lC to . buaincu u.remIt ofilllocaticn, n:pata- liou fer depeDdahi1ity. tiJ or quaIiIy,and any other c:i=_DCeI Ie- IIIhins in piobabIc mcDlioo of old ar acquWliou of..... paIroIlI&c. (d) & 1OOIl81 poIIiblo aila' Ibe _ cfjullco.np..".moa iI...... Iilbed.tbe public eolit)' IIIoIl ok to acquire 1hc pn1pCrty fer die fuD 'amounllO .....hl;.\..! and .ba11 povide 1hc _ with a wrllIm _ JIlCDl of die bail fur d.....,,;...600 cfjull compcmolica. The -......al IbIIJ iDcIucIc Ibe foJk>wiua: , (I) A JCIlCl1l! IIaIcmcDl oftbe public DleforwhiclUbe-PJOPClt)' iI to" be acquind. ' (2) A dcacriptiOll oftbelocalioa and Clllc1ll oflbC proport)'to be takaJ. . wi~cnl dclaiJfur ICUOJlIbIc iclenlificalion,and tbo ~ Ie be ~(3) All in_toty idcnlifJinB 1hc buildinc.. _,IixIurCl. and , otheri.4jl"'_' (4) It. =iIIl of tbe UIIOWlI of !be offer and . 'lalcmcallhallUCb amount (A) IIIbc full _lbelieved bylbe public eolit)' to bcjllllC>~"" .... liou for die popcrty taIoou; (B) II DC( Iou ,than 1hc approved appraiJal of Ibe ,fair mad<et ftIue of 1be properly u w".u.ed; , (C) DillCBanuany iIoQcucor~in !befairlllllkcl ftlueoflbC JCaI property to be acqUired Jlric!r to 1be,dalc of vllD8lioo CIIIICd by die ' publicimprmcmcnlfarwl1icbthopmpcrlyilto be acqund ranuc:h pu'" Iic ;"""u.""""'l, other than dw due to ph)'lical dctcricnlion within tbc rcuonablc 00Illm1 of the ""'* ar oc..upoUll, and, (D)DooI DOlJdleclanJ CODIidcniiOll of orllllowancc far anyrcJoca. liouauil1lncc and pa)'lDOllllll'othcrbencfill wbich IbeClWllCl'ia cntilIed to rcccive WlIIcr an asrum<Dl with Ibe public CIIlit)', c:xccpl f... an lUIIllDIII toCOlllJlCllllllC thoOWDC: forlbal ponion OfIOll of BoodwiD pr0- Vided ill acccrdancc with Scclica 6100. ' (~) If Ibe rcaI ""pert)' io. parlillll of........ pon::oI, Ibc ...~......\ maD inc1ucIc anapportionmcol oftbo tolIi--juatcompc:lllaliOll forlbe , porIiaJ acquisiIiOll ,*-Ibe ftIue oftbc ""pert)' ~ 1akca and ,tbc IIIIIOlIIIl of,damop, if anJ, lO Ibc rcmaindcr oftbe....... pozccJ &am wbich IllCb popcny illaba. ' " , (6) If die owner of tbe rcoI ~ lD be acqainlcI iI a!Io die 0WDeI: of. buIiDoueoncloctlld 1IJlOII tbe JII'OIll'Il)'...dIe.......;........1be __ .haD incJacIc an iIlcIn1iOll of die IIIIlIDIIl of comP""""lion fer 1cIIl)f ~' ' a:(O) Allbc iDitiltion ofilesolialicm (_nbacction 6Oli8(n)). public . J IhIll provide wriDcn IK"ifiootion lO Ibc owner of a l>IIJDa CllIl- du=d 011 tbcrca1 proport)' to beacqainlcl...... tbc,....ol.vIir, wboia DOl allO die _ oflhc rca1 popcrl)'. cono...m., bia ~ risIa lD caai. pCIIIIliOll for Iou of BoodwiII. The public eality aboiJJd incI.. . COPJ of die poalinont JI"'I'fiIimI cf tbe:e.m.- DnmoIn Law (OxIc of Civil I'r~ Soclioa 123O.lI10 -lOCI.). (f)(I)1f afW.....mn, Ihcplbliclllllity'.c6rlbcoW_,~ad- cIilionalinfm-.v..i rcpnlinalbc f . ...L..ofjull........ ........, oL__I.I:._.............-.l.I..tbe...n-.:.._... ,~, to~_o.L... 1IJ!C;.......-_J..-u,....'I'_ ~...,.I -... IIID u.L tbc dr' ...:....L.. cfjaltcom.pall8liaaia "-d lbemm: ,(A) The ...of___-.L (B) The ....11III belt aac oftbc popOrty. (C) The appIW~ zoaiII&. ,,(D)Td.ntm..6011 of......oftbe.........._lDocIIlIIIlpan:buc, and IcucI a1WU'm.,!be .w..,...l......, of~ (E) If Ibc popcrl)' ia . portion ofa. palCI, a' ,~ of Ihc ....... parccI, with .-...... ~,fer""""""'" ;"-"'-'- , (2) W'llbrcop<< lOcacJualc.coil-.arJcOac ...v.icIocIin_....... with (1)(0) Ibooc, tbe foIIowinJ datubaoJd be,..v.idod: (A) The _11III...... ... reoidoocc acIoL . if known, oflbe pII1ia to the IJ-p.....L.. (B) The location of !be JlI'OIlCOt)' oubjcd lO die _.....011 . (C) The dote of_... , (D) The price and otbor aiJDificad ....... and =- of Ihc ""...-lon, If bown; In lieu of ...... tbe other __ 11III ciraIm- __Ibe publiccntil)'ml)'. iftbod...........iI.MaJJabJcferiDlpcction, Ilalc tbe place ........ and die limco when It iI avaIIahIe h'inIpccliou. (3) The~oflbillllblec:lion doDOlIJllll)'lO~madc aftaanc:mineatclam.inJl'lc ....efI:M'Iiaa L .. fl <s> Wboncowa pBltof. pon:cJ ofJllUPlllt)'la lD be.....dtud by. public cnIit)' forpublicDleand dlemD8indcr,ar. puniCI..oftbe.......;......., wiD be left in 1UCb.1ize." CI" c:ondi1ion. ~ Ql)....111 ...... lID nn ,._ _,~ remnant Ihc pablic cmity oball olfiII' lO acquIzc die nainant Iflbe owner 10 dcaiJa. Fer Ibe JlDIPOICI of 1bac GuidcJDico 1III:~"";".em- nanl"obaJJ be. pozccJ ofrcol J'IOPCI'lYin wIIX:h lbe.v.._ ..aina1D~- CIl afWpIdiaJ acquiailiouofbia proport)' IlIlIwhicbluliltloorllODliIIty co val_ to aa. owner.,(NDIhiDJ in lbiI iubocctioa ia l.......lcd lO Jimit · public entItT. autbcrit)'to acquire IaI JIIDPCIlY.) , (h) NDlIIinI in lbiI oeclion.ba11 be...... uOd lD deprive ._ofdle ript lO obtain pa)'lllOJll farbia propc:rt)'inlcratuothcrwilcpmvidcd b)' law. " , (i) (I) Prior lO C<lIDJIlCDCcmCD of an cmincot doaIoiD jlo ,,'''...Ibe ,publio omity obaD make ICUOIlIbIc cfIilno to cIiIc:u. with !be _ ill olfiII' to purcbue tbc ........... rcaI poporl)'. The _1baI1 be sma . rcuonabIc opportDnil)' lD JROCDi maICIiaI which he bcIicva lO,be rcJc.. , VIllI u lD Ibe qDCIlionof ftIue IIIIllD ...... -.....""0 in 1bc: pro- poaed _11III conditiono of tbe purcbuc, and the public cnlit)' ohaD carcfuIIJ comider die ........... prelClllalion. ' (2) Prior to ~""""''''''" of an eminent domain prv-';..., if Ibe cvidCl\ClC pI'CICIIlOd by an owner or.1IIIlcrial cIimp in 1bc: chanlclor'or conditiOllof!be poporl)' indicaICItbe neod far.new ippaiaaJ...if ..... nificanldcJaJbu DCCIIII'Cd IiDoolbcclotamiDaliooClfjnltDOlllpCllalion, tbc publiceotity ohaD bavcill.ppraiIaI.~If. ....."n_i11 1bc: public CDlity..,dcrc.,.d,oIlion of juIt cM1t>' ""lion iI,w_....w. an ap- prc>priolc pricocd~lba11bemadcaad tbeDew amoanldetaminod to be joll c<mpon-11elubaDl>cpompdyoffcnldln 1l'riIiD, lDdleOWllCl". , (j) (I)InIlOCVCIIlIbaD die PablicCDlil)'citbcrcd_1bc: lime moon- d ".-1- .. ' . .' ...- "--'<of"'-'- CIIIDlI1iDIi,orUliilGrDelotiatioDlorc:t'A-~..rwtlll1l 0Il115-v- .1.111.. in couitfardleuic of!be_,...1ab anyotberaCtlCo-.:ivcormil- ' 1cacIiDa in na1Drc, in ardcrlo compcI oriaducc 1n~1...1be price , lD be peid far Ibe JIIOPCI'l7. " ' ' (2)Ifanyinlcratillproperl)' ia to beacquinld b)' cxcn:iacoflbe pciwa' of cminat domain, the pubJjc aliiI)' IbaIl pomptIy inIIIlDlc fonnal con- dcmnaliou Jll" '01";"8" No public CDIil)' IbaII inrmlionaJl)' mab it..... CIIllty far an _10 inIlitutc 1cpI1''' . '" ., to JrDVC!be IiIot of1bc: takinJ oflbil mol Jll'OIlCI'l1. ' 3-~O' 16184 BARCLAYS CALIFORNIA CODE OFREGlJLA1l0NS TIlle 2S \1 , t .1114. NotIce of DlIcIelon to AppnII-. , Tbc bHc" ibaI1 .dclbc_wilh,WliacnllClticcofillde- pu CII1ily pvv1" --' -"'- dociaica cia"" lO 1Ipf<8De1be ftlI! l"~ U OOOIl.,...-bIo .....1be , 10 appraile.... been nacbed. 'l'be IICllice abIIllIaIe, u. ~ .lbal: (a) A IpllCific _ ill being ~oVIared fer a pmticuIar public DR; (b) 'Ibc owncr'. poopeaty bu bcaI ~,lD be IocakocI within !be area; IIIIl ' , , (c) 'Ibc OWDCI"i pupcft)'. which sbaIl be aeoonBJ cIoocribecI,....)' be acquiIecI in ~..-a.. with the public uac. t 61& 11me of otrw., Thcpublic emil)'lhaIImoke iIo &atwrillcDa6'er.IOCIIIU I"0IieabIc foI1cnriDa ..w.. of 1be Nadco of Deciaiaa lO Appnlioc. (See ....uc.. 61~J ' ' t 6188. Notice of LBnd Acqulelllon Procedure&. (a) At 1be time die public ""tit)' -mo.lIII OWDa'ofill deciaion 10 lip- praioetal propc:riJ it aha1l fumioh the OWDCI'a wriucn exp1analion ofilo 1md acquiaitian pnlCllCIarea, cIcIc:ribing in... II: ...~,,1. UIldenllllld- able _ tbe public eIllit)"l acquiaition p.....iw_ and1be priDcipol riBbll, and oplio1II avai1able to tbe OWDCI'. (b) 'Ibc aotiouball iuc:lude tbe followm,: (1) A doacripliOa oftbe buie ob,ioc:tm,oftbe publioeatil)"11aad IIll- quiailion JIIOIII'IIIIlIIIId areference totbo nai1abiIity oflbopubliccmtity'a ............ ............ roIllll111illll beaefiIa fer wbiob lIIIl>W....;-<lCC"~t may be oIisIb1e; , , (2)A_tthattbc _OJ'hia"'P"*lllalive~in writ; ing aball,be sma tbe q......h.uity lO '''''''''I'lIIIJ oacb appnIiaoF dDriag bill WI.oodo.. oftbc property. , , (3)A ....-lbatif!beacquiaition of lIIIypartofftll! propcrt)'wou1d leave tbc _ with OIl lIllOCODllIIIic 1aIIIIlIIIl'. defined in IUbaeotion 6182(1) 1be pabIic ...lily will ofror to acquire thO IIIIOCllIIODIic rctIlJIlIIIl; iflbc _.. dain:a; " (4) A Ilataaenttbaliflhc ownerD notoatialiod witbtlie j>ub6c oatiIy'l offer of jast.. - I ,-,;,,0, he wiD be pea a .-onablo oppllI'lIIIIity to prexmro1cvaat.....HUol. wlDch die public emiI)' wiDcarefu1ly COIIIider. and tbal ifa voluatlr)'acreemcatcamol beJaCheddle public ...Ii\)'... IOOD" pciaible. wiD citbei- inIli_ a famud condemnation pnx:ocdlna apinat the proport)' erabandon iIoiateution lO ~ 1be pnlpCrty. p- ing aotice of 1be ~.. provicIod ill ocction 61!lO. (5) A ....""'"'"'! that COI1IlI'UClion er dcvelopmcat of a project aball be 10 IICbeduIed that DO penon 1awfuI1Jr 0ClC1IpyiDs tal properlJ abaJl ben:- qairod Io_fnim a dwc:lJiaa (..",~;"B .~dwc11insun:- qairod by tboac Ouiddlael wiD be avai1abIe)...to mow: hia bwineoo er farm cpcration witbouutlcut !lOda)'l wriIlcD JIOlice from !be public ea- Ii\)' oftbc dale by wbidl tbe ~ illl"'l.&.d, 1IIId, " (6) A-..-.,tbat,if ~ - made lD _ttbe pnlpCrty lD OIl ownot... __ fora ohcrl...... of fer a period IIIbjoct lO 1amiaa. lien bJ1be public ooitity on abartucdoe, 1berOalalwillactcxcecd 1be1eu- CI' ofdle faiirenlal. of1be JIIOIICItYlO ibcxt _occapicl'er Ibe pro "'" pcrti... of the Wr....ia1 wIue for a typica1 tenia! period. , If Ibe owna-... _ ill IllllCCllp...t of a dwe1Jina. the renII1 fer tbe ~ abaJl be witbia hiI financial- (See aubaoctioa 6OOll(c).) t 61110. Notice of Public EntIty'a Declllon Not to,Acqulra. Wbet'"'Wa public eDtit)' wbicb,... fcrwanlecl . Notice of DociAon lD AppniIc er humade a fina cfferauboequeat1y dec:idea not lD acquire, 1be property. tbo pub1icentilJaba1I oc:rve aaoticein wriq 011 theOWDCl'. ,all pctallIII occupyinstbc popc<tJand all otberpenona poteatia1IycliP- b1e f'errelocation paymeall and ulillance. Tbilnlllicc aba1I_ thattbe __...:cA_.......th.~_.I_~..I_.lI_........_.,..,...:-tl-, OJ It.....n'-.--AftI)! 1111&. IrIcIcIeIIW Explln... i Iflbl: Ra! ptlpeIlJill acqairecIby ruo.Jl-.lbI: public ~ IW pay aII....ooaabIe~ ".. .incidaa..u-rw."""""Ibc~.......... in8 1""""- JeCIlIdiaI rea. ..........r-1IIIl aimIIar~ iaci- , cIcut lD 1be _.,,_ of ftlI! propat)'. IIIIl tbe JII'l ... pllIliaa of' cbarpo far pabIic oemce aucb . _. ....... aad .... ooIIeeQaa which are a1IcwabIe lO a poriod __ ~ltolllDtbe dale aftiaaamrclflille lO tbc public eatity er!be effeclitoe dale of F . n aI' ~ JII'OPIIt)' by die pabIic ealiI)'. wIIicMM ii 1llIIIa. 'Ibc public eatit7 abaII iafam tbe OWIICI'lbatbemayappl)'faraJebabooflbe pIOJala paniaa aflll)'Ra! , JIIOpIIIty - paid. i ibmaY 1..&- ... ... filed 11-5-76. _ - ......J.... ~ ...eailcIiYe 11-2'7-7t'i ~'76,Noa. 44). , 2. CeI1lIicaoo of-?" fiIod 2-16-'7'7 (Replor'7'7. Noa.II). 18114. 8hoIt Term ........ (a) Ifdle public pelllliuaa OWIICI''''_ lO occap)' tbeRa!,JII'llPlIl)' acquired llIIan:atal bull foruboll-l&mI...fera pedodnbjoctlD tami- aaIica bJ die pulilic emiI)'... .boIt ucdoe, lbI: _ of.... ""I'*M ahaII net cxceecI die 1eaIirofdle fairRlltal wIue lO a.............. occupier ... the JII'lIllll panica of Ibe fairJClllal va1ue feralJpiclU RIltaI period. . If~ OWIICI' or _ Daa 0 . ~"'II of a dweI1iaa.lbc RIIlIII fer die dwo11iJis Iha11 be wilbia bia fiaanc:iaJ __ (See oubectIaa 6ll1I8(c).) (b)ApooHcquiIidon_wboc , . .-taIpnlJlOity~.<Iem alelll8l bull far a obert tena and who ill W",....d tbal.... JIIII1IClI\)'''' boe:uaoquirecl fara pub6c_lhaJl be Pea Dol1eu Ibm 30 da)'lllOlice oftcrminotinn oftbe~. 1hsroar , 1.~...........of ~7Ifiledl1-S-7li..,' _ J.....r-'of- 11-27-'76 6,Noa.44). : 2.~ofC ,'. _2-16-77~'7'7.Noa.S). f 1185. Public Infortn8IIon. 'l'be purcbue pice Illd otIier conIidenlion paid 1>)' the pabJic ealitJ ill public infcnualiOD, " IIIId aba1I be made aniIab1e apon +-- f 61... Servlce of NolIoe. I Senice of all ncticeo ""IuirecI bJ tbiI ardcIe abaJl be made eitber by &at d.. mail... b)' penonaI oorvice apaa 1be penon to be IIlllifiecL f 61... Nonpo-.ory Int-.t exception. The proviaIcaaof61B2(b). (c), (d)(4).1IIId (f) IIIId 61118 sbaIl net IJlPIJ lD the ac:quiIilioa of illY , ....,1. rilbl-<lf.4ay.covcnaat erotber 110II- pouo....,. ia1ereII in real propcrt)Ilo be acqairecI fer the ..-..-lilm, reconolrlIcIiof a1tmtion, enIqemc:ut, ....;..."""""". ___repair er repl~' oflll~ ........ w",..-!;- er ' dnina. , aeptic Iaab, er itona... cbaiaL , A""""-- A Minimum Coaleall ofJp-..tinn.l a) . . 1I.i. 7lI..l......w I.GeaaaJdoooriplioIIoflloe_lDl1_of ... ritioI.. wiD ............iacIadlIs-.. Idea- IiIiolaioa of _ wIIidI.., iInohi cIIopIaoo. -.A...._ . _of"poojoiit~ oIadd.....w. ' 2. 511 ' . ..poWic......1IIIIJ _10 cIioplaoe. - bat "DD-1awIIdIJ0ClClII'1ia4~ t;1 wiJI"'lOqIIftd.. ___ . llIIl. IooIlllOdoJa' ......lioIb6cm lbepob- lie _1Dl1.._wm............__ d1!lOdoJa_"'__of~ '.. 3._..._lDl1ladmdua1owill....... nquind.._..... .... "",c ...... of do- _ .... ....... ... rd .io..' .oIt1a 1--- wiIIIiD~ fimaciI1 - lIRe '-' F",. I , ~ "..-, I , i Td B_ c...c.m. ad 0IJwr6 ..I . x .. x . 3-)( I 11de 25 ' DeparIment or Ilousluc 8IId CClI-""I.r De..........II'lCJ&l__ 16S00 . I_T....l*"'"'-l GoaonI' e,oflJpolofJ.-......:~ .. , ...o.w...., ~eidliIitv.r..ri..... .-"'"":~ ................... llllllo_of ... ' 5.1"- .......... of ~.:::::.--- _a .......... of.. .............iiiii ...... WIll... naIIobJt. ' 6.~"_"-".nIocoIiaaoJ. fice .. cUll I .. die ... ne ...... .....................-.......1' " oJ. .......... 1 -. ' 7......... em"",' '"IoOoDIc...... p I L BriIf. .. L at... I.... 0CIIIIpKa- IlIo "'I I IoOoDIc. iacIodiaI JiIIJIIicoI ......... ' b.~'.1 ~'of~_"""" low """- vm of illlillbll Aat of 19!i8l.- ;:;:::;;;, _ lid Jocoflioir...... iowa, u u.... !IIIIor 'J1IIo ,IV of.... ciOiI RiBJdo ktofJ9M. ' ' c. S . I'" ... public <IIIity (are;' ' wiIIldloIdIY __ ... . , wiIhJa..~_'...aL4.~ rbIo .. diJpIocad _... will _ide .... - .. iD ......... IloaaIoI of tloir dIoico,- TiL';-' . iD.....-.aJof_ pIoiatoof'd.... .... tiaD..... ~Fadeo- 01. S.... ar IoOoIlioir........ '..,...... 1IIIIlICY' d.'SIo_ ..~...., ____ bouoIoa- ...... ......lfllloy do.....IItlIII\r60..-....::;capdar.._, ... . 1""'-"'_" .--v. ' " 8. S_...... publlcllllilywill.-wo-u . --" . Joc:a!i08.-...' l dr'-~ -........ _ .._ _~...... L . __...__1IiI ......._ he.,,'" ' 9. Slo_' ,."!Iab' __....priarDOll&- Ct_ tD .....,.,qoflle...... ~'.... IIIIIliaalD_' . Jo.~of"'Joc:aJ_'J_pOIicy. ""1011111011"'._' _...'_...... 01___' , II.S_' .....__.....__ -..lIopllJlCllc...........it...yhe-._ ""","""",_heill. .-_..._;. , ,_ 01 ArIicIo S. ", ,. DI"'rll1l 7'. - ~.' r~ eo... p_ _0JI00n0 I . . . . . . , . . , . . . . '. . . . ',' . 3~'6',) , ~,_,_,"'__ I r- _ 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 IS, 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 13 2004, the City Council adopted Ordinance No, 2947 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 3, 2004, the City Council adopted Ordinance No. 2949 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 3-(~3 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 V alley 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. PCM-0414 on March 3, 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. 2003-003 on September 17. 2003, the Town Centre II Project Area Committee recommended that the City Council adopt the proposed 2004 Amendment; and WHEREAS, by adoption of Resolution No. 2003-001 on October 9, 2003, the Added Area Project Area Committee recommended that the City Council adopt the proposed 2004 Amendment; and J:\COMMDEV\RESOSI04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC ..] -$1 -2- 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. 04-01 on March 3, 2004, the Planning Commission of the City of Chula Vista certified the Final ErR and recommended that the City Council certify the Final ErR 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, at the conclusion of, and upon closure of, the Joint Public Hearing, consideration of the Final EIR for the 2004 Amendment and of the 2004 Amendment and items related thereto were continued to the joint meeting of the Agency and City Council of April 20, 2004; 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 April. 20, 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. certified the Final EIR for the 2004 Amendment; and on April 20, 2004, the City Council 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; J:\COMMDEV\RESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Projecl.DOC .B -~S- -3- NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. The foregoing Recitals are true and correct and are incorporated herein and made a part hereof. SECTION 2. 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 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 494 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 3. 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 Town Centre II Plan was 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 adopted. 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 adopted. 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 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 adopted. The City Council finds that (i) such findings set forth in Ordinance Nos. 1827,2274,2059,2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, and (iii) no further findings concerning the blight findings set forth in Ordinance Nos. 1827, 2274, 2059, 2420, and 2467 are required for the 2004 Amendment. b, 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 J:\COMMDEVIRESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Projecl.DOC 2-<;r(., -4- at Section 33000) of the Health and Safety Code of the State of California ("CRL"). The foregoing finding is based on substantial evidence in the record, including but not limited to the Report to Council and all documents referenced therein. c. 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 and all documents referenced therein. d. 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 when the Town Centre II Plan was adopted and in Ordinance No. 2207 which amended the Town Centre II Plan. 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 when the Amended Town Centre II Plan was adopted. The finding that the carrying out of the Otay Valley Plan is economically sound and feasible was made in Ordinance No. 2059 when the Otay Valley Plan was adopted. The finding that the carrying out of the Original Southwest Plan is economically sound and feasible was made in Ordinance No. 2420 when the Original Southwest Plan was adopted, The finding that the carrying out of the Amended Southwest Plan is economically sound and feasible was made in Ordinance No. 2467 when the Amended Southwest Plan was adopted. The City Council finds and determines that (i) such findings set forth in Ordinance Nos. 1827,2207,2274,2059,2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, and (iii) no further findings concerning economic feasibility are required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Plan, Otay Valley Constituent Area, Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. e. 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. f. The 2004 Amendment, in the form of the Amended and Restated Redevelopment Plan for the Chula Vista Merged Project Area, including all constituent areas thereof, 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, including but not limited to the Report to Council and all documents referenced therein, which includes the finding of the Planning Commission of the City Chula Vista that the 2004 Amendment conforms to the Chula Vista General Plan and all elements thereof. g. 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 constituent 1:\COMMDEV"RESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC 3-'11 -5- areas thereof, 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, 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 and all documents referenced therein. m. The 2004 Amendment does not alter, affect, or amend the Agency's authority, if any, with respect to the condemnation of real property within the Southwest Constituent Area and the City Council finds and determines that (i) all required findings pertaining to the condemnation of real property within the Original Southwest Constituent Area were made in Ordinance No. 2420; (ii) all required findings pertaining to the condemnation of real property within the Amended Southwest Constituent Area was made in Ordinance No. 2467; (iii) such previously made findings are final and conclusive, (iv) such previously made findings remain valid and effective, and (v) no further findings concerning the condemnation of real property with respect to the Original Southwest Constituent Area or Amended Southwest Constituent Area are required for the 2004 Amendment. 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 and all documents referenced therein, 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 Thereto, 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 Council and all documents referenced therein, which includes the Method of Relocation, and on the Agency's adoption of its Resolution No. approving and adopting a Method of J:\COMMDEVIRESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC 3-~~ -6- Relocation for the Merged Chula Vista Redevelopment Project In Conjunction With the 2004 Amendment Thereto, and further upon the requirement that the Agency comply with the State Relocation Law (Gov. Code S7260 et seq,), State Relocation Guidelines (25 C.C.R, S6000 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 33411.1, 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 and all documents referenced therein, q. There are no noncontiguous areas of the Otay Valley Constituent Area and therefore the finding that noncontiguous areas within 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 not required to be made in Ordinance No. 2059 when the Otay Valley Plan was adopted. The City Council finds and determines that (i) the 2004 Amendment does not alter or affect the boundaries of the Otay Valley Constituent Area; and (ii) therefore no further findings concerning noncontiguous areas is required for the 2004 Amendment with respect to the Otay Valley Plan or Otay Valley Constituent Area. The City Council further finds and determines that (i) the 2004 Amendment does not alter or affect the boundaries of the Town Centre II Constituent Area; and (ii) therefore no further findings concerning noncontiguous areas is required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, or Amended Town Centre II Constituent Area, The City Council further finds and determines that the finding that all noncontiguous areas of the Original Southwest Constituent Area and 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 such Constituent Area was made in Ordinance Nos. 2420 and 2467, pertaining to the Original Southwest Constituent Area and Amended Southwest Constituent Area, respectively, and the City Council further finds and determines that (i) such findings set forth in Ordinance Nos. 2420 and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, (iii) the 2004 Amendment does not alter or affect the boundaries of the Original Southwest Constituent Are or Amended Southwest Constituent Area, and (iv) no further findings concerning noncontiguous areas is required for the 2004 Amendment with respect to the Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. r. 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 and all documents referenced therein. s. 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 J:\COMMDEV\RESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC -7- ..J -g? redevelopment of the Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Constituent Area, Original Southwest Constituent Area, and Amended Southwest Constituent Area, and that any area included in such Constituent Area is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the particular Constituent Area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion, was made in Ordinance Nos. 1827,2207,2274,2059,2420, and 2467, pertaining to such Constituent Area. The City Council finds and determines that (i) such findings set forth in Ordinance Nos, 1827, 2207, 2274, 2059, 2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, (iii) the 2004 Amendment does not alter or affect the boundaries of any of the foregoing Constituent Areas; and (iv) no further findings concerning whether inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment, is required for the 2004 Amendment with respect to the Town Centre II Plan, Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Plan, Otay Valley Constituent Area, Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. 1. 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 including all documents referenced therein. u. 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 and in Ordinance No. 2207 amending the Original Town Centre II Plan. 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 finding that the elimination of blight and the redevelopment ofOtay 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 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 set forth in Ordinance Nos. 1827,2207,2274,2059,2420, and 2467 are final and conclusive, (ii) such previously made findings remain valid and effective, and J:\COMMDEV\RESOS\04.20-04\Ord Adopting 2004 Amendment to Merged CV Redev Projecl.DOC ..1-'/0 -8- (iii) no further findings concerning whether 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, are required for the 2004 Amendment with respect to the Town Centre II Plan, Original TDwn Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Plan, Otay Valley Constituent Area, Southwest Plan, Original Southwest Constituent Area, or Amended Southwest Constituent Area. v. 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. w. A finding that the redevelopment project area is a "predominantly urbanized" area, as is now required and as now defined by the CRL, was not required to be made for the Original Town Center II Constituent Area when the Original Town Center II Plan was adopted by Ordinance No. 1827, or for the Amended Town Centre II Constituent Area when the Amended Town Centre II Plan was adopted by Ordinance No. 2274, or for the Otay Valley Constituent Area when the when the Otay Valley Plan was adopted by Ordinance No. 2059, or for the Original Southwest Constituent Area when the Original Southwest Plan was adopted by Ordinance No. 2420, or for the Amended Southwest Constituent Area when the Amended Southwest Plan was adopted by Ordinance No. 2267. The City Council finds and determines that (i) the 2004 Amendment does not alter or affect the boundaries of the Original Town Center 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, and (ii) therefore no further finding or determination concerning the foregoing is required for the 2004 Amendment with respect to the Original Town Center 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. x. 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. y, 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 J:\COMMDEV\RESOSI04.20.04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC ..3 -/ / -9- 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, Z, 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 4. 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 Redevelopment Project In Conjunction With the 2004 Amendment, and further upon the requirement that the Agency comply with the State Relocation Law (Gov. Code !F260 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, 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 S. 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 the cooperation of the City to help 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 J:\COMMDEV\RESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC .3 - <J.;L -10- 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 6. 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 7. The Building Department of the City is hereby directed, for a period of two years from and after the effectiveness of this Ordinance, to advise all applicants for building permits for construction of buildings or other improvements on sites located within the 2004 Amendment Constituent Area, that such site(s) is within a redevelopment project area. SECTION 8. 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 9. The City Clerk is hereby directed to (i) record with the San Diego County Recorder a Statement of Proceedings identifying by recorded instrument number the previously recorded legal description of the Original Town Centre II Constituent Area, Amended Town Centre II Constituent Area, Otay Valley Constituent Area, Original Southwest Constituent Area, and Amended Southwest Constituent Area, and attaching to such Statement a legal description of the 2004 Amendment Constituent Area, to provide notice 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; and (ii) submit the documents described in Health and Safety Code Section 33375 to such officials as described in said section within the time set forth in said section. SECTION 10. The City Clerk is hereby directed to transmit a copy of the Statement of Proceedings, the legal description of the 2004 Amendment Constituent Area, the 2004 Amendment in the form of the Amended and Restated Plan for the Merged Chula Vista Redevelopment Project Area, and/or such other documents to such other parties as may be directed by the Agency, SECTION 11. This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. SECTION 12. 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 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. 1:\COMMDEV\RESOS\04-20-04\Ord Adopting 2004 Amendment to Merged CV Redev Projecl.DOC 3 -CJ3 -11- SECTION 13. 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 Madigan Community Development Director l\COMMDEVIRESOS\04-20.04\Ord Adopting 2004 Amendment to Merged CV Redev Project.DOC 3 -'i( -12-