HomeMy WebLinkAboutRDA Packet 1998/06/09
Notice is hereby given that the Chair of the Redevelopment Agency has called and will convene a special meeting
of the Redevelopment Agency/City Council, Tuesday, June 9, 1998 at 6:00p.m., immediately following the regular
City Council meeting, in Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula
Vista, California to consider, deliberate and act upon the following:
~air
Tuesday, June 9, 1998 Council Chambers
6:00 p.m. Public Services Building
(immediately following the City Council meeting)
Special Meeting of the Redevelopment Agency/Citv Council of the City of Chula Vista
CALL TO ORDER
1. ROLL CALL: Agency/Council Members Moot -' Padilla -'
Rindone -' Salas -' and Chair/Mayor Horton -
CONSENT CALENDAR
( Items 2 and 3 )
(Will be voted on immediately following the Council Consent Calendar during the City Council meeting)
The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by
the Agency by one motion without discussion unless an Agency 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.
2. APPROVAL OF MINUTES: May 19, 1998
3.a) RESOLUTION 1586 APPROVING ITS REPORT TO THE CITY COUNCIL FOR THE
AMENDMENT NO.5 TO THE BA YFRONT REDEVELOPMENT PLAN
AND AUTHORIZING TRANSMITTAL OF THE REPORT AND THE
PROPOSED AMENDED REDEVELOPMENT PLAN TO THE CITY
COUNCIL--In 1997, the Agency requested that staff proceed with
amendments to the Bayfront and Town Centre I Redevelopment Plans to
address limitations that currently impede the Agency from removing blight and
completing its redevelopment program in both Project Areas. The plan
amendment process involves a series of steps. Staff recommends the Agency
approve the resolutions to submit the Bayfront and Town Centre I Plan
Amendment documents to the City Council for consideration. (Community
Development Director)
b) RESOLUTION 1587 APPROVING ITS REPORT TO THE CITY COUNCIL FOR THE
AMENDMENT NO.5 TO THE TOWN CENTRE I REDEVELOPMENT
PLAN AND AUTHORIZING SUBMITTAL OF THE REPORT AND THE
PROPOSED AMENDED REDEVELOPMENT PLAN TO THE CITY
COUNCIL
. . . END OF CONSENT CALENDAR" .
Agenda -2- June 9, 1998
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the
Redevelopment Agency or the City Clerk prior to the meeting.
4. PUBLIC HEARING: CONSIDERATION OF: 1) GPA-98-03 AMENDING THE GENERAL
PLAN LAND USE ELEMENT TO INCLUDE "MIXED LAND USE
DESIGNATION AREA" TEXT INCLUDING PROPERTY IN CHULA
VISTA BA YFRONT; AND 2) AMENDMENTS NUMBERS FIVE TO THE
BAYFRONT AND TOWN CENTRE I REDEVELOPMENT PLANS--In
1997, the Agency requested that staff proceed with amendments to the
Bayfront and Town Centre I Redevelopment Plans to address time limitations
that currently impede the Agency from removing blight and completing its
redevelopment program in both Project Areas. In addition, the Agency is
seeking to amend the Bayfront Redevelopment Plan to add approximately 398
acres of Port District tidelands to the Project Area and to modify the existing
Bayfront Redevelopment Plan's land use plan to correlate with the Chula Vista
Certified Local Coastal Program and the City's General Plan. Staff
recommends approval of the resolutions and to place the ordinances on first
reading. (Community Development Director)
a) AGENCY CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT
RESOLUTION 1588 REPORT FOR THE TOWN CENTRE I/BA YFRONT REDEVELOPMENT
COUNCIL PLAN AMENDMENTS (Effi-98-2), ADOPTING THE FINDINGS OF
RESOLUTION 19036 FACT RELATING TO THE FEASmILITY OF MITIGATION
MEASURES IDENTIFIED IN Effi-98-2, AND ADOPTING A RELATED
MITIGATION MONITORING AND REPORTING PROGRAM
b) COUNCIL AMENDING THE GENERAL PLAN LAND USE DESIGNATION FOR
RESOLUTION 19037 THE TIDELANDS PROPERTY LOCATED GENERALLY NORTH OF
"J" STREET, SOUTH OF "G" STREET AND WEST OF THE MEAN
IDGH TIDE LINE FROM OPEN SPACE, PARK, RESEARCH &
LIMITED MANUFACTURING, VISITOR COMMERCIAL, AND
GENERAL INDUSTRIAL TO MIXED LAND USE
c) ORDINANCE 2734 APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO.5 FOR THE BA YFRONT REDEVELOPMENT
PROJECTS (first readin!!)
d) ORDINANCE 2735 APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO.5 FOR THE TOWN CENTRE I REDEVELOPMENT
PROJECTS (first readin!!)
n'" -- --
Agenda -3- June 9, 1998
5. PUBLIC HEARING: TO CONSIDER A SPECIAL LAND USE PERMIT TO ALLOW
EDUCATIONAL AND COUNSELING SERVICES TO CLIENTS WITH
SUBSTANCE ABUSE PROBLEMS AT 314 PARKWAYnEpiscopal
Community Services submitted a Land Use Permit application to establish the
South Bay Recovery Center at 314 Parkway. The Center is planned to provide
educational and counseling services to clients who have substance abuse
problems. The project is located within the Town Centre I Redevelopment
Project Area and has been reyiewed by the Town Centre Project Area
Committee and the Downtown Business Association. The project is exempt
from environmental review. Staff recommends the public hearing be continued
indefinitely. (Community Development Director)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the Redevelopment Agency will discuss items which have been removed from the Consent
Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency
Members.
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.
OTHER BUSINESS
6. DIRECTOR/CITY MANAGER'S REPORT(S)
7. CHAIRIMAYOR'S REPORT(S)
8. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to the Regular Redevelopment Agency Meeting on June
16, 1998 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers.
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I.MY 29
MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
Tuesday, May 19, 1998 Council Chambers
8:00 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency Members: Moot, Padilla, Rindone, Salas,
and Chair Horton
ABSENT: Agency Members: None
ALSO PRESENT: Executive Director, pavid D. Rowlands; Legal Counsel,
John M. Kaheny; City Clerk, Beverly A. Authelet; and
Deputy City Clerk, Charline V. Long
CONSENT CALENDAR
(Items pulled: none)
CONSENT CALENDAR OFFERED BY CHAIR HORTON, headings read, texts waived, passed and
approved unanimously 5-0.
2. RESOLUTION 1582: ADOPTING NEGATIVE DECLARATION IS-91-04 AND ADDENDUM IS-98-l9
AND APPROVING OWNER PARTICIPATION AGREEMENT WITH MR. RAUL FONTES FOR THE
DEVELOPMENT OF AN INDUSTRIAL BUILDING AT 3855 MAIN STREET LOCATED WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA--The proposed 3,050 sq. ft. industrial
building will be used for the warehousing and wholesaling of electrical equipment
and supplies. The project also includes the removal of a house foundation,
construction of a small parking lot, a trash enclosure, and landscape areas.
Resolution approved unanimously 5-0. (Community Development Director)
. . . END OF CONSENT CALENDAR' . .
ORAL COMMUNICATIONS
None.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
3. PUBLIC HEARING: TO CONSIDER A SPECIAL LAND USE PERMIT TO ALLOW EDUCATIONAL
AND COUNSELING SERVICES TO CLIENTS WITH SUBSTANCE ABUSE PROBLEMS AT 314 PARKWAY--
Episcopal Community Services submitted a Land Use Permit application to establish
the South Bay Recovery Center at 314 Parkway. The Center is planned to provide
educational and counseling services to clients who have substance abuse problems.
The project is located within the Town Centre I Redevelopment Project Area and
has been reviewed by the Town Centre Project Area Committee and the Downtown
Business Association. The project is exempt from environmental review. The
public hearing was continued to June 9, 1998. (Community Development Director)
This being the time and place as advertised, the public hearing was declared
open.
. Roslyn Chasan, 13633 Paseo de la Huerta, Poway, CA 92064, spoke in
opposition to this type of community service being offered in her neighborhood.
Mrs. Chasan and her husband own rental property at 357 to 369 Third Avenue,
across the street from Memorial Park. They received notice and were concerned
with the type of clientele that would be moving into and using this type of
facility. The notice did not address the kind of facility, the training of its
personnel, the average time available to the users of this facility, the church's
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RDA Minutes
May 19, 1998
Page 2
agenda, or the location of facilities available on church property. She also
felt that some parks and beaches have become havens for alcoholics and drug
addicts so that people who live in the neighborhood, pay taxes, have young
children, cannot use these facilities without concern. She leased property to
small businesses who may not renew their leases due to the crime already in the
neighborhood as well as the threat of more undesirables moving into the
neighborhood.
MSUC (HortonjRindone) that the public hearing be continued until June 9, 1998.
4. PUBLIC HEARING: TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR THE
ESTABLISHMENT OF THE SAN DIEGO COUNTY SOUTH BAY HEALTH & HUMAN SERVICES AGENCY
FAMILY RESOURCE CENTER AT 675 OXFORD STREET LOCATED WITHIN THE SOUTHWEST
REDEVELOPMENT PROJECT AREA--The property owner plans to construct a two-story,
74,000 sq. ft. office building. The building will accommodate several County
agencies which are currently located at the Jerome's building on Third Avenue
between Palomar and Quintard and the Urquhart building on Third Avenue north of
Palomar. Resolution was approved unanimously 5-0. (Community Development
Director)
RESOLUTION 1583 APPROVING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF THE
SAN DIEGO COUNTY SOUTH BAY HEALTH & HUMAN SERVICES AGENCY FAMILY RESOURCE CENTER
AT 675 OXFORD STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA
Chris Salomone, Director of Community Development, stated this project would
consolidate the Career Center, the Work Program (WERC) , and the WESC Program with
the Welfare-to-Work Reform into a single center. Consolidating those services
into a family resources center can be a model for the region.
Miguel Tapia, Community Development Specialist, stated the Agency's action
tonight involves the approval of the Special Use Permit for the establishment of
the County's Family Resource Center at the building to be built at the West end
of Oxford Street. The design plans for the development of the building and the
proposed pedestrian linkage will be brought to Council for consideration sometime
in July. Approval of the Special Use Permit tonight will allow the developer and
County staff to go forward with the proposal and lease agreement to the County
Board of Supervisors. Staff recommends approval of the resolution with
conditions listed therein. The Planning Commission reviewed the proposed Special
Use Permit at their last meeting on May 13, and the Commission recommended
approval of the Special Use Permit subject to the conditions listed on the
resolution with the additional condition that the applicant obtain adequate
access to the trolley and bus lines specified by the City Engineer.
Cliff Swanson, City Engineer, stated the question of access to the site has been
looked at by our staff. Staff estimates 1,500 recipients will visit the site on
a daily basis based on information provided by the developer. It is estimated
that 40% or nearly 600 service recipients will arrive by foot and presumably the
majority of them will come in by either bus or trolley at the Palomar Trolley
Station where the bus also stops. As indicated on the map, the strip of land for
street access can be a right-turn-in and r ight-turn-out which will relieve
congestion. With the trolley center on the right side of Palomar Street, we have
a significant concern that people will not go to the intersection but will take
the short cut and cut directly across Palomar Street, The ideal solution that
we have looked at is to put in a pedestrian overpass in the vicinity that would
channel people going to and from the center directly across without having to
detour across the railroad tracks, which MTD8 has concerns with, or mid-block
crossing that we have concerns with. We have estimated that the overpass could
cost between $300,00 and $400,000.
Mr. Salomone stated that the pedestrian bridge has come up since the Planning
Commission action. The Planning Commission did include a condition on the
project that a connection be made to the satisfaction of the City Engineer.
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May 19, 1998
Page 3
Obviously, it is a significant cost item, to this project. Staff feels that the
project is a very worthy project, and we support that an access be created for
the Palomar Trolley Center. However, the project is on a fast track, and the
County is anxious to begin construction with this developer. Staff proposes that
best efforts be made to achieve this connection to the satisfaction of MTDB,
SDG&E (who has power lines going over the site), and in a fiscally responsible
way that protects the citizens.
Chair Horton questioned that when the proposal first came forward, it was her
understanding that there was going to be a child care component within close
proximity. There was no mention of how we would accommodate this component.
Mr. Salomone responded that when this first came forward, we were trying to get
a child care center. We are currently still trying to get a child care center.
We have a letter of interest from the Boys & Girls Club to help bring a facility
like that into reality. We have also contacted the YMCA who has experience in
operating these types of facilities. It is not shown in the current project
because it is not a component yet. The developer has created a site where a
child care center can be accommodated, but the issues of that facility being
funded for short- or long-term child care have not yet been worked out.
Member Salas stated that a bridge over Palomar street is important to the success
of this and our ability to build this project without impacting the community.
She has been working with some of the business owners in the Palomar Commerce
Center and staff in regards to the traffic problem on Palomar. Customers are
having a lot of difficulty getting into that shopping center as it is without any
new pedestrian crossing going through. She couldn' t support an intersection
going in on the East side of Industrial, because it would impact those business
owners even more in terms of the ability of traffic to get in and out of the
Palomar Commerce Center, With all our best efforts, we need to look at the
alternative of the bridge going over there unless we can find some way to remedy
that problem they are experiencing.
Mr. Swanson stated the proposal of putting a two-way driveway with right-in and
right-out would alleviate a lot of traffic. The driveway envisioned to allow
traffic to come out and make a right turn at that location will greatly assist
in reducing people making that undesirable cut through. Vehicular traffic would
be changed and assisted, and pedestrians would be provided a much shorter route
to the Center. The proposal includes a two-way driveway for vehicles and that
would be shared by a sidewalk. The proposal for a pedestrian overpass by putting
a driveway in for vehicles would allow the traffic to come out and make a right
turn eliminating congestion in that particular shopping center and would also
help reduce potential traffic volume going through the signalized intersections
at Oxford and Broadway and at Palomar and Broadway.
Member Rindone stated this project has gone a long way in consolidating the San
Diego County South Bay Health and Human Services Agency resources into a singular
location. He was supportive of that. He was not sure that the pedestrian
overpass was essential. The question before us tonight is the Special Use Permit
and to proceed in looking at that design. It will eliminate a lot of problems
on Third Avenue with the various non-conforming uses of facilities for health
services delivered there. He had one quest ion. Nothing had been mentioned on
the "L" shape by Harborside Elementary School access from Naples. Is that still
envisioned?
Mr. Tapia responded, no. It is not part of this proposal, The applicant is not
considering having an access through to Naples Street. Some of the concerns are
that there is a school very near.
This being the time and place as advertised, the public hearing was opened.
Addressing the Agency was:
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RDA Minutes
May 19, 1998
Page 4
. Bennet Greenwald, 1420 Kettner Boulevard, San Diego, representing Palomar
Station LLC, the owner of the property, and the developer of the project. The
South Bay Solutions has been working with the Elementary School District in
providing what they call family resource centers in the elementary schools. This
includes child care, and a panacea of other social services with providers
working out of the school site itself. The principal at Harborside Elementary
School would like to be a participant of this program, and we have talked to him
and to the Elementary School District about providing some land next to the
existing elementary school for a child care center. Our problem is the money.
We are looking at a collaborative effort between the Elementary School District,
the land owner, and South Bay Solutions who are all looking for the money to
provide a facility on that site. On the West side of Harborside, there is a very
narrow driveway that goes between the property line and the edge of the schooL
Teachers park at a 45 degree angle in that driveway and back out on to Naples
Street to get turned around. We think that by providing this land, we can
alleviate that situation. It would use the existing driveway of Harborside's
school, but there would not be a through access to Oxford Street; we think that's
an invitation to a problem. We've got a potentially dangerous situation there,
and we want to keep that street as narrow and as restricted to movement as
possible to protect the school. We, along with staff, consider the pedestrian
link very important. MTDB owns the land, and they have been using it as a
railroad tie storage yard. The City asked them not to do that, and they
responded that they would continue to store their ties there. In talking with
a member of MTDB staff about this, they were unresponsive. Unfortunately, we
have that bureaucracy to contend with, and they have their own ideas about the
use of this property. If you condition this project with the requirement for us
to make improvements on that property, they would not be able to deliver, and
therefore he could not accept that condition. If you condition this project and
force us to wait until we have a deal worked out with MTOB, he felt they would
lose the project. He stated he would do everything within his power to make sure
that the pedestrian access is appropriate and the automobile access is as it was
described.
Member Moot asked, wouldn't it be in MTDB's financial best interest to provide
that access? Wouldn't it increase ridership and use at the trolley stop?
. Mr. Greenwald replied absolutely, but in talking with the MTDB staff member,
he indicated there would not be a net increase in ridership, and they would not
want to make a financial contribution to this improvement.
Member Rindone stated, as a MTDB Board Member, that has not been reviewed with
the policy makers at MTDB to date. There will be a lot of issues to be
addressed.
Member Salas stated she was concerned with the safety of the citizens crossing
that street because of the tremendous amount of traffic.
There being no one else indicating a desire to address the Agency, the public
hearing was closed.
RESOLUTION 1563 OFFERED BY MEMBER RINDONE, heading read, text waived.
Mr. Salomone stated that the Planning Commission conditioned the project on
obtaining adequate access to the trolley and bus lines with the approval of the
City Engineer. He suggested some alternate word ing be added for Council's
consideration that the applicant shall first exercise its best efforts to obtain
and improve access across the MTDB right-of-way in a location approved by staff.
City staff agrees to cooperate with applicant in negotiations with MTDB to
achieve this result. If this result can not be achieved after good faith effort
on reasonable terms and in a timely manner, subject to the City Engineer's
approval, applicant can pursue an alternate access mechanism. The reason we're
proposing this is the unknown of approving a project that wants to start very
quickly and get underway that could gener~e the ridership numbers we have
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RDA Minutes
May 19, 1998
Page 5
discussed tonight. We don't want Council to be in a situation where you have
conditioned it on a very expensive facility and you can't reconsider that a later
date.
Member Rindone stated he would like to get the applicant's response.
8 Mr. Greenwald responded that it was acceptable to them.
Member Rindone, the maker of the Resolution, so amended the resolution to include
the language by staff.
VOTE ON MOTION: Approved 5-0.
Chair Horton restated her concern about the child care component, and approved
the collaborative effort proposal by Mr. Greenwald. She also felt the County
should be a participant as we will be serving not just Chula Vista residents, but
residents from allover the South Bay area and beyond.
ADJOURNMENT
The meeting adjourned at 8:36 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
By:
Charline Long, Deputy City Clerk
02-5""
REDEVELOPMENT AGENCY AGENDA STATEMENT
Item .J
Meeting Date 06/09/98
ITEM TITLE: a) RESOLUTION /:s~f.:, APPROVING ITS REPORT TO THE CITY
COUNCIL FOR THE AMENDMENT NO, 5 TO THE BAYFRONT
REDEVELOPMENT PLAN AND AUTHORIZING TRANSMITTAL OF THE
REPORT ANO THE PROPOSED AMENOED REOEVELOPMENT PLAN TO THE
CITY COUNCIL
b) RESOLUTION 1~1l7 APPROVING ITS REPORT TO THE CITY
COUNCIL FOR THE AMENDMENT NO, 5 TO THE TOWN CENTRE I
REDEVELOPMENT PLAN ANO AUTHORIZING SUBMITTAL OF THE REPORT
ANO THE PROPOSED AMENOEO REDEVELOPMENT PLAN TO THE CITY
COUNCIL
SUBMITTED BY: Community Oevelopment Oirector C /r;,
REVIEWED BY: boo.,", Di.., 'DR ~ @ (4/5ths Vote: Yes- Noll
BACKGROUND:
Approximately one year ago, the Redevelopment Agency ("Agency") requested that staff proceed with
amendments to the Bayfront and Town Centre I Redevelopment Plans to address time limitations that
currently impede the Agency from removing blight and completing its redevelopment program in both Project
Areas, In addition, the Agency is seeking to amend the Bayfront Redevelopment Plan to add approximately
398 acres of Port District tidelands to the Project Area and to modify the existing Bayfront Redevelopment
Plan's land use plan to correlate with the Chula Vista Certified Local Coastal Program and the City's General
Plan.
The plan amendment process involves a series of steps, The step that the Agency is being asked to take
with this item is merely to submit the Bayfront and Town Centre I Plan Amendment documents to the City
Council for consideration, This step is largely administrative, It is not an aooroval of the Plan Amendments
themselves, Rather, it is a legally required precursor to any formal action by the City Council on the Plan
Amendments, A joint public hearing, and substantive consideration of the Plan Amendments themselves, is
scheduled as item 4 on tonight's joint Council/Agency agenda,
RECOMMENDATION: That the Agency approve staff's recommendation to (1) approve and adopt the
Reports to City Council on the proposed Bayfront and Town Centre I Redevelopment Plan Amendments, and
(2) submit the Reports and Plan Amendments to the City Council for consideration,
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Page 2, Item -
Meeting Date 06/09/98
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
DISCUSSION:
Section 33356 of the California Health and Safety Code requires that prior to a joint public hearing to
consider adoption of a redevelopment plan amendment, the Agency shall cause to be prepared and submit
to the City Council, the proposed redevelopment plan amendment and a report thereon. The report must
contain certain elements, These elements are prescribed in Health and Safety Code Section 33352,
The Reports to the City Council contain all information, documentation, and evidence regarding the proposed
Amendments. The purpose of these Reports is to assist the City Council in its consideration of the
Amendments and in making various legally required findings and determinations, More specifically, the
Reports to City Council, prepared in accordance with Section 33352 of the California Community
Redevelopment law (law), include the following:
1) The reasons for selection of the Project Areas and the Amendments, including a description of
proposed projects and programs, and how these projects and programs will improve or alleviate
blight;
2) A description of the physical and economic conditions in the Project Areas;
3) The five. year implementation plan;
4) An explanation why blight cannot be alleviated by the private sector or without tax increment
financing
5) The method of financing;
6) The method of relocation;
7) An analysis of the Preliminary Plan;
8) The report and recommendation of the Planning Commission;
9) The report and recommendation of the Town Centre I Project Area Committee and a statement
regarding public participation in the Plan Amendment process;
10) The Planning Commission's finding that the Amendments conform to the City's existing General Plan
11) The Environmental Impact Report EIR.98.2, Findings of Fact, and Obligation Monitoring Program;
12) An analysis of the base year report of the County Auditor.Controller;
13) The neighborhood impact report;
14) A summary of consultations with affected taxing agencies,
The Bayfront and Town Center I proposed Redevelopment Plan Amendments and related Reports to City
Council were transmitted to the City Council by staff as part of the packet for item 4 on tonight's joint
Council/Agency agenda, The reports and plans have been prepared in accordance with all requirements of
Redevelopment law, including Health and Safety Code Section 33352,
Your approval of this item would formally approve, as an act of the Agency, the submittal of the proposed
plans and related reports to the City Council. This aDDroval is not an aDDroval of the Plan Amendments
themselves, Rather, under the Redevelopment law cited above, it is a legally required precursor to any
formal action by the City Council on the Plan Amendments. A joint public hearing and substantive
consideration of the Plan Amendments themselves is scheduled as item 4 on tonight's joint Council/Agency
agenda,
FISCAL IMPACT: None for this action,
IGGI H'IHOMEICOMMOEVISTAFF.REP\O6.09.98\AMENO.1 IJu",4, 199811H7pmIJ J-d-.
RESOLUTION NO. / :;??ro
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING ITS REPORT TO THE CITY COUNCIL FOR THE
AMENDMENT NO.5 TO THE BAYFRONT REDEVELOPMENT PLAN AND
AUTHORIZING TRANSMITTAL OF THE REPORT AND THE PROPOSED
AMENDED REDEVELOPMENT PLAN TO THE CITY COUNCIL
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance
No, 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Bayfront
Redevelopment Project ("Project"), and the City Council has since amended said Redevelopment Plan on
July 17, 1979 by Ordinance No, 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994
by Ordinance No. 2585, and on November 8, 1 994 by Ordinance No. 2608; and
WHEREAS, with the approval of a Preliminary Plan on October 7,1997, the City of Chula
Vista Redevelopment Agency ("Agency") is proceeding with the preparation of a fifth amendment to the
Redevelopment Plan for the Bayfront Redeyelopment Project ("Amendment"); and
WHEREAS, in order to implement the Amendment, an Amended Redevelopment Plan has
been prepared, submitted to the Agency by staff, and reviewed by the Agency; and
WHEREAS, in accordance with Section 33352 of the Law, a Report to the City on the
Amended Redevelopment Plan has been prepared, submitted to the Agency by staff and reviewed by the
Agency; and
WHEREAS, pursuant to Section 33356 of the Law the Amended Redevelopment Plan and
the Report to the City Council thereon are to be submitted to the City Council prior to the Agency/City
Council joint public hearing thereon.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista
does hereby
1, Approve and adopt the Report to the City Council for Amendment No, 5 to the
Bayfront Redevelopment Plan in the form presented,
2, Authorize and direct staff to submit the proposed Amended Redevelopment Plan,
and the Report to the City Council for reyiew and consideration at the joint public
hearing on the Amendment,
3, Direct staff to attach the Amended Redevelopment Plan and the Report thereon in
the forms presented as Exhibits "BF-A" and "BF-B" to this Resolution, respectively.
Presented by Approved as to form by
~.~ ß.-
Chris Salomone
Director of Community Development
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RESOLUTION NO, ..L5!L 7
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING ITS REPORT TO THE CITY COUNCIL FOR THE
AMENDMENT NO, 5 TO THE TOWN CENTRE I REDEVELOPMENT PLAN
AND AUTHORIZING SUBMITTAL OF THE REPORT AND THE PROPOSED
AMENDED REDEVELOPMENT PLAN TO THE CITY COUNCIL
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance
No, 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Town Centre I
Redevelopment Project ("Project"), and the City Council has since amended said Redevelopment Plan on
July 17, 1979 by Ordinance No, 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994
by Ordinance No, 2585, and on November 8, 1994 by Ordinance No, 2608; and
WHEREAS, with the approval of a Preliminary Plan on October 7,1997, the City of Chula
Vista Redevelopment Agency (" Agency") is proceeding with the preparation of a fifth amendment to the
Redevelopment Plan for the Town Centre I Redevelopment Project ("Amendment"); and
WHEREAS, in order to implement the Amendment, an Amended Redevelopment Plan has
been prepared, submitted to the Agency by staff, and reviewed by the Agency; and
WHEREAS, in accordance with Section 33352 of the Law, a Report to the City on the
Amended Redevelopment Plan has been prepared, submitted to the Agency by staff and reviewed by the
Agency; and
WHEREAS, pursuant to Section 33356 of the Law the Amended Redevelopment Plan and
the Report to the City Council thereon are to be submitted to the City Council prior to the Agency/City
Council joint public hearing thereon.
NOW, THEREFORE, BE IT RESOLVED the Redevel~pment Agency of the City of Chula Vista
does hereby
1, Approve and adopt the Report to the City Council for Amendment No, 5 to the
Town Centre I Redevelopment Plan in the form presented,
2. Authorize and direct staff to submit the proposed Amended Redevelopment Plan,
and the Report to the City Council for review and consideration at the joint public
hearing on the Amendment,
3. Direct staff to attach the Amended Redevelopment Plan and the Report thereon in
the forms presented as Exhibit "TC-A" and "TC-B" to this Resolution, respectively.
Presented by Approved as to form by
~ ~
Chris Salomone
Director of Community Development
[{PBI H"HOMEICOMMOEV'RESOS'TCI.NOS IJooo 3. 199B ",S3pmll
J-¥
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JOINT REDEVELOPMENT AGENCYICOUNCIL AGENDA STATEMENT
Item 4
Meeting Date 06/09/98
ITEM TITLE: JOINT PUBLIC HEARING: CONSIDERATIDN OF 1) GPA.98.03 AMENDING THE
GENERAL PLAN LAND USE ELEMENT TD INCLUDE "MIXED LAND USE DESIGNATION
AREA" TEXT INCLUDING PROPERTY IN CHULA VISTA BAYFRDNT AND 2)
AMENDMENTS NUMBER FIVE TO THE BAYFRDNT AND TDWN CENTRE I
REDEVELOPMENT PLANS
a) AGENCY RESDLUTION I~~<¡f
CDUNCIL RESOLUTION 1903" CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE TOWN CENTRE I/BAYFRONT
REDEVELOPMENT PLAN AMENDMENTS AND GPA.98.03 (EIR.98.2), ADOPTING THE
FINDINGS OF FACT RELATING TO THE FEASIBILITY OF MITIGATIDN MEASURES
IDENTIFIED IN EIR.98.2, AND ADOPTING A RELATED MITIGATION MONITORING AND
REPORTING PROGRAM
b) COUNCIL RESDLUTION I q 0.3 1 AMENDING THE GENERAL PLAN LAND USE
DESIGNATION FOR THE TIDELANDS PROPERTY LDCATED GENERALLY NORTH OF "J"
STREET, SOUTH OF "G" STREET ANO WEST OF THE MEAN HIGH TIDE LINE FRDM
OPEN SPACE, PARK, RESEARCH & LIMITED MANUFACTURING, VISITDR
CDMMERCIAL, AND GENERAL INDUSTRIAL TO MIXED LAND USE
c) ORDINANCE ól73-V APPROVING AND ADDPTING THE REDEVELOPMENT
PLAN AMENDMENT NO, 5 FOR THE BAYFRONT REDEVELOPMENT PROJECT
d) DRDlNANCE ;¿ 7.3S- APPROVING AND ADOPTING THE REDEVElOPMENT
PLAN AMENDMENT NO, 5 FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT
SUBMITTED BY: Commo""y D~;o"". Di."" ~
REVIEWED BY: Executive Director-W- ~ - (4/Sths Vote: Yes- No.XJ
BACKGROUND:
Approximately one year ago, the City of Chula Vista Redevelopment Agency requested that staff proceed with
amendments to the Bayfront and Town Centre I Redevelopment Projects to extend the project area time
limitations that currently impede the Agency from removing blight and to add the "Tidelands area" (port District
properties) to the Bayfront Project. Subsequently, the firm of Rosenow Spevacek Group, Inc. was hired to
prepare the amendments, the Agency adopted various documents and approved the required activities in relation
to the proposed Amendments, Tonight marks the culmination of the Agency's efforts,
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Page 2, Item -
Meeting Date 06/09/98
In an earlier Agency agenda statement (Item #3 , the Agency authorized submittal of two separate Reports to
the City Council (one for Bayfront and one for Town Centre I) that incorporated many of the previously approved
documents and constitutes the official record that provides the basis for each Redevelopment Plan Amendment.
The Agency and City Council now will be requested to conduct a joint public hearing to consider the proposed
General Plan Amendment and Redevelopment Plan Amendments, and adopt a resolution certifying environmental
documents, The Council then will be requested to adopt the proposed General Plan Amendment (GPA.98.03)
related to the Bayfront Redevelopment Plan and to adopt ordinances approving the proposed Bayfront and Town
Centre I Redevelopment Plan Amendments,
Although the San Diego Unified Port District is not required by law to approve the proposed Bayfront amendment
which adds the Tidelands to the Bayfront Redevelopment Project Area, Port staff has been involved with the
amendment process since inception and has reported that the Port Board of Commissioners concurs with the
proposed Amendment No, 5 to the Bayfront Redevelopment Plan,
RECOMMENDATION:
That the Agency/Council conduct a joint public hearing to consider 1) General Plan Amendment (GPA 98.03)
amending the General Plan land Use Element to include "Mixed land Use Designation Area" text including
property in Chula Vista Bayfront; and 2) amendments No.5 to the Bayfront and Town Centre I Redevelopment
Plans,
That the Agency/Council approve resolution:
a) Certifying EIR.98.2, adopting the findings of fact relating to the feasibility of mitigation measures, and
adopting a mitigation monitoring and reporting program.
That the Council approve resolution:
b) Amending the General Plan land Use Designation for the Tidelands property located generally north of
"J" Street, south of "G" Street and west of the Mean High Tide line from Open Space, Park, Research
and limited Manufacturing, Visitor Commercial, and General Industrial to Mixed land Use.
That the Council approve the first reading of the ordinances approving:
c) the Amended Redevelopment Plan for the Bayfront Redevelopment Project; and
d) the Amended Redevelopment Plan for the Town Centre I Redevelopment Project.
BOARDSICOMMISSIONS RECOMMENDATION:
On April 27, 1998, the Town Centre Project Area Committee held a special meeting and considered the
information in Draft EIR.98,2 and the proposed Town Centre I Redevelopment Plan Amendment No, 5, The
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Page 3. Item -
Meeting Date 06/09/98
Committee voted 4.0 to recommend approval of the proposed Town Centre I Redevelopment Plan Amendment
No, 5 and to report the recommendation to the City Council/Redevelopment Agency at their June 9 joint public
hearing,
On May 27, 1998 the Planning Commission held a public hearing and adopted resolutions recommending that
the Agency/Council adopt resolutions 1) certifying EIR.98.2, adopting the Findings of Fact Relating to the
Feasibility of Mitigation Measures, adopting a Mitigation Monitoring and Reporting Program and amending the
General Plan land use designation for the Tidelands property located generally north of "J" Street, south of "G"
Street and west of the Mean High Tide Line from Open Space, Park, Research & Limited Manufacturing, Visitor
Commercial, and General Industrial to Mixed land Use; 2) adopting amendment No, 5 to the Bayfront
Redevelopment Plan; and 3) adopting amendment No, 5 to the Town Centre I Redevelopment Plan,
DISCUSSION:
Oespite the Agency's best efforts to date, much of the Bayfront and Town Centre I Redevelopment Project Areas
continue to suffer from blighted conditions that cannot be alleviated without Agency assistance through the tools
of redevelopment. In addition, the presence of many serious blighting conditions in the proposed added territory
of the Bayfront Project Area requires a proactive, coordinated redevelopment effort between the Agency and the
Port District to encourage development. The proposed amendments provide the Agency with the legal and
financial tools necessary to encourage economic development, eliminate blight, and correct infrastructure
deficiencies in both Project Areas, Also, since the original Bayfront Redevelopment Plan was established, the
City/Agency and the Port District have developed improved relations which will assist in a cooperative
redevelopment effort within the added area,
The following actions will need to be undertaken to complete the amendment process,
JOINT PUBLIC HEARING
The law requires that the City Council and Agency conduct public hearings on the proposed Amendments,
Because the members of the City Council also sit as members of the Agency, the law permits the convening
of a single, joint public hearing,
At the Joint Public Hearing, the City Council will receive testimony on the following items:
General Plan Amendment (GPA 98.03) in conjunction with the Bayfront Redevelopment Plan
Amendment No,5; and
Proposed Amendments No, 5 to the Bayfront and Town Centre I Redevelopment Plans,
Although not legally required to, the City Council may also take testimony on Environmental Impact Report (EIR.
98.2), Findings of Fact, and Mitigation Monitoring Program, Pursuant to the law, notice of the joint public
hearing was transmitted via first.class mail to all residents, businesses, and property owners in both the Bayfront
and Town Centre I Redevelopment Project Areas, A total of about 2,000 notices were mailed during the weeks
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Page 4, Item -
Meeting Date 06/09/98
of April 27 and May 4, 1998, Also, as required by law, the Agency notified the nine affected taxing agencies
of the joint public hearing by certified mail, return receipt requested, Notice of the joint public hearing was also
published in the Chula Vista Star News for four successive weeks, on May 9, 16, 23, and 30, 199B.
Within the notice of joint public hearing, all residents, businesses, and property owners were invited to attend
community workshops held on May 7 and 21, 1998, In total, approximately 5 people attended the workshops,
during which staff discussed the history of redevelopment in the City and the reasons for the Amendments, and
answered specific questions,
Following public testimony at the joint public hearing, the City Council and Agency are scheduled to consider
a resolution certifying that they have independently reviewed the EIR.98.2, Findings of Fact, and Mitigation
Monitoring Program; the City Council is scheduled to consider a resolution approving General Plan Amendment
98,03 and to adopt ordinances approving the proposed Bayfront and Town Centre I Redevelopment Plan
Amendments.
CERTIFYING ENVIRONMENTAL DOCUMENTS
The proposed redevelopment plan amendments have the potential to result in physical impacts on the environment
only in the 145 acres of additional territory (Tidelands) to be added to the Bayfront Redevelopment Project Area.
The Final Program EIR, therefore, addresses only those environmental impacts associated with application of
redevelopment tools to develop or redevelop property within the tidelands, Additionally, the proposed amendment
to the Bayfront Redevelopment Plan to include this area does not propose any changes in land use,
The EIR provides a program, level analysis of the potential environmental impacts associated with future "worst.
case" development of the parcels within the Tidelands (added area), The worst .case development scenario
assumes development of the entire area at the maximum intensities allowed by existing land use controls, The
governing land use control in the area is the Port Master Plan, The Redevelopment Plan has been prepared to
be consistent with the existing Port Master Plan,
Significant impacts were identified in the areas of soils/geology, drainage/erosion, water quality, flooding, air
quality, noise, transportation and circulation, biological resources, public services, and hazardous materials, All
impacts that were identified as significant have mitigation measures identified which reduce the impacts to a
less than significant level.
On May 27, 1998, the Planning Commission adopted Resolution No, PC.GPA,98.03 recommending that the City
Council certify EIR 98.2,
GENERAL PLAN AMENOMENT
Although the San Diego Unified Port District has land use authority over the tidelands, the City of Chula Vista
General Plan underlies the Port District Master Plan, In 1997, the Port District amended their Master Plan to
allow a mix of land uses within the 145 acres of tidelands proposed to be added to the Chula Vista Bayfront
Redevelopment Project. City staff has reviewed the Master Plan and to ensure consistency with the City's
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Page 5. Item -
Meeting Date 06/09/98
General Plan for the proposed Redevelopment Area expansion (to include 398 acres of Tidelands), an amendment
to the land Use Element and land Use Diagram of the General Plan is proposed. The present land use
designations for the added area include Open Space; Parks and Recreation; Visitor Commercial; Research and
Limited Manufacturing Industrial; and General Industrial,
Added flexibility is being proposed for land uses within the Redevelopment Area expansion by amending the land
Use Element text and Diagram to include the area (Tidelands property) as a "Mixed land Use Area." Additionally,
minor amendments to the text of the land Use Element that differentiate between "Mixed land Use Overlay
Designations" and "Mixed land Use Designation Areas" are proposed, This distinction is slight and identifies
overlays for specific geographic locations where existing land use designations are identified, and designated areas
where the General Plan text describes a specific mix of land uses that are to be implemented through the
adoption of a General Development Plan, Specific Plan or equivalent master plan, land use compatibility will be
assured while permitting maximum flexibility in establishing and implementing the Redevelopment Area Plan,
The proposed mix of land uses identified for the added area include industrial; commercial; professional; business
service; recreation uses and facilities; hotels; restaurants; integrated meeting and conference space; specialized
retail commercial; and business. professional office uses in a campus setting. This is consistent with the planned
land uses identified in the Port. District Master Plan and will ensure consistency with the City's General Plan (see
Attachments 1 and 2),
CITY COUNCIL ORDINANCE
If no written objections are received by the City Clerk at the joint public hearing, the City Council may proceed
with the first reading of the respective ordinances adopting the Amendments following the closure of the joint
public hearing,
Alternatively, pursuant to the law, if the City Council receives written objections to the Amendments at the joint
public hearing, the City Council is to adopt written responses at least one week after the public hearing, If
written objections are received, staff, Agency legal counsel, and the redevelopment consultants will prepare
written responses for City Council consideration on July 16, 1998, Following approval of the written responses,
the City Council may conduct its first reading of the ordinances,
Proposed Redevelopment Plan Amendments
On April 21, 1998, the Agency adopted a resolution circulating draft redevelopment plan amendments to the
Planning Commission and the Town Centre I Project Area Committee for their report and recommendation, (The
Bayfront Project Area does not have a project area committee because committees were not required when the
Area was formed, A Project Area Committee is not required for the added area because the Agency will not
have eminent domain or land use authority in the added area and therefore there is no potential for dislocation
of residents,) On April 27, 1998, the Town Centre I Project Area Committee approved their report recommending
that the City Council adopt the Town Centre I Amendment. The report and recommendation of the Project Area
Committee is contained in the Report to the City Council for the Town Centre I Amendment.
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Page 6. Item -
Meeting Date 06109/98
The Planning Commission reviewed both the Bayfrunt and Town Centre I Amendments at their meeting on May
27, 1998, Included in the Reports to the City Council are the report and recommendations of the Planning
Commission recommending that the City Council adopt both Redevelopment Plan Amendments, and finding that
the Amendments conform to the City's General Plan. Subsequent to the Planning Commission's action, the
Agency received comments on the draft Amended Bayfront Redevelopment Plan from the Port District
recommending clarification of some of the terminology in the Plan, In response to this request, staff incorporated
appropriate language in the enclosed Proposed Amended Plan,
The Bayfront Amendment will result in an amended and restated Redevelopment Plan, while the more.limited
Town Centre I Amendment consists only of specific text amendments with regard to four time limitations in the
existing Town Centre I Redevelopment Plan, As detailed in the respective Reports to the City Council, these
amendments would accomplish the following:
Bayfront Redevelopment Project Amendment No, 5 (see Attachment 3)
1. Enlarae tbe Bavfront Redevelopment Proiect Area: Permit the Agency to undertake necessary
redevelopment activities in the Marina vicinity by adding approximately 398 acres of tidelands
property (145 acres of land area) within the jurisdiction of the San Diego Unified Port District
to existing Bayfront Redevelopment Project Area ("Existing Area"), establishing a 1,035.acre
Bayfront Redevelopment Project Area.
2, Extend Eminent Domain Time Frame within Existina Area: Allow the Agency to continue to
utilize eminent domain, if necessary, to acquire property in the Existing Area by extending the
time limit to commence eminent domain from May 1998 to July 2010,
3. Extend Time Frame to Incur Debt: Enable the Agency to incur new debt to initiate projects in
the Existing Area by extending the time frame within which the Agency may incur indebtedness
from July 1999 to January 2004,
4, Extend Effectiveness of Redevelopment Plan: The Amendment would extend the effectiveness
of the Redevelopment Plan in the Existing Area to July 16, 2014 to allow the Agency to
continue redevelopment activities for an additional 15 years beyond its current limitation,
5, Extend Time Frame to Collect Tax Increment Revenue: In conjunction with the above extension,
the Amendment would also permit the Agency to collect tax increment in the Existing Area for
an additional 15 years beyond the current limit, or until July 16, 2024,
6, Update land Use Provisions: Replace the Existing Redevelopment Plan's Statement of Basic
Objectives, General land Use Plan, and Controls to more comprehensively correlate to the
Agency's current goals, and to provide that land uses in the Project Area are consistent with
the City's General Plan and Title 19 of the Chula Vista Municipal Code, the local Coastal
Program, the Port District's Master Plan, and all other state and local building codes, guidelines,
or specific plans, as they now exist or are hereafter amended,
f-(.
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Page 7, Item -
Meeting Date 06109/98
7, Restate Other Plan Provisions: Restate the remaining provisions of the Existing Redevelopment
Plan,
Town Centre I Redevelopment Project Amendment No, 5 (see Attachment 4)
1. Extend Eminent Domain Time Frame: As of May 22, 1998, the Agency does not have the
authority to commence eminent domain to acquire property within the Town Centre I Project
Area, The Amendment would extend the Existing Plan's eminent domain limitation to July
2010, or 12 years following adoption of the Amendment.
2, Extend Time Frame to Incur Debt Enable the Agency to incur new debt to initiate projects in
the Existing Area by extending the time frame within which the Agency may incur indebtedness
from July 2001 to January 2004,
3, Extend Effectiveness of Redevelopment Plan: The Amendment would extend the effectiveness
of the Redevelopment Plan to July 6, 2016 to allow the Agency to continue redevelopment
activities for an additional 15 years beyond its current limitation,
4, Extend Time Frame to Collect Tax Increment Revenue: In conjunction with the above extension,
the Amendment would also permit the Agency to collect tax increment for an additional 15
years beyond its existing limit, or until July 6, 2026,
Agency approval of the Amendments is required by Section 33351 of the Law in conjunction with submitting
the Amendments to the City Council for consideration at the joint public hearing. The City Council has the final
authority to adopt the Amendments by ordinance following the joint public hearing, and approval of written
responses to any written objections to the Amendments,
FISCAL IMPACT:
Extension of the time frames for both the Bayfront and Town Centre I Projects will provide the Agency 15 more
years to receive revenue, while also collecting tax increment from the proposed added Tidelands properties, If
the amendments are adopted by the City Council approximately $142.4 million increase in projected tax
increment revenue from the Bayfront and Town Centre I Project Areas combined could be realized based on a
5% annual rate of increase on secured assessed values,
The existing Bayfront and Town Centre I Project Areas will continue to accrue 100% of the tax increments to
the Agency until the original project expiration dates (1999 and 2001, respectively), After those dates, the tax
sharing formula mandated by AB 1290 takes effect. However, the added Tidelands area will immediately be
subject to the new tax increment sharing formula.
The total tax revenues expected to be generated from the Bayfront and Town Centre, including the Tidelands
over the extended 15 year period is $142.4 million, 01 this amount, approximately $26,9 million will be paid
to the affected taxing agencies including the School districts and County, In addition, 20% of the total tax
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Page B. Item -
Meeting Date 06109/98
increment, or $28.48 million, will accrue to the Agency's Low/Mod Income Housing Fund. The remaining $87,0
million will be available to the Agency for redevelopment projects,
Of the $115,5 million that will be retained by the Agency, $28,5 million will be set aside in the housing fund
and $87,0 million will be available for projects and repayment of debt incurred to finance projects in the Project
Areas,
The following tables summarize the effects of the amendments on the Agency's projected tax increment revenues,
TOTAL PROJECTED TAX INCREMENT BEGINNING
JULY 1. 1999 TO END OF PROJECT LIFE
WITHOUT WITH
AMENDMENT AMENDMENT DIFFERENCE
TOWN CENTRE I
Projected Tax Increment $18,569,486 $50,579,951 $32,010,465
Less Taxing Agencies Portion 0 (3,712,372) 13,712,372)
PROJECTED TAX INCREMENT RETAINED $18,569,486 $46,867,579 $28,298,093
BAYFRONT (EXISTING AREA)
Projected Tax Increment $31,050,797 $99,787,870 $68,737,073
Less Taxing Agencies Portion 0 (9,600,124) (9,600,124)
PROJECTED TAX INCREMENT RETAINED $31,050,797 $90,187,746 $59,136,949
SA YFRONT (ADDED)
Projected Tax Increment $0 $41,604,101 41,604,101
Less Taxing Agencies Portion 0 113,553,746) (13,553,746)
PROJECTED TAX INCREMENT RETAINED $0 $28,050,355 $28,050,355
TOTAL PROJECTED TAX INCREMENT RETAINED
BY AGENCY $49,620,283 $165,105,680 $115,485,397
Total Projected Tax Increment Retained bV Agency $115,485,397
Total Projected Tax Increment to Taxing Agencies 26,866,242
TOTAL PROJECTED TAX INCREMENT REVENUE $142,351,639
IPBi """OMElCOMMOEVlSTAFF.REPlO'-O9-98\AMENOIJ,", 4.1998 IU'pmll
4-Cf
-., -- . -
PROPOSED
IIMIXED LAND USEII
AREA
SAN DIEGO
BAY
GENERAL PLAN LAND USE
ID!ill!!Jill VISITOR COMMERCIAL
a RETAIL COMMERCIAL
[ZJ THOROUGHFARE COMMERCIAL
[SSJ PROFESSIONAL & ADMINISTRATIVE
. COMMERCIAL
~ GENERAL INDUSTRIAL
r«1 RESEARCH & LIMITED
. '.' MANUFACTURING
I,;: .l:J PARKS
D OPEN SPACE
0 PUBLIC & QUASI PUBLIC
TS TROLLEY STATION CITY OF CHULA VISTA C!)
GENERAL PLAN LAND USE
DESIGNATIONS NORTH
4-1 ATTACHMENT 1
Page 1
-., .. --
PROPOSED
JlMIXED LAND USE" \
AREA \
SAN DIEGO
BAY
GENERAL PLAN LAND USE
- VISITOR COMMERCIAL
~ RET~LCOMMEROAL
[Z] THOROUGHFARE COMMERCIAL
~ PROFESSIONAL & ADMlNISTRAllYE
COMMERCIAL
k~~ GENERALINDUSTRlAL
~ ~S~CH&UM~~
,'. MANUFACTURING
1= .L] PARKS
D OPEN SPACE
~ PUBUC & QUASI PUBUC EXISTING GENERAL PLAN LAND USES
TS TROLLEY STAllON CITY OF CHULA VISTA
GENERAL PLAN LAND USE
DESIGN~IONS NORTH
-It>
ATTACHMENT 2
Amend Chapter 4, Land Use Element, as follows:
4.5 MIXED LAND USE OVERLAYSIDESIGNATIONS
Land use requirements of specified districts are designated through mixed land use overlays.ill
designations and further defined as follows, An overlay is applied where underlying land use
designations exist.
Mixed Land Use ~ Areas
A mixture of specified land uses is encouraged, by use of precise planning, in the following
oyerlay areas of the general plan in order to further the city's objectives, An overlay is applied
where underlving land use designations exist, .
1. Areas surrounding Town Centre I. Either Residential or Professional and Administrative
Office uses or a mixture of both are encouraged in this area, in order to foster urbanity,
townness, and an active support for retail uses on Third Ayenue, These areas are further
defined in the Chula Vista Area Plan, Chapter 10,
2. Iast'!il U¡ban C'iltu in tlK \icin:ity of tlK Ìn1LISèa;ðll of pwposed State; Rötlt' 125 and
Orange; A\,nu" Tlhs area is <ksignaocd fo¡ I'¡:,;onal w:ail, pIöfx;ss;onal and Ildminisliat;,c
offic,s, IlItd medium high a.td high demity .,sid,ntial. A pia.! sLall be de,dop,d
cncOmpllSÛilg !ht; (;11th, site and .dated to tilt; adjll"..t tiS'S. Tl';s a¡,o1 ;.\ further d;s.:nsse;d
in the Ia.lteIll T,,¡;tmÏcs AIea Flan, Chapt,¡ 14, (Moved to following section)
23-. Areas in proximity to the San Diego Trolley Station at E, H and Palomar Streets. A
mixture of land uses are recommended for these areas functionally linked to the transit
facilities in the most effective manner possible.
.3.4. Areas adjacent to Broadway between Flower Street on the north and I Street on the south.
This area is further discussed in Chapter 10, Section 5.4,
:1,5. Areas south of Orange Avenue and adjacent to the OTC site, These areas are intended to
be deyeloped as a Community Activity Center to complement the OTC facility, They are
intended to have a unique, village character, influenced by their proximity to the training
center. Potential uses include: residential, visitor serving, retail and office commercial;
and, public/quasi-public.
5.6 Village Cores on the Otay Ranch Plan, These areas include a mixture of residential,
commercial, educational, and community serving uses, planned and designed as a closely
integrated whole. The residential densities within the Village Core are intended to be
Residential Medium-High (11-18 du/ac), The village cores will serve as focal points for
"villages", (as derIDed under the Residential Low-Medium (Village) plan designation), and
4-11
_.. -- .-
shall be designed to encourage mass transit and non-automotive fOnTIS of transportation,
Village cores are not intended to serve regional or city-wide needs, and shall not be
bisected by or physically oriented toward prime arterials or major streets as identified in
the Circulation Element,
Mixed Land Use Designation Areas
A mixture of specified land uses are desig-nated in the following areas as a result of unique
physical site characteristics or land use relationships depicted on the Land Use Diagram (Figure
1-2) of the General Plan. Implementation of these mixed land use desig-nations are anticipated
throug-h the adoption of a General Development Plan Specific Plan or equivelent master plan.
L Eastern Urban Center in the vicinity of the intersection of proposed State Route 125 and
Orang-e Avenue. This area is designated for regional retail professional and administrative
offices and medium high and high density residential. A plan shall be developed
encompassing- the entire site and related to the adiacent uses. This area is further discussed
in the Eastern Territories Area Plan Chapter 14. (Moved from prior section)
2. Specialty Conference Center on the Otay Ranch, This area consists of the existing Birch
Patrick Estate House and is intended to be used privately and publicly as a conference
center/community center,
1. Tidelands property in the Chula Vista bayfront area. A mixture of land uses are
recommended on Port District-controlled tideland propertY bounded generally on the north
by G Street on the south by J Street on the west by the San Diel1o Bay and on the east
by the mean high tide line. To provide flexibility in master planning this unique area a
broad range of land uses are envisioned including industrial commercial professional
business service and recreation uses and facilities. In addition hotels restaurants
integ-rated meeting- and conference space specialized retail commercial and business-
professional office uses would be allowed in a campus setting, To ensure compatibilitY
and continuity of land uses the City shall coordinate with the Port District on master
planning efforts for this area.
(H, IH 0 MEIPLANNINGID U ANEIMIXED2. GP A)
4-1 2.
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~
.' NORTH
ATTACHMENT 3
Bayfmnt Redevelopment Project Area Map
ROSENOW SPEVqEK GROUP INC.
-1.3
--" .. - .
i
r
,
ATTACHMENT 4
Town Centre I Redevelopment Project Area Map
ROSENOW S P E v 1-- '< Ky R 0 U P I N c.
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AGENCY RESOLUTION NO, ...L..§..X?
and
COUNCIL RESOLUTION NO, ..L!i..Q..3Ce,
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT FOR THE TOWN CENTRE IIBAYFRONT REDEVELOPMENT
PLAN AMENDMENTS AND GPA.98-03 (EIR-98-2), ADOPTING THE
FINDINGS OF FACT RELATING TO THE FEASIBILITY OF
MITIGATION MEASURES IDENTIFIED IN EIR-98-2 AND ADOPTING
A RELATED MITIGATION MONITORING AND REPORTING
PROGRAM
WHEREAS, the Redevelopment Agency and City of Chula Vista have proposed to
amend the City's General Plan pursuant to GPA-98-03 for purposes of bringing the General Plan
into conformance with the Port Master Plan, and to amend the Bayfront and Town Centre
Redevelopment Plans pursuant to proposed Amendments No.5 to each plan, respectively
(collectively, the "Project"); and
WHEREAS, a Notice of Preparation for the Draft EIR on the Project was circulated
for a 30 day public review period on January 16, 1998, in accordance with the requirements of
the California Environmental Quality Act (CEQA), and were delivered via direct mail to property
owners and residents within the defined project boundary and 1,000 feet beyond the boundaries;
and
WHEREAS, a Draft Program EIR was made available for public review, in accordance
with CEQA, from March 9 to April 23, 1998 and notice of availability was provided to interested
parties via direct mail and written comments were accepted during that time period; and
WHEREAS, revisions were made to the Draft Program EIR and responses to public
comment were prepared, both of which comprise the Final Program EIR; and
WHEREAS, Findings of Fact related to the feasibility of mitigation measures for each
significant impact identified in the Program EIR were prepared in accordance with CEQA; and
WHEREAS, a Mitigation Monitoring and Reporting Program for all mitigation
measures identified in the Final Program EIR was prepared in accordance with CEQA; and
WHEREAS, a duly noticed public hearing on the Project was held on June 9, 1998
at which all public testimony was taken and considered by the Agency and City Council; and
WHEREAS, the Redevelopment Agency, as lead agency, and the City Council, as
responsible agency, have each used its independent judgement in reviewing the Program EIR and
related documents,
4- q
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NOW, THEREFORE, the Redeyelopment Agency and the City Council of the City of
Chula Vista do hereby resolve as follows:
1) The Redevelopment Agency, as lead agency, and the City Council, as responsible
agency, do hereby certify the Final Program Environmental Impact Report for GPA-
98-03 and the Bayfront and Town Center I Redevelopment Plan Amendments (EIR-
98-2) in the form presented,
2) The Finding of Fact relating to the feasibility of mitigation measures for EIR-98-2
are hereby adopted in the form presented.
3) The Mitigation Monitoring and Reporting Program to implement the mitigation
measures identified in EIR-98-2 is hereby adopted in the form presented,
Presented by Approved as to form by
GL ('
~~ /
Chris Salomone
Director of Community Development
IIJMI H,\HOMEICOMMDEV\RESOS\BFTC1.ENV IJu", 4. 199B [1loS5pm))
4-10
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RESOLUTION NO, .J.!l...Q.3 Î
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE GENERAL PLAN LAND USE DESIGNATION
FOR THE TIDELANDS PROPERTY LOCATED GENERALLY NORTH
OF "J" STREET, SOUTH OF "G" STREET AND WEST OF THE MEAN
HIGH TIDE LINE FROM OPEN SPACE, PARK, RESEARCH & LIMITED
MANUFACTURING, VISITOR COMMERCIAL AND GENERAL
INDUSTRIAL TO MIXED LAND USE
WHEREAS, the City of Chula Vista initiated an amendment to the General Plan
(GPA-98-03) for approximately 145 acres of land area located generally north of "J" Street, south
of "G" Street and west of the Mean High Tide Line; and
WHEREAS, the General Plan designations are proposed to change from Open Space,
Park, Research & Limited Manufacturing, Visitor Commercial and General Industrial to Mixed Land
Use and said amendment would provide consistency between the Port District Master Plan and
the General Plan for this area; and
WHEREAS, GPA-98-03 was one of the discretionary actions considered in EIR-98-2,
which also analyzed proposed amendments to the Bayfront and Town Centre I Redevelopment
Project Areas; and
WHEREAS, the City of Chula Vista Planning Commission held a duly called and
noticed public hearin9 on the proposed GPA-98-03 on May 27, 1998 in order to receive the staff
recommendation and to hear public testimony on the proposed GPA-98-03; and
WHEREAS, the Planning Commission determined that proposed General Plan
Amendment (GPA-98-03) is internally consistent and shall remain internally consistent with the
City of Chula Vista General Plan and that the public necessity, convenience, general welfare and
good zoning practice support the change in the land use designation from Open Space, Park,
Research & Limited Manufacturing, General Industrial and Visitor Commercial to Mixed Land Use;
and
WHEREAS, the Planning Commission recommended that the City Council adopt
Resolution No, GPA-98-03 recommending that the City Council certify EIR-98-2; adopting the
Findings of Fact Relating to the Feasibility of Mitigation Measures; adopting a Mitigation Monitorin9
and Reporting Program; and amendin9 the General Plan land use desi9nation for the Tidelands
property located generally north of "J" Street, south of "G" Street and west of the Mean High Tide
Line from Open Space, Park, Research & Limited Manufacturing, Visitor Commercial, and General
Industrial to Mixed Use; and
WHEREAS, the City Clerk set the time and place for a hearing on said General Plan
Amendment and notice of said hearing, together with its purpose, was given by publication in a
newspaper of general circulation in the City and mailing to property owners within 500 feet of the
exterior boundaries of the property on May 8, 1998; and
WHEREAS, the City Council held the duly called and noticed public hearing on June
9, 1998 to receive staff recommendation and to hear public testimony on the proposed GPA-98-
03.
4-11
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WHEREAS, pursuant to Joint City/Agency Resolution Nos. 19036 and 1588, the
Agency, as lead agency, and the City Council, as responsible agency, have jointly certified EIR-98-
2, made the necessary CEQA findings with respect thereto and adopted the Mitigation Monitoring
and Reporting Program prepared in connection therewith; and
WHEREAS, the City council has reviewed. taken and considered public testimony
on, and decided to approve GPA-98-03,
NOW THEREFORE, the City council does hereby resolve as follows:
1, Certification of Compliance with CEQA.
The City Council does hereby adopt and incorporate herein by this reference
Resolution Nos. 19036 and 1588 of the City Council and the Redevelopment
Agency certifying EIR-98-2, and adopting the related CEQA Findings and Mitigation,
Monitoring and Reporting Program presented in connection therewith.
2. General Plan As Amended Internally Consistent.
The City Council hereby finds and determines that GPA-98-03 is internally
consistent and shall remain internally consistent with the City of Chula Vista
General Plan and that the public necessity, convenience, general welfare and good
zoning practice support the change in the land use designation form Open Space,
Park, Research & Limited Manufacturing, General Industrial and Visitor Commercial
to Mixed land Use,
3. Approval of Amendment.
The Chula Vista General Plan and land Use Diagram is hereby amended as set forth
on Attachments 1 and 2 hereto.
Presented by Approved as to form by
(!L. S--oY~ '
/
Chris Salomone
Director of Community Development
IIpb) H.IHOMElCOMMDEVIRESOSlgpe-9B.03.", (Jooe 4. 199B "2.52pm)]
4-(J-
PROPOSED
IIMIXED LAND USE"
AREA
SAN DIEGO
BAY
GENERAL PLAN LAND USE
8Jill YISITOR COMMERCIAL
B RETAIL COMMERCIAL """'TIN.
[Z] THOROUGHFARE COMMERCIAL cow.","
[SS3 PROFESSIONAL & ADMINISTRATIVE
COMMERCIAL
~ GENERAL INDUSTRIAL
t;a.1 RESEARCH & LIMITED
/ MANUFACTURING
I;~ .£.] PARKS
D OPEN SPACE
~ PUBLIC & QUASI PUBLIC
Ts TROLLEY STATION CITY OF CHULA VISTA Œ)
GENERAL PLAN LAND USE
DESIGNATIONS NORTH
4-13 ATTACHMENT 1
--
ATTACHMENT 2
Amend Chapter 4, Land Use Element, as follows:
4.5 MIXED LAND USE OVERLAYSIDESIGNATION,S
Land use requirements of specified districts are designated through ~ land use overlays.ill'
desi¡¡nations and further defined as follows. An overlay is applied where underlyin¡¡ land use
desi¡¡nations exist.
Mixed Land Use ~ Areas
A mixture of specified land uses is encouraged, by use of precise planning, in the following
overlay areas of the general plan in order to further the city's objectives, An overlay is applied
where underlyin¡¡ land use desi~nations exist. .
1. Areas surrounding Town Centre I. Either Residential or Professional and Administrative
Office uses or a mixture of both are encouraged in this area, in order to foster urbanity,
townness, and an active support for retail uses on Third Avenue, These areas are further
defIned in the Chula Vista Area Plan, Chapter 10.
2. Laste;!n Urban Caller in the; ,kinit, öf the; Í11ocrscctiö.1 of P!öpöscd Staoc Rötlte 115 and
OIAnge A,ennc This a,CA is ocsigrurtcd fx;1 regional ,aÚl, pröfc3sioJlai and adü!i:nistrati,e
off-iees, and medium high and high cte;mity reside;ntiAI. A plan ShAll be de,doped
encompassing the; entire Sd.:; and rdated to tllG .wja-ce-ut tlses, This A,ca is furt:l,e, disCtlsscd
in the LaMern TeuÎtðlÎCs A,eA Flan, Chapoc, 14. (Moved to following section)
2:Y, Areas in proximity to the San Diego Trolley Station at E, H and Palomar Streets. A
mixture of land uses are recommended for these areas functionally linked to the transit
facilities in the most effective manner possible,
3,4. Areas adjacent to Broadway between Flower Street on the north and I Street on the south,
This area is further discussed in Chapter 10, Section 5.4.
4:5, Areas south of Orange Avenue and adjacent to the OTC site, These areas are intended to
be developed as a Community Activity Center to complement the OTC facility, They are
intended to have a unique, village character, influenced by their proximity to the training
center. Potential uses include: residential, visitor serving, retail and office commercial;
and, public/quasi-public,
~6 Village Cores on the Otay Ranch Plan, These areas include a mixture of residential,
commercial, educational, and community serving uses, planned and designed as a closely
integrated whole. The residential densities within the Village Core are intended to be
Residential Medium-High (11-18 du/ac), The yillage cores will serve as focal points for
"villages", (as defIned under the Residential Low-Medium (Village) plan designation), and
4-1<1
--
shall be designed to encourage mass transit and non-automotive forms of transportation,
Village cores are not intended to serve regional or city-wide needs, and shall not be
bisected by or physically oriented toward prime arterials or major streets as identified in
the Circulation Element.
Mixed Land Use Designation Areas
A mixture of specified land uses are designated in the following areas as a result of unique
physical site characteristics or land use relationships depicted on the Land Use Diagram <Fi~re
1-2) of the General Plan. Implementation of these mixed land use designations are anticipated
through the adoption of a General Development Plan Specific Plan or eq,uivelent master plan
L Eastern Urban Center in the vicinity of the intersection of proposed State Route 125 and
Orange Avenue, This area is designated for regional retail professional and administrative
offices and medium high and high density residential. A plan shall be developed
encompassing the entire site and related to the adjacent uses This area is further discussed
in the Eastern Territories Area Plan Chapter 14, (Moved from prior section)
2. Specialty Conference Center on the Otay Ranch, This area consists of the existing Birch
Patrick Estate House and is intended to be used privately and publicly as a conference
center/community center,
.3... Tidelands property in the Chula Vista bayfront area. A mixture of land uses are
recommended on Port District-controlled tideland property bounded generally on the north
by G Street on the south by J Street on the west by the San Diego Bay and on the east
by the mean high tide line. To provide flexibility in master planning this unique area a
broad range of land uses are envisioned including industrial commercial professional
business service and recreation uses and facilities, In addition hotels restaurants
integrated meeting and conference space specialized retail commercial and business-
professional office uses would be allowed in a campus setting. To ensure compatibility
and continuity of land uses the City shall coordinate with the Port District on master
planning efforts for this area,
(H, IHOMEIPLANNIN GID U ANEIMIXED2. G P A)
4 -IS-
ORDINANCE NO, c21~~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN AMENDMENT NO, 5 FOR THE
BA YFRONT REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Chula Vista (the "City Council") adopted
Ordinance No, 1541 on July 16, 1974, approying and establishing the Redevelopment Plan for
the Bayfront Redevelopment Project ("Project"), and the City Council has since amended said
Redevelopment Plan on July 17, 1979 by Ordinance No, 1872, on April 22, 1986 by Ordinance
No, 2146, on January 4, 1994 by Ordinance No, 2585, and on November 8, 1994 by Ordinance
No, 2608 (as heretofore amended, the "Existing Redevelopment Plan"); and
WHEREAS, the Existing Redevelopment Plan includes provisions pertaining to such
items as land use, the potential acquisition of property, and the use of tax increment financing in
relation to that certain area designated in the Existing Redevelopment Plan as the "Project Area"
(which shall be referred to herein as the "Original Area"); and
WHEREAS, the City Council proposes to adopt Amendment Nurnber 5 to the Bayfront
Redevelopment Project in the form submitted herewith, which is hereby incorporated by
reference, The Plan Amendment applies both to the Original Area and the Added Area (which
are collectively referred to below as the "Amended Project Area"), The Existing Redevelopment
Plan as amended by the Plan Amendment shall constitute the "Amended Redevelopment Plan";
and
WHEREAS, the Chula Vista Redevelopment Agency (the "Agency") is a duly constituted
redeyelopment agency under the laws of the State of California; and
WHEREAS, on April 21, 1998 the Redevelopment Agency and City Council, among
other things (1) directed staff to transmit the draft Plan Amendment to the Plarnring Commission
for its recommendation and report, (2) directed staff to transmit the draft Plan Amendment and
Preliminary Report thereon to the affected taxing agencies, and (3) set a June 9, 1998 as the date
for a joint public healing before the Agency and the City Council to consider the proposed plan
amendment; and
WHEREAS, the City Council has received the proposed Plan Amendment from the
Agency, together with the Agency's Report to the City Council (the "Report to Council")
required pursuant to Section 33352 of the Community Redeyelopment Law, California Health and
Safety Code Sections 33000, et seq, (the "Community Redevelopment Law"), which includes the
reasons for the proposed Plan Amendment and the selection of the territory proposed to be added
to the Original Area (which area proposed to be added constitutes the "Added Area"), a
description of the physical and economic conditions existing in the Added Area, an explanation of
why the elimination of blight and the redevelopment of the Added Area cannot reasonably be
expected to be accomplished by private enterprise acting alone or by the use of financing
589676.2\24036.0001
06/04/98 1256 -1-
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alternatives other than tax increment financing, the proposed method of financing the
redeyelopment of the Added Area, the reasons for the amendment of the Existing Redeveloprnent
Plan as applicable to the Original Area, a plan for the relocation of families and persons who
may be temporarily or permanently displaced from housing facilities in the Added Area, an
analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of
the City of Chula Vista (the "City") as to the conformity of the Amended Redevelopment Plan
with the City's General Plan, an enyironrnental impact report on the Amended Redevelopment
Plan (the "Final ErR"), the report of the county fiscal officer and the Agency's analysis thereof,
a Neighborhood Irnpact Report describing the impact of the Amended Redeyelopment Plan upon
the residents of the Added Area and the surrounding areas, and a summary of consultations with
taxing agencies; and
WHEREAS, the Planning Commission of the City of Chula Vista ("Planning
Commission"), after a duly noticed public hearing held on May 27, 1998, recommended the
approval of the Plan Amendment; and
WHEREAS, the Planning Commission has submitted to the City Council its report and
recommendations concerning the Amended Redeyelopment Plan recommending its approval and
certifying that the Amended Redevelopment Plan conforms to the General Plan for the City; and
WHEREAS, the City Council and the Agency held a joint public hearing on June 9, 1998
on the adoption of the Amended Redevelopment Plan; and
WHEREAS, notice of said hearing was duly and regularly published in a newspaper of
general circulation in the City, once a week for four successive weeks prior to the date of said
hearing, and a copy of said notice and an affidavit of publication are on file with the City Clerk
and the Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by first-class mail to
the last known assessee of each parcel of land in the Amended Project Area at his or her last
known address as shown on the last equalized assessment roll of the County of San Diego; and
WHEREAS, copies of the notice of the joint public hearing were mailed by first-class
mail to all residents and businesses in the Amended Project Area at least thirty (30) days prior to
the hearing; and
WHEREAS, copies of the notice of the joint public hearing were mailed by certified mail
with return receipt requested to the goyerning body of each taxing agency which receives taxes
from property in the Amended Project Area; and
WHEREAS, the Agency and the City have each independently found and determined that,
for certain significant effects identified by the Final EIR, mitigation measures and a Mitigation
Monitoring Plan therefor haye been required in, or incorporated into, the Amended
Redevelopment Plan which avoid 01 substantially lessen such effects to a leyel of insignificance;
and
589676.2\24036.0001
06104/98 II :03 -2-
4-/7
WHEREAS, the Agency and City have each independently found and determined that
potential mitigation rneasures or project alternatives not incorporated into the Amended
Redevelopment Plan (including the "No Project" alternatiye) were rejected as infeasible based
upon specific enyironmental, economic, legal, social, technological or other considerations as set
forth in the Final EIR; and
WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have
certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section
21151 and Section 33352 of the Community Redeyelopment Law; and
WHEREAS, the City Council has considered the report and recommendation of the
Planning Commission, the Report to Council, the Amended Redevelopment Plan and its
economic feasibility, and the Final EIR, has proyided 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 Amended Redevelopment Plan and has made written findings in response to each
written objection of an affected property owner and taxing entity filed with the City Clerk before
the hour set for such joint public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
Section I, The purposes and objectives of the City Council with the Plan Amendment
with respect to the Amended Project Area are to accomplish the following:
1. Encourage the redeyelopment of the Amended Project Area subject to and
consistent with the City's General Plan and, as applicable, the San Diego
Unified Port District's Port Master Plan, as amended, and/or specific
development plans as may be adopted from time to time through the
cooperation of priyate enterprise and public agencies,
2, Mitigate and prevent the spread of physical and economic conditions that
have contributed to the lack of proper utilization of the Added Area and
the Original Area, including Port District tidelands in Chula Vista which
are underutilized relatiye to other tidelands in National City, San Diego,
and Coronado, and stimulate investment of the priyate sector in the full
development of the Amended Project Area,
3, Continue a comprehensiye redevelopment program to mitigate and preyent
the spread of ongoing physical and economic conditions that have
contributed to the lack of proper utilization of the Original Area, which
conditions were documented in the original Redevelopment Plan adopted in
1974 and which continue to characterize and burden the Existing Project
Area, in order to facilitate viable development activities,
4, Provide public infrastructure improyements to address existing circulation,
parking, and freeway access deficiencies, including street alignment
problems, substandard vehicular and pedestrian circulation, and insufficient
589676.2\24036.0001
06104/98 11 :03 -3-
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off-street parking within the Amended Project Area, which improyements
are sensitiye to the unique environmental qualities of the Amended Project
Area,
5, Provide for public facility projects to address the shortage of civic,
recreational, cultural and other community facilities serying the Amended
Project Area, and to encourage tourism through the deyelopment of high
quality hotels, motels, restaurants and meeting facilities,
6. Provide funds to assist in land acquisition or construction of on- and off-
site infrastructure improvements, and to provide assistance oyer the life of
the Amended Redeyelopment Plan to facilitate the rehabilitation of these
structures, thus enabling the redeyelopment of substandard properties in a
manner consistent with the General Plan.
7, Provide for the enhancement and renovation of businesses within the
Amended Project Area to promote their economic viability, and encourage
the cooperation and participation of property owners, business persons,
public agencies and community organizations in the reyitalization of the
Amended Project Area,
8, Expand the resource of developable land by making underutilized land
available for redevelopment, and by renovating and restoring sites
characterized by deficiencies including soils conditions and drainage
conditions which render priyate development infeasible or impractical.
9, Increase, improve and pæserye the community's supply of affordable
housing for yery low, low, and moderate income households and satisfy
the housing needs and desires of various age and income groups of the
community,
10, Create physical buffers to ameliorate the adverse effects of changing land
uses, discourage spot zoning and piecemeal planning, and achieve an
environment æflecting a high leyel of concern for architectural,
landscaping, and urban design standards appropriate to the objectives of
the Amended Redeyelopment Plan,
II. Establish a new 12-year time period to commence eminent domain
activities for the Amended Project Aæa, to enable the Agency to continue
to effectiyely implement projects involying land assembly through all
means, including eminent domain as a last resort.
12. Extend the time frame to incur debt from July 1999 to January 2004,
pursuant to the Community Redevelopment Law, to ensure the Agency's
ability to incur debt necessary to initiate new redevelopment projects or
programs in the Amended Project Area,
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13, Extend the effectiveness of the Redevelopment Plan, as amended by the
Plan Arnendment, frorn July 1999 to July 2014, pursuant to the
Community Redeyelopment Law, to enable the Agency to continue an
active redeyelopment program an additional fifteen years,
14, Extend the time period for Agency collection of tax increment revenue
from 2011 to July 2024, to continue to allow a means of financing public
improvements and redeyelopment activities throughout the term of the
Amended Redeyelopment Plan,
Section 2, The City Council hereby finds and determines, based on the evidence in
the record, including, but not limited to, the Report to Council and all documents referenced
therein, and evidence and testimony receiyed at the joint public hearing on the adoption of the
Amended Redevelopment Plan that:
A, The Added Area is a blighted area, the redeyelopment of which is necessary to
effectuate the public purposes declared in the Community Redevelopment Law.
This finding is based on the following conditions which characterize the Added
Area:
1. The Added Area is predominantly urbanized, as eyidenced by the fact that
84,5% of the land area is either currently developed or is an integral part
of an urban area in that it is surrounded by deyeloped parcels on three or
more sides,
2, The presence or suspected presence of hazardous materials within the soil
and groundwater, which have impaired property values and hindered
development and utilization of the land within the Added Area, as
evidenced by the Final Enyironmental ImDact ReDort for the Chula Vista
Business Park ExDansion and Port Master Plan Amendment (September
1997, KEA Environmental), a "Cleanup and Abatement Order" (CAO98-
08) issued by the State Water Resources Control Board to B.F, Goodrich,
and interyiews with City of Chula Vista Community Development and San
Diego Unified Port District (SDUPD) officials.
3, Excessive vacant lots and underutilization of real property compared with
similarly situated tideland property in the area, more specifically a 60%
vacancy rate within the Added Area.
4, The existence of incompatible land uses, particularly the presence of older,
heayy and light industrial land uses dominating the Added Area, which has
led to a lack of interest by the priyate development community in investing
in the Added Mea,
5, The lack of adequate circulation, which is constrained by poor east-west
yehicular access that prohibits conyenient local and regional access to
retail, recreational, and industrial uses in the Added Area.
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6, Low land values and lease rates compared to other properties within the
vicinity of the Added Area, specifically an average lease rate as much as
50% below the market rate in comparable locations, due to the physical
and economic conditions present in the Added Area, which render the
Added Area economically unattractive for private development or
rehabilitation,
Such conditions are so prey alent and substantial in the Added Area that they are
causing and will increasingly cause a reduction and lack of proper utilization of
the Added Area to such an extent that it constitutes a serious physical and
economic burden on the community which cannot reasonably be expected to be
reversed or alleyiated by private enterprise 01 governmental action, or both,
without redevelopment, thus requiring redevelopment in the interest of the health,
safety and general welfare of the people of the City and the State. Evidence
supporting this finding includes the fact that governmental action available to the
City without redeyelopment would be insufficient to cause any significant
correction of the blighting conditions, and that the nature and costs of the public
improyements and facilities and other actions required to correct the blighting
conditions are beyond the capacity of the City and cannot be undertaken or borne
by private enterprise acting alone or in concert with ayailable governmental action.
B, Significant blight remains in the Original Area, and this blight cannot be
eliminated without the establishment of additional debt and the utilization
of additional tax increment reyenues,
C, The Amended Redeyelopment Plan will redevelop the Amended Project
Area in conformity with the Community Redevelopment Law and in the
interests of the public peace, health, safety and welfare, Evidence
supporting this finding includes the fact that the purposes of the
Community Redevelopment Law would be attained through the
implementation of the Amended Redevelopment Plan; by the elimination of
the physical and economic blighting conditions which exist in the Added
Area and conditions of blight, as earlier identified, which persist in the
Original Area; by the replanning, redesign and/or redeyelopment of areas
which are stagnant or improperly utilized, and which could not be
accomplished by priyate enterprise or governmental action, or both,
without redeyelopment; by protecting and promoting sound development
and redevelopment of the Amended Project Area and the general welfare
of the citizens of the City by remedying such injurious conditions through
the employment of all appropriate means,
D, The adoption and carrying out of the Amended Redeyelopment Plan is
economically sound and feasible, Evidence supporting this finding
includes the fact that under the Amended Redevelopment Plan the Agency
will be authorized to seek and utilize a yariety of potential financing
resources, including property tax increment, interest income, Agency
bonds, loans from private institutions, proceeds from the sale or lease of
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property, financial assistance from the City, County, State of California,
Federal Government or any other public agency, or any other legally
available source; that the nature and timing of redevelopment assistance
will depend on the amount and ayailability of such financing resources,
including tax increment, generated by new inyestment in the Amended
Project Area; and that the financing plan included within the Report to
Council demonstrates that sufficient financial resources will be available to
carry out the Amended Redevelopment Plan.
E, The Amended Redevelopment Plan conforms to the General Plan of the
City, including, but not limited to, the housing element of the General
Plan, 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 upon the text of the
Amended Redevelopment Plan as well as the report of the Planning
Commission that the Amended Redevelopment Plan conforms to the
General Plan,
F, The carrying out of the Amended Redevelopment Plan will promote the
public peace, health, safety and welfare of the community and will
effectuate the purposes and policies of the Community Redeyelopment
Law, Evidence supporting this finding includes the fact that
redeyelopment will benefit the Amended Project Area by correcting
conditions of blight and by coordinating public and priyate actions to
stimulate deyelopment and improve the economic and physical conditions
of the Amended Project Area,
G, The Agency has adopted a feasible method and plan for the relocation of
families and persons who might be displaced temporarily or permanently
from housing facilities in the Amended Project Area, The Agency also
has a feasible method and plan for its relocation of businesses. Evidence
supporting this finding includes the fact that the Agency has adopted a
method of relocation for the Amended Project Area which sets forth a plan
for relocation of families and persons who may potentially be displaced by
Agency projects, and upon the fact that the Amended Redevelopment Plan
provides for relocation assistance according to law, and the fact that such
assistance, including relocation payments, constitutes a feasible method for
relocation,
H, There are, or shall be provided, within the Amended Project Area or
within 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 who might be displaced from
the Amended Project Area, decent, safe and sanitary dwellings equal in
number to the number of and ayailable to such displaced families and
persons and reasonably accessible to their places of employment,
Eyidence supporting this finding includes the information contained in the
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06/04/98 11:03 -7-
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Report to Council that if families or persons were to be displaced there are
sufficient existing dwellings which would be ayailable to persons displaced
by the implementation of the Amended Redeyelopment Plan,
I. Families and persons shall not be displaced prior to the adoption of a
relocation plan pursuant to Sections 33411 and 33411,1 of the Community
Redevelopment Law, and dwelling units housing persons and families of
low or moderate income shall not be rernoyed or destroyed prior to the
adoption of a replacement housing plan, Evidence supporting this finding
includes the fact that the Amended Redevelopment Plan requires the
Agency to adopt such a plan prior to any such displacement.
J, All noncontiguous areas of the Added Area are either blighted or necessary
for effective redevelopment and are not included for the purpose of
obtaining the allocation of taxes from the area pursuant to Section 33670
of the Community Redevelopment Law without other substantial
justification for their inclusion, This finding is based upon the information
set forth in the Report to Council and other eyidence in the record,
K. Inclusion of any lands, buildings, or improvements which are not
detrimental to the public health, safety or welfare is necessary for the
effective redevelopment of the entire area of which they are a part, and
any such area is not included solely for the purpose of obtaining the
allocation of tax increment revenues from such area pursuant to Section
33670 of the Community Redevelopment Law without other substantial
justification for its inclusion. Eyidence supporting this finding includes the
fact that all properties within the Added Area boundaries were included
because they were underutilized because of blighting influences, or were
affected by the existence of blighting influences, or were necessary either
to accomplish the objectives and benefits of the Amended Redevelopment
Plan or because of the need to impose uniform requirements on the Added
Area as a whole, Such properties will share in the benefits of the
Amended Redevelopment Plan,
L. The elimination of blight and the redeyelopment of the Amended Project
Area could not reasonably be expected to be accomplished by private
enterprise acting alone without the aid and assistance of the Agency.
Evidence supporting this finding includes the existence of blighting
influences as set forth in the Report to Council, and the inability and/or
unwillingness of indiyidual owners and developers to economically remoye
these blighting influences without substantial public assistance.
M, The Added Area is a predominantly urbanized area, Eyidence supporting
this finding includes the information set forth in the Report to Council and
the Preliminary Report for the Amended Redeyelopment Plan, which
demonstrates that not less than eighty percent (80%) of the land in the
Added Area:
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1. Has been or is deyeloped for urban uses; or
2. Is characterized by the existence of subdivided lots of irregular
form and shape and inadequate size for proper usefulness and
development that are in multiple ownership; or
3. Is an integral part of one or more areas developed for urban uses
which are surrounded or substantially surrounded by parcels which
haye been developed for urban uses,
N. The time limitation on the allocation of dollars to the Agency as contained
in the Amended Redevelopment Plan is reasonably related to the proposed
projects to be implemented in the Amended Project Area and to the ability
of the Agency to eliminate blight within the Amended Project Area, This
finding is based upon the fact that the time limitation contained in the
Amended Redevelopment Plan is consistent with Section 33333.6 of the
Community Redevelopment Law and is further consistent with the number
of dollars to be allocated to the Agency, the anticipated costs of the public
improvement projects proposed to be undertaken by the Agency pursuant
to the Amended Redeyelopment Plan, and the anticipated time for the
Agency to undertake such projects,
Section 3. The City Council is satisfied that permanent housing facilities will
be available within three years from the time residential occupants of the Amended Project Area,
if any, are displaced, and that pending the deyelopment of such facilities, there will be available
to any such displaced residential occupants temporary housing facilities at rents comparable to
those in the City at the time of their displacement. Eyidence supporting this finding includes the
City Council's finding that no persons or families of low and moderate income shall be displaced
from residences urness and until there is a suitable housing unit ayailable and ready for
occupancy by such displaced persons or families at rents comparable to those at the time of their
displacement. Such housing units shall be suitable to the needs of such displaced persons or
families and must be decent, safe, sanitary and otherwise standard dwellings,
Section 4. All written objections to the Amended Redevelopment Plan filed
with the City Clerk before the hour set for hearing and all written and oral objections presented
to the City Council at the hearing haye been considered by the City Council. All written
objections received from property owners and affected taxing agencies have been considered by
the City Council and have been responded to in writing, Any and all such objections are hereby
overruled,
Section 5, The Final EIR for the Amended Redevelopment Plan, a copy of
which is on file in the office of the Agency and in the office of the City Clerk, haying been duly
reyiewed and considered, is hereby incorporated into this Ordinance by reference and made a
part hereof. All activities undertaken by the Agency and/or the City pursuant to or in
implementation of the Amended Redevelopment Plan shall be undertaken in accordance with the
mitigation measures and Mitigation Monitoring Plan set forth in the Final EIR, and the Agency
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shall undertake such additional enyironmental review or assessment as necessary at the time of
the proposed implementation of such activities,
Section 6, That certain Plan Amendment for the Bayfront Redeyelopment
Project, the map contained therein, and such other reports as are incorporated therein by
reference, a copy of which is on file in the office of the Agency and the office of the City Clerk,
haYing been duly reyiewed and considered is hereby incorporated into the Existing
Redeyeloprnent Plan, and is also incorporated by reference and made a part of this Ordinance,
The Amended Redevelopment Plan is approved and adopted as the official redevelopment plan
for the Amended Project Area,
Section 7, In order to implement and facilitate the effectuation of the
Amended Redevelopment Plan hereby approyed, this City Council hereby: (a) pledges its
cooperation in helping to carry out the Amended Redeyelopment Plan, (b) requests the various
officials, departments, boards, and agencies of the City having administrative responsibilities in
the Amended Project Area likewise to cooperate to such end and to exercise their respective
functions and powers in a manner consistent with redeyelopment of the Arnended Project Area,
(c) stands ready to consideI and take appropriate action upon proposals and measures designed to
effectuate the Amended Redevelopment Plan, and (d) declares its intention to undertake and
complete any proceeding, including the expenditure of moneys, necessary to be carried out by the
City under the provisions of the Amended Redeyelopment Plan,
Section 8, The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency, whereupon the Agency is yested with the responsibility for carrying
out the Amended Redevelopment Plan.
Section 9, The City Clerk is hereby directed to record with the County
RecordeI of San Diego County a description of the land within the Added Area and a statement
that proceedings for the redevelopment of the Added Area haye been instituted under the
Community Redevelopment Law,
Section 10, The Building Department of the City is hereby directed for a
period of two (2) years after the effective date of this Ordinance to advise all applicants for
building permits within the Added Area that the site for which a building permit is sought for the
construction of buildings or for other improvements is within a redevelopment project area,
Section II. The City Clerk is hereby directed to transmit a copy of the
description and staternent recorded by the City Clerk pursuant to Section 9 of this Ordinance, a
copy of this Ordinance, and a map or plat indicating the boundaries of the Added Area, to the
Auditor-Controller and Assessor of the County of San Diego, to the govenring body of each of
the taxing agencies which receives taxes from property in the Added Area, and to the State Board
of Equalization, within thirty (30) days following the adoption of the Amended Redevelopment
Plan,
Section 12. The City Clerk is hereby authorized and directed to certify to the
passage of this Ordinance and to cause the same or a summary hereof to be published in a
newspaper of general circulation which is published and circulated in the City,
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Section 13, If any part of this Ordinance or the Amended Redevelopment Plan
which it approves is held to be invalid for any reason, such decision shall not affect the validity
of the remaining portion of this Ordinance or of the Amended Redevelopment Plan, and this City
Council hereby declares that it would have passed the remainder of the Ordinance or approved
the remainder of the Amended Redevelopment Plan if such invalid portion thereof had been
deleted,
Section 14, This Ordinance shall be in full force and effect thirty (30) days
after passage,
[SIGNATURE PAGE FOLLOWS]
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Introduced and first read at a regular meeting of the City Council of the City of
Chula Vista held the - day of , 1998, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the - day of , 1998,
by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
@¡Ç~ .
CW Atto OJ ~
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ORDINANCE NO, ~73S-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN AMENDMENT NO, 5 FOR THE
TOWN CENTER I REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Chula Vista (the "City Council") adopted
Ordinance No, 1691 on July 6, 1976, appIOving and establishing the Redeyelopment Plan for the
Town Center I Redevelopment Project (the "PIOject") and the City Council has since amended
said Redevelopment Plan on July 17, 1979 by Ordinance No, 1872, on April 22, 1986 by
Ordinance No, 2146, on January 4, 1994 by Ordinance No, 2585, and on November 8, 1994 by
Ordinance No, 2609 (as heretofore amended, the "Existing Redevelopment Plan"); and
WHEREAS, the City Council pIOposes to adopt Amendment Number 5 to the Town
Center I Redevelopment Plan (the "Plan Amendment") in the form submitted herewith and hereby
incorporated herein by reference, The Existing Redevelopment Plan as amended by the Plan
Amendment shan constitute the "Amended Redevelopment Plan", No changes to the territory of
the redevelopment pIOject area as heretofore established under the Existing Redeyelopment Plan
(the "PIOject Area") are pIOposed at this time by the Plan Amendment; and
WHEREAS, the Chula Vista Redevelopment Agency (the "Agency") is a duly constituted
redevelopment agency under the laws of the State of California; and
WHEREAS, on April 21, 1998 the Redevelopment Agency and City Council, among
other things (I) directed staff to transmit the draft Plan Amendment to the PIOject Area
Committee and the Planning Commission for their recommendation and report, (2) directed staff
to transmit the draft Plan Amendrnent and Preliminary Report thereon to the affected taxing
agencies, and (3) set a June 9, 1998 as the date for a joint public hearing before the Agency and
the City Council to consider the pIOposed plan amendment; and
WHEREAS, the City Council has received the pIOposed Plan Amendment fIOm the
Agency, together with the Agency's Report to the City Council (the "Report to Council")
required pursuant to Section 33352 of the Community Redevelopment Law, California Health and
Safety Code Sections 33000, et seq, (the "Community Redevelopment Law"), which includes the
reasons for the amendment of the Existing Redevelopment Plan; and
WHEREAS, the Project Area Committee, at a special meeting held on April 27, 1998,
and the Planning Commission of the City of Chula Vista ("Planning Commission"), after a duly
noticed public hearing held on May 27, 1998, recommended the appIOval of the Plan
Amendment; and
WHEREAS, the Planning Commission has submitted to the City Council its report and
recommendations concerning the Amended Redevelopment Plan recommending its approval and
certifying that the Amended Redeyelopment Plan conforms to the General Plan for the City; and
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WHEREAS, the City Council and the Agency held a joint public hearing on June 9, 1998
on the adoption of the Amended Redeyelopment Plan; and
WHEREAS, notice of said hearing was duly and regularly published in a newspaper of
general circulation in the City, once a week for four successiye weeks prior to the date of said
hearing, and a copy of said notice and an affidavit of publication are on file with the City Clerk
and the Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by fiIst-class mail to
the last known assessee of each parcel of land in the Project Area at his or her last known
address as shown on the last equalized assessrnent roll of the County of San Diego; and
WHEREAS, copies of the notice of the joint public hearing were mailed by first-class
mail to all residents and businesses in the Project Area at least thirty (30) days prior to the
hearing; and
WHEREAS, copies of the notice of the joint public hearing were mailed by certified mail
with return receipt requested to the governing body of each taxing agency which receives taxes
from property in the Project Area; and
WHEREAS, the Agency and the City haye each independently found and determined that,
for certain significant effects identified by the Final EIR, mitigation measures and a Mitigation
Monitoring Plan therefor have been required in, or incorporated into, the Amended
Redevelopment Plan which avoid or substantially lessen such effects; and
WHEREAS, the Agency and City haye each independently found and determined that
potential mitigation measures or project alternatiyes not incorporated into the Amended
Redevelopment Plan (including the "No Project" aiternatiye) were rejected as infeasible based
upon specific environmental, economic, legal, social, technological or other considerations as set
forth in the Final EIR; and
WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, haye
certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section
21151 and Section 33352 of the Community Redevelopment Law; and
WHEREAS, the City Council has considered the report and recommendation of the
Planning Commission, the Report to Council, the Amended Redevelopment Plan and its
economic feasibility, and the Final EIR, has provided an opportunity for all persons to be heard,
and has receiyed and considered all evidence and testimony presented for or against any and all
aspects of the Amended Redevelopment Plan and has made written findings in response to each
written objection of an affected property owner and taxing entity filed with the City Clerk before
the hour set for such joint public hearing,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DOES ORDAIN AS FOLLOWS:
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Section I, The purposes and objectives of the City Council with the Plan Amendment
respect to the Project Area are to accomplish the following:
1. Establish a new 12-year time period to commence eminent domain
activities, to enable the Agency to continue to effectively implement
projects involving land assernbly through all means, including eminent
domain as a last resort.
2, Extend the time frame to incur debt from July 2001 to January 2004,
pursuant to the Community Redevelopment Law, to ensure the Agency's
ability to incur debt necessary to initiate new redevelopment projects or
programs in the Project Area,
3, Extend the effectiveness of the Existing Redevelopment Plan, as amended
by the Plan Amendment, from July 2001 to July 2016, pursuant to the
Community Redeyelopment Law, to enable the Agency to continue an
active redeyelopment program an additional fifteen years,
4, Extend the time period for Agency collection of tax increment revenue
from 2011 to July 2026, to continue to allow a means of financing public
improvements and redeyelopment activities throughout the term of the
Amended Redeyelopment Plan,
Section 2, The City Council hereby finds and determines, based on the eyidence in
the record, including, but not limited to, the Report to Council and all documents referenced
therein, and evidence and testimony received at the joint public hearing on the adoption of the
Amended Redevelopment Plan that:
A, Significant blight remains in the Project Area, and this blight cannot be eliminated
without the establishment of additional debt and the utilization of additional tax
increment revenues,
Conditions of blight which persist within and characterize the Project Area
include:
1. The underutilization and mixed character of land uses,
2, The prevalence of small lots that are inadequate for optimal utilization and
development, and that restrict the further deyelopment and expansion of
existing compatible uses,
3, The design limitations in the basic layout and platting, the clutter of utility
lines and signs, and an inadequate traffic circulation system,
4, The obsolescence, structural inadequacy, lack of architectural unity, and
deterioration of buildings within the area,
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5, The general decline and shifting nature of commercial activity within the
area; and
6. The decreasing reyenue generation capability coupled with an increasing
demand on public seryices within the area, resulting in an economic and
staffing burden to the community,
B. The Amended Redevelopment Plan will redeyelop the Project Area in conformity
with the Community Redevelopment Law and in the interests of the public peace,
health, safety and welfare. Evidence supporting this finding includes the fact that
the purposes of the Community Redevelopment Law would be attained through the
implementation of the Amended Redevelopment Plan; by the elimination of the
physical and economic blighting conditions which exist in the Project Area; by the
replanning, redesign and/or redevelopment of areas which are stagnant or
improperly utilized, and which could not be accomplished by priyate enterprise or
governmental action, or both, without redevelopment; by protecting and promoting
sound development and redevelopment of the Project Area and the general welfare
of the citizens of the City by remedying such injurious conditions through the
employment of all appropriate means,
C. The adoption and carrying out of the Amended Redevelopment Plan is
economically sound and feasible. Evidence supporting this finding includes the
fact that under the Amended Redevelopment Plan the Agency will be authorized to
seek and utilize a yariety of potential financing resources, including property tax
increment, interest income, Agency bonds, loans from priyate institutions,
proceeds from the sale or lease of property, financial assistance from the City,
County, State of California, Federal Government or any other public agency, or
any other legally ayailable source; that the nature and timing of redevelopment
assistance will depend on the amount and ayailability of such financing resources,
including tax increment, generated by new investment in the Project Area; and
that the financing plan included within the Report to Council demonstrates that
sufficient financial resources will be ayailable to carry out the Amended
Redevelopment Plan,
Ð, The Amended Redevelopment Plan conforms to the General Plan of the City,
including, but not limited to, the housing element of the General Plan, which
substantially complies with the requirements of Article 10,6 (commencing with
Section 65580) of Chapter 3 of Diyision I of Title 7 of the Goyernment Code,
This finding is based on the report of the Planning Commission that the Amended
Redevelopment Plan conforms to the General Plan, as well as the text of the
Redevelopment Plan,
E. The carrying out of the Amended Redevelopment Plan will promote the public
peace, health, safety and welfare of the community and will effectuate the
purposes and policies of the Community Redeyelopment Law, Eyidence
supporting this finding includes the fact that redevelopment will benefit the Project
Area by correcting conditions of blight and by coordinating public and private
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actions to stimulate deyelopment and improve the economic and physical
conditions of the Project Area, and by increasing employment opportunities within
the City,
F, The Agency has adopted a feasible method and plan for the relocation of families
and persons who might be displaced temporarily 01 permanently from housing
facilities in the Project Area, The Agency also has a feasible method and plan for
its relocation of businesses, Evidence supporting this finding includes the fact that
the Agency has adopted a method of relocation for the Project Area which sets
forth a plan for relocation of families and persons who may potentially be
displaced by Agency projects, and upon the fact that the Amended Redeyelopment
Plan provides for relocation assistance according to law, and the fact that such
assistance, including relocation payments, constitutes a feasible method for
relocation,
G, There are, or shall be proyided, within the Project Area or within 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 who might be displaced from the Project Area, decent, safe and sanitary
dwellings equal in number to the number of and available to such displaced
families and persons and reasonably accessible to their places of employment.
Eyidence supporting this finding includes the information contained in the Report
to Council that no persons are expected to be displaced as a result of the
implementation of the Amended Redevelopment Plan, and that eyen if some
persons were to be displaced there are sufficient existing dwellings which would
be available to persons displaced by the implementation of the Amended
Redeyelopment Plan,
H. Families and persons shall not be displaced prior to the adoption of a relocation
plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment
Law, and Dwelling units housing persons and families of low or moderate income
shall not be removed or destroyed prior to the adoption of a replacement housing
plan, Evidence supporting this finding includes the fact that the Amended
Redevelopment Plan requires the Agency to adopt such a plan prior to any such
displacement.
I. The elimination of blight and the redevelopment of the Project Area could not
reasonably be expected to be accomplished by priyate enterprise acting alone
without the aid and assistance of the Agency, Evidence supporting this finding
includes the existence of blighting influences as set forth in the Report to Council,
and the inability of individual owners and developers to economically remove
these blighting influences without substantial public assistance.
J. The time limitation on the allocation of dollars to the Agency as contained in the
Amended Redevelopment Plan is reasonably related to the proposed projects to be
implemented in the Project Area and to the ability of the Agency to eliminate
blight within the Project Area, This finding is based upon the fact that the time
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limitation contained in the Amended Redevelopment Plan is consistent with the
number of dollars to be allocated to the Agency, the anticipated costs of the public
improyernent projects proposed to be undertaken by the Agency pursuant to the
Amended Redevelopment Plan, and the anticipated time for the Agency to
undertake such projects,
Section 3, The City Council is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Project Area, if any, are
displaced, and that pending the development of such facilities, there will be available to any such
displaced residential occupants temporary housing facilities at rents comparable to those in the
City at the time of their displacement. Evidence supporting this finding includes the City
Council's finding that no persons or families of low and moderate income shall be displaced from
residences ulÙess and until there is a suitable housing unit available and ready for occupancy by
such displaced persons or families at rents comparable to those at the time of their displacement,
Such housing units shall be suitable to the needs of such displaced persons or families and must
be decent, safe, sanitary and otherwise standard dwellings,
Section 4, All written objections to the Amended Redevelopment Plan filed with the
City Clerk before the hour set for hearing and all written and oral objections presented to the
City Council at the hearing have been considered by the City Council. All written objections
received from property owners and affected taxing agencies have been considered by the City
Council and have been responded to in writing, Any and all such objections are hereby
oyerruled,
Section 5, The Final EIR for the Amended Redevelopment Plan, a copy of which is
on file in the office of the Agency and in the office of the City Clerk, haying been duly reviewed
and considered, is hereby incorporated into this Ordinance by reference and made a part hereof,
All activities undertaken by the Agency and/or the City pursuant to or in implementation of the
Amended Redevelopment Plan shall be undertaken in accordance with the mitigation measures
and Mitigation Monitoring Plan set forth in the Final EIR, and the Agency shall undertake such
additional environmental reyiew or assessment as necessary at the time of the proposed
implementation of such activities,
Section 6, That certain Plan Amendment for the Town Center I Redeyelopment
Project, the map contained therein, and such other reports as are incorporated therein by
reference, a copy of which is on file in the office of the Agency and the office of the City Clerk,
haying been duly reviewed and considered is hereby incorporated into the Existing
Redevelopment Plan, and is incorporated by reference and made a part hereof, The Amended
Redevelopment Plan is designated, approyed, and adopted as the official redevelopment plan for
the Project Area,
Section 7, In order to implernent and facilitate the effectuation of the Amended
Redevelopment Plan hereby approyed, this City Council hereby: (a) pledges its cooperation in
helping to carry out the Amended Redeyelopment Plan, (b) requests the yarious officials,
departments, boards, and agencies of the City haying administratiye responsibilities in the Project
Area likewise to cooperate to such end and to exercise their respectiye functions and powers in a
manner consistent with redevelopment of the Project Area, (c) stands ready to consider and take
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_..
appropriate action upon proposals and measures designed to effectuate the Amended
Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding,
including the expenditure of moneys, necessary to be carried out by the City under the provisions
of the Amended Redevelopment Plan,
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 Redevelopment Plan,
Section 9, The City Clerk is hereby authorized and directed to certify to the passage
of this Ordinance and to cause the same or a summary hereof to be published in a newspaper of
general circulation which is published and circulated in the City,
Section 10, If any part of this Ordinance or the Amended Redevelopment Plan which it
approves is held to be invalid for any reason, such decision shall not affect the validity of the
rernaining portion of this Ordinance or of the Amended Redevelopment Plan, and this City
Council hereby declares that it would have passed the remainder of the Ordinance or approved
the remainder of the Amended Redeyelopment Plan if such inyalid portion thereof had been
deleted,
Section II, This Ordinance shall be in full force and effect thirty (30) days after
passage,
[SIGNATURE PAGE FOLLOWS]
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Introduced and first read at a regular meeting of the City Council of the City of Chula
Vista held the - day of , 1998, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the - day of , 1998, by the
following roll call yote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
~~
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_..
EXHIBIT "TC-A"
. .
'TO WrI.' ÇeJ:iti'ß. I Redev'e top 11.1êïJtPrö j eÇi;. ~.Am endJ:ñ êïJt N: Q...5
Redevelopment Plan
Amendment No.5
. . . . . . . . . .
Prepared for:
City of Chula Vista Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 91910
Rosenow Spevacek Gmup, Inc.
540 N. Golden Circle, Suite 305
Santa Ana, CA 92705
Phone 714.541.4585
760.967.6462
Fax 714.836.1748
E-MaiL RSGINCCA@aoLcom
TC - I - Ii
-., .. ..
TABLE OF CONTENTS
INTRODUCTION ",."."."""",.",.",."."",.".".."""""""".",.""""."""""""""""""".",1
AMENDMENTS TO REDEVELOPMENT PLAN................................................,.....,.,.....,.....2
1. Eminent Domain Limit..,...,...,...........,..........,...,.........,..........,....,...,.....,...........2
II, Time Frame to Incur Debt ....,...............,.........,..,..........,..,.........,..,...................2
III, Plan Effectiveness",...,..""""....,.".".........",.",......."""..,......""""..,.""".....".,2
IV, Time Limit on Collection of Tax Increment.........,..,..,.......,..................,.......,..3
Te-.:2-A
-, ï '. .-
INTRODUCTION
This is the Fifth Amendment to Redevelopment Plan for the Town Centre 1 Redevelopment
Project ("Amendment 5"), located in the City of Chula Vista, County of San Diego, State of
California.
This Amendment 5 has been prepared by the Chula Vista Redevelopment Agency ("Agency")
pursuant to the California Community Redevelopment Law (Health and Safety Code Section
33000, et seq.) ("Redevelopment Law"), the California Constitution and all applicable laws and
ordinances. Amendment 5 is based upon the Preliminary Plan for Amendment No.5 to the Town
Centre 1 Redevelopment Plan formulated and adopted by the Chula Vista Planning Commission
and the Agency on July 23, 1997 and October 7, 1997, respectively.
Amendment 5 amends the existing Redevelopment Plan for the Town Centre 1 Redevelopment
Project ("Project"), originally adopted on July 6, 1976, and most recently, amended on
November 8, 1994 ("Existing Plan"). Amendment 5 will amend the Existing Plan as follows:
1. Extend, to July 2010, the time frame within which the Agency may commence eminent
domain proceedings to acquire property in the Town Centre 1 Redevelopment Project
Area ("Project Area"),
2. Extend, to January 1, 2004, the time frame within which the Agency may mcur
indebtedness on behalf of the Project,
3. Extend, to July 6, 2016, the effectiveness of the Existing Plan,
4. Extend, to July 6, 2026, the time period within which the Agency may collect tax
increment revenue on behalf of the Project,
The Existing Plan was originally adopted by the City Council by Ordinance No. 1691 on July 6,
1976. Since this action, the Existing Plan has been amended on four separate occasions. On July
17,1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of
the Existing Plan with the Bayfront Redevelopment Plan. On April 22, 1986, the City Council
adopted Ordinance No. 2146 that amended the Existing Plan for a second time by enacting new
time limits to enact eminent domain and incur debt, while establishing a cumulative tax
increment limit. Amendment No.3 was adopted by the City Council on January 4, 1994 by
Ordinance No. 2585, when the City Council amended the tax increment and bonded
indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on
November 8, 1994, when the City Council adopted Ordinance No. 2609 that established a time
limit on the collection of tax increment.
Rosenow Spevacek Group, Inc.
April, 1998
1
TC-3-A
Chula Vista Redevelopment Agency
Amendment No.5 to the
Town Centre I Redevelopment Plan
T
AMENDMENTS TO REDEVELOPMENT PLAN
1. Eminent Domain Limit
The Existing Plan's time limit for the commencement of eminent domain proceedings, as
established by Ordinance No. 2146, is hereby amended as follows:
Except as otherwise provided by law, no eminent domain proceeding to acquire property
within the Project Area shall be commenced after twelve (12) years following the date of
adoption of the ordinance adopting Amendment 5.
II. Time Frame to Incur Debt
The Existing Plan's time limit on incurring debt, as established by Ordinance No. 2146, is
hereby amended as follows:
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, no loan, advance or indebtedness to be repaid from such allocations of
taxes established or incurred by the Agency to finance in whole or in part the Project
shall be established or incurred after January I, 2004. Such loan, advance or
indebtedness may be repaid over a period of time longer than such time limit. This limit
shall not prevent the Agency from incurring debt to be repaid from the low and moderate
income housing fund or establishing more debt in order to fulfill the Agency's housing
obligations under Section 33413 of the Redevelopment Law. In addition, this limit shall
not prevent the Agency from refinancing, refunding, or restructuring indebtedness after
January 1, 2004, if the indebtedness is not increased and the time during which the
indebtedness is to be repaid does not exceed the date on which the indebtedness would
have been paid.
III. Plan Effectiveness
The Existing Plan's effectiveness, as established by Ordinance No. 1691, IS hereby
amended as follows:
Except for the nondiscrimination and nonsegregation provISIons which shall run in
perpetuity, the provisions of this Plan shall expire on July 6, 2016. After this time limit,
the Agency shall have no authority to act pursuant to this Plan except to pay previously
incurred indebtedness, collect tax increment revenue, and enforce existing covenants,
contracts, or other obligations.
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April, 1998
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Chu/a Vista Redevelopment Agency
Amendment No.5 to the
Town Centre I Redevelopment Plan
IV. Time Limit on Collection of Tax Increment
The Existing Plan's time limit on the payment of indebtedness or receipt of tax increment,
as established by Ordinance No. 2609, is hereby amended as follows:
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, the Agency shall not pay indebtedness with the proceeds of property
taxes received pursuant to Heath and Safety Code Section 33670 or receive property
taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the
effectiveness of this Plan or July 6, 2026. These limitations shall not be applied to limit
the allocation of taxes to the Agency to the extent required to eliminate project deficits
created under subdivision (g) of Section 33334.6 of the Redevelopment Law in
accordance with the plan adopted pursuant thereto for the purpose of eliminating the
deficits or to the extent required to implement a housing program requirement pursuant to
Section 33413 of the Redevelopment Law. In addition, these limitations shall not affect
the validity of any bond, indebtedness, or other obligation, including any mitigation
agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized
by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January
1, 1994, or the right of the Agency to receive property taxes, pursuant to Health and
Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation.
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Chula Vista Redevelopment Agency
Amendment No.5 to the
Town Centre I Redevelopment Plan
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EXHIBIT "Te-B"
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Tuwn Centre I Redevelopment Project - Amenchnent No.5
Report to the City Council
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Prepared for:
City of Chula Vista Redevelopment Agency
27 6 Fourth Avemte
Chula Vista, CA 91910
Rosenow Spevacek Group, Inc.
540 N. Golden Circle, Suite 305
Santa Ana.. CA 92705
Phone 714.541.4585
760.967.6462
Fax 714.836.1748
E-Mail: RSGfNCCA@aol.com
je -( -;3
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COUNCIL REPORT
FOR THE
TOWN CENTRE I REDEVELOPMENT PROJECT - AMENDMENT NO.5
TABLE OF CONTENTS
Page
INTRODUCTION......................................................................................................................... i
SECTION A
The Reasons for the Selection of the Project Area and a Description of Specific Projects
Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found
in the Project Area
General Characteristics................................................................................................ .. A-I
Reasons for the Selection of the Project Area................................................................A-2
Agency's Accomplishments Within the Project Area ...................................................A-3
Reasons for the Amendment .......................................................................................... A-4
A Description of the Projects Proposed by the Agency.................................................A-5
A Description of How the Proposed Projects Will Improve and
Alleviate Blighting Conditions....................................................................... ............... A-6
SECTION B
A Description of the Physical and Economic Blighting Conditions Existing in the
Project Area.............................................................................................................................. 8-1
SECTION C
An Implementation Plan that Describes Specific Goals, Objectives,
Projects, and Expenditures for the Next Five Years and a Description of
How These Projects Will Improve or Alleviate Blighting Conditions ................................ C-1
SECTION D
An Explanation of Why Elimination of Blight Cannot Be Accomplished By
Private Enterprise Acting Alone or Through Financing Alternatives Other Than
Tax Increment Financing
Why Private Enterprise Cannot Independently Eliminate 8light..................................D-1
Reasons for the Provisions of Tax Increment................................................................D-2
SECTION E
Method of Financing and Economic Feasibility ofthe Project
General Financing Methods Available to the Agency................................................... E-I
Projected Tax Increment Revenues................................................................................ E-4
Economic Feasibility Analysis ...................................................................................... E-7
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SECTION F
The Method of Relocation ...............................................................................::...................... F-1
SECTION G
An Analysis of the Preliminary Plan......................................................................................G-I
SECTION H
The Report and Recommendations of the Planning Commission.......................................H-1
SECTION I
Report of the Project Area Committee ................................................................................... I-I
SECTION J
A Statement of Conformance to the City's General Plan .....................................................1-1
SECTION K
The Final Environmental Impact Report..............................................................................K-I
SECTION L
A Statement Regarding the Report ofthe County Fiscal Officer........................................ L-1
SECTION M
Neighborhood Impact Report ................................................................................................ M-1
SECTION N
A Summary of Agency Consultation with Affected Taxing Entities and a
Response to Said Entities' Concerns Regarding the Amendment.......................................N-I
Tc -3-/3
COUNCIL REPORT
FOR THE
TOWN CENTRE I REDEVELOPMENT PROJECT - AMENDMENT NO.5
LIST OF TABLES
TABLE E-1
TABLE E-2
TABLE E-3
Projected Tax Increment Revenues with Amendment
List of Affected Taxing Agencies
Projected Economic Benefit of Amendment
TC
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INTRODUCTION
Established by the City Council on October 24, 1972, the Chula Vista Redevelopment Agency
("Agency") is responsible for oversight of the five redevelopment projects in the City of Chula
Vista ("City"). One of these projects is the Town Centre I Project ("Project"), which was
initiated on July 6, 1976, by Ordinance No. 1691 that adopted the original Redevelopment Plan
for the Town Centre I Redevelopment Project ("Original Plan") and established the Town Centre
I Redevelopment Project Area ("Project Area"). Since its inception, the Original Plan has been
amended on four separate occasions, most recently in November 1994. The Original Plan, as
amended ("Existing Plan"), has guided the Agency's redevelopment program in the Project Area
to date.
Since 1976, the Agency has targeted its redevelopment efforts to mitigate specific physical and
economic blighting conditions in the Project Area. Despite the success of these efforts, full
redevelopment of the Project Area is not yet complete. Unfortunately, continued redevelopment
of the Project Area is inhibited by limitations in the Existing Plan. To remedy the Existing
Plan's constraining provisions, the Agency seeks to undertake a series of technical amendments
as a means to complete its redevelopment program in the Project Area.
On October 7, 1997, the Agency accepted and approved the PreliminarY Plan for Amendment
No.5 to the Town Centre I Redevelopment Plan. This action initiated proceedings to amend the
Existing Plan ("Amendment") as follows:
1. Extend, to July 2010, the time frame within which the Agency may commence
eminent domain proceedings to acquire property in the Town Centre I
Redevelopment Project Area ("Project Area"),
2. Extend, to January 1, 2004, the time frame within which the Agency may Incur
indebtedness on behalf of the Project,
3. Extend, to July 6, 2016, the effectiveness of the Existing Plan, and
4. Extend, to July 6, 2026, the time period within which the Agency may collect tax
increment revenue on behalf of the Project.
Rosenow Spevacek Group, Inc.
June 2, 1998
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
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Upon adoption of the Amendment, the Amended Redevelopment Plan for the Project ("Plan")
,
will amend, supersede, and guide all future redevelopment activities, projects, and programs in
the Project Area. However, the Amendment will not affect the Agency's outstanding obligations
or indebtedness.
Authorization for this Amendment
The California Community Redevelopment Law, Health and Safety Code Sections 33000 et.
seq., CLaw") provides redevelopment agencies with the authority to undertake revitalization
efforts in blighted areas in the community. As defined by the Law, redevelopment includes the
rehabilitation, reconstruction, and improvement of existing structures; the provision of public
improvements; and the replanning or redesign of blighted properties within a project area. The
Law permits redevelopment agencies to amend redevelopment plans, subject to the preparation
of documents by the agency to substantiate the need for such an amendment, the convening of an
agency/city council public hearing, and the consideration and adoption of an amending ordinance
by the city council.
This is the Report to the City Council for the Amendment ("Report"), which outlines the reasons
for the Amendment, and details the Agency's proposed redevelopment program to be
implemented through the Plan. Pursuant to the Law, this Report has been divided into the
following sections:
SECTION A. The Reasons for the Selection of the Project Area and a Description of Specific
Projects Proposed and How These Projects Will Improve or Alleviate Blighting
Conditions Found in the Project Area
SECTION B A Description of the Physical and Economic Blighting Conditions Existing in the
Project Area
SECTION C An Implementation Plan that Describes Specific Goals, Objectives, Projects, and
Expenditures for the Next Five Years and a Description of How These Projects
Will Improve or Alleviate Blighting Conditions
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June 2, 1998
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
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SECTION D An Explanation of Why Elimination of Blight Cannot Be Accomplished By
Private Enterprise Acting Alone or Through Financing Alternatives Other Than
Tax Increment Financing
SECTION E Method of Financing and Economic Feasibility of the Project
SECTION F The Method of Relocation
SECTION G An Analysis of the Preliminary Plan
SECTION H The Report and Recommendation of the Planning Commission
SECTION I Report of the Project Area Committee
SECTION J A Statement of Conformance to the City's General Plan
SECTION K The Final Environmental Impact Report
SECTION L The Report of the County Fiscal Officer
SECTION M Neighborhood Impact Report
SECTION N A Summary of Agency Consultation With Affected Taxing Entities and a
Response to Said Entities' Concerns Regarding the Amendment
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
Rosenow Spevacek Group, Inc.
June 2, 1998
iii
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SECTION A
The Reasons for the Selection of the Project Area and
a Description of Specific Projects Proposed and How
These Projects Will Improve or Alleviate Blighting
Conditions Found in the Project Area
This section of the Report describes the Proj ect Area, highlights the Agency's redevelopment
activities to date, and outlines the reasons for the proposed Amendment.
General Characteristics
Geographic Location
The Project Area is located in the City of Chula Vista ("City"), San Diego County, California.
Situated along the San Diego Bay in southwestern San Diego County, the City is adjoined by the
City of National City to the north, the City of San Diego to the south, the San Diego Bay to the
west, and unincorporated San Diego County to the east. The City was incorporated in 1911 and
is approximately 32,066 acres in size.
The Project Area is located in the City's historic downtown along Third Avenue. The Project
Area is generally bounded by E Street to the north, I Street to the south, Del Mar Avenue to the
east, and Fourth Avenue to the west. The Project Area is 138.54 acres in size, and constitutes
approximately 0.4% of the total area of the City. The primary land uses within the Project Area
are commercial, public, and residential.
Depicted on Exhibit A-I, the Project Area is 138.54 acres in size, or approximately 0.4% of the
total area of the City. The proposed Amendment would not add property to, or delete property
from, the Project Area.
Rosenow Spevacek Group, Inc.
June 2, 1998
A-I
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
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Town Centre I Redevelopment Project Area Map
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IN C.
Urbanization
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For all redevelopment project areas established after January I, 1984, Section 33320.1 of the
Law requires that such areas be "predominantly urbanized" meaning that not less than 80 percent
of the land in the project area:
. Has been or is developed for urban uses; or
· Is characterized by the existence of subdivided lots of irregular form and shape and
inadequate size for proper usefulness and development that are in multiple ownership, or
. Is an integral part of one or more areas developed for urban uses which are surrounded or
substantially surrounded by parcels which have been or are developed for urban uses.
Since the Project Area was established in 1976 (before the urbanization statute took effect), the
Project Area is not subjected to this urbanization test.
Reasons for the Selection of the Project Area
According to the Original Plan, redevelopment of the Project Area was necessary to address the
following problems:
. The underutilization and mixed character of land uses;
· The prevalence of small lots that were inadequate for large-scale development and restrict the
expansion of existing and compatible uses;
· The design limitations in the basic layout and platting, the clutter of utility lines and signs,
and an inadequate traffic circulation system;
. The obsolescence, structural inadequacy, lack of architectural unity, and deterioration of
buildings within the area;
· The general decline and shifting nature of commercial activity within the area; and
. The inadequate governmental revenue generation (property and sales tax) and an increasing
need for public services within the area.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-2 Town Centre I Amendment No. 5-
I L - I 0 -13 Report to the City Council
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Agency's Accomplishments Within the Project Area
. Since the inception of the Project, over $100 million of combined private and public
development dollars have been invested within the Project Area and have contributed toward
the area's economic growth and physical improvement.
. The Agency has participated in the following major new development projects that have been
completed in the Town Centre I area over the past 15 years. (Participation includes
certificates of participation, acquisition and consolidation of properties, financial assistance,
expeditious development plan processing, etc.):
;r The Park Plaza consisting of a 59,000 square foot commercial center, 98 residential
condominiums and 94 rental apartments, a six-plex movie theater, three freestanding
restaurants, and a freestanding office building.
;r The South County Administration Center which houses Municipal and Superior courts
and associated county offices that serve the South Bay.
;r Sharp Rees-Stealy medical building.
;r The Park Square II and the Adma commercial/residential mixed-use projects.
;r Third Avenue public street and sidewalk improvements including landscaping and
associated amenities.
;r Development of new and redevelopment of older public parking lots.
>- A 700-space public parking structure in the Park Plaza.
;r The renovation of Memorial Park and the construction of the Norman Park Senior Center.
;r Preparation of the 1993 Downtown Market Study to analyze the economic potential of
the Project.
;r Various small to medium remodeling and new construction projects completed by the
private sector throughout the Project Area.
;r Acquisition of 2.4 acres of property at Third Avenue and Alvarado Street and .5 acres of
property at H Street and Third Avenue.
Due to limitations of the Existing Plan, however, the Agency will not be able to adequately
mitigate many remaining blighting conditions. These limitations jeopardize the Agency's ability
to continue redevelopment projects, programs, and activities in the Project Area. The
Amendment will enable the Agency to continue with the redevelopment program in the Project
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June 2, 1998
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
Area by modifYing the Existing Plan's limits. The next section describes th~ ~cope of, needs for,
and benefits of, the proposed Amendment.
Reasons for the Amendment
The Amendment would adjust four specific time limitations within the Existing Plan necessary
to correct blight in the Project Area. These four amendments are described below:
. Establish a new 12-vear time oeriod to commence eminent domain activities: The Existing
Plan's time limit to commence eminent domain proceedings will expire on May 22, 1998.
Since the Original Plan was adopted in 1976, the Agency has had the ability to acquire
property by eminent domain. Although it has been sparingly used, eminent domain authority
has been a necessary adjunct to land acquisition negotiations. In order for the Agency to
continue to effectively implement projects involving land assembly, an extension on the time
limit on eminent domain authority will be necessary. The Amendment would establish a new
12-year time frame within which the Agency may employ, as a last resort, eminent domain to
acquire property to implement the Plan.
. Extend time frame to incur debt from Julv 2001 to January 2004: The Existing Plan prohibits
the Agency from incurring debt after July 6, 2001. After this deadline has been reached, the
Agency may only collect tax increment revenue to payoff preexisting indebtedness.
Incurring additional debt will be necessary to initiate any new redevelopment projects or
programs funded from future tax increment revenues. Under Subsection 33333.6(a) of the
Law, the Plan's time limit on incurring debt may be the later of 20 years after adoption of the
Original Plan (or July 6, 1996), or January 1, 2004. The Amendment would extend the
Existing Plan's time limit on incurring debt to January 1,2004, as prescribed by Subsection
33333.6(a) of the Law.
. Extend effectiveness of Existing Plan from Julv 2001 to Julv 2016: The Existing Plan's 25-
year duration that is less than the 40-year duration permitted by Subsection 33333.6(b) of the
Law. Under the Existing Plan, with the exception of collecting tax increment and repaying
indebtedness, all redevelopment activities, including enforcement of land use controls and
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June 2, 1998
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Chula Vista Redevelopment Agency
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Report to the City Council
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completion of projects, must cease by July 2001. Extending the Existing.~lan's effectiveness
will enable the Agency to continue an active redevelopment program for an additional 15
years, as permitted by Law.
. Extend time period to collect tax increment revenue from Julv 2011 to Julv 2026: Subsection
33333.6(c) of the Law provides that redevelopment agencies may collect tax increment
revenue for 10 years after a redevelopment plan's effectiveness has expired. In conjunction
with the proposed Amendment's extension of the effectiveness of the Existing Plan to July
2016, the Amendment would also extend the time limit on the collection of tax increment
revenue to ten years beyond the July 2016 effectiveness limit, or to July 2026.
A Description of the Projects Proposed by the Agency
The Agency's Five-Year Implementation Plan for the Project, included in Section C of this
Report, delineates a variety of infrastructure, community development, and affordable housing
projects and programs. These projects and programs include, but are not limited to, the
following:
. Redevelopment of Third Avenue/Alvarado Street Site
. Redevelopment of"H" StreetlThird Avenue
. Downtown Business AssociationIPromotionlMarketing
. Waterline Improvements on Landis Avenue
. Public Parking Facilities
. Joint Public/Private Redevelopment Programs
Beyond these activities foreseen in the current Implementation Plan, the Agency will undertake
additional activities pursuant to future annual work programs, implementation plans, and the
provisions of the Plan. Overall, implementation of the Project will occur gradually over the
remaining duration of the Plan.
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June 2, 1998
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
A Description of How the Proposed Projects Will Improve and .~lleviate Blighting
Conditions
With the Amendment, the Agency would continue to implement a comprehensive community
development program. The authorities and provisions of the Plan have been developed to permit
the Agency to enact redevelopment projects targeting the blight that exists within the Project
Area.
Infrastructure Improvements. Improvements to the Landis Avenue waterline would result in the
replacement of a deficient water main with a larger capacity line to accommodate both
commercial development and fire service needs. Upgrades to lighting and landscaping at public
parking facilities in the Project Area will improve pubic safety increase patronage of downtown
businesses. Through the construction of these and other public improvements, the Agency will
be effectively removing many barriers to economic grow1h in the City and will be eliminating
the blight which exists in the Project Area due to inadequate public improvements which cannot
be remedied by private or governmental action without redevelopment.
Communitv Development ProiectslPro\!rams. These projects/programs are designed to address
the blighting conditions by assisting private enterprise with rehabilitation and/or expansion
activities, or through the acquisition of needed property. For example, development of the Third
Avenue/Alvarado Street property will complete redevelopment of this location, which was
previously characterized by small, underuti1ized lots. Other Agency-owned lots at the northwest
comer of "H" Street and Third A venue could also be consolidated into a larger parcel for a more
viable commercial reuse. At the same time, other property owners along Third Avenue will be
encouraged to redevelop their properties to effectuate a broad redevelopment effort in the
downtown. Such programs will enable the Agency to redevelop substandard properties in a
manner consistent with the General Plan. Finally, working with the Downtown Business
Association, the Agency will seek to foster business development and retention programs to
increase commercial activity in downtown.
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June 2, 1998
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Chula Vista Redevelopment Agency
, I Town Centre I Amendment No.5 -
I -r ~ 6 Report to the City Council
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Housing/Low and Moderate Income Assistance. The expenditure of Housing ~und revenues will
assist the City in implementing the goals and programs set forth in the Agency's Affordable
Housing Compliance Plan and the Housing Element of the City's General Plan, and will allow
the Agency to enhance housing opportunities for very low, low, and moderate income
households. Further, the proposed housing projects will eliminate blight in the community by
repairing or rehabilitating substandard or deteriorating residential structures.
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June 2, 1998
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A-7 Town Centre I Amendment No. 5-
TL -I ~- ~13 Reportto the City Council
SECTION B
A Description of the Physical and Economic Blighting
Conditions Existing in the Project Area
The blighting conditions that were present when the Original Plan was considered in 1976 are
delineated in the Original Plan. In general, the Agency concluded that the Project Area was
plagued by serious physical and economic conditions that could not be reversed without
redevelopment. These conditions included the following:
· The underutilization and mixed character of land uses;
· The prevalence of small lots that were inadequate for large-scale development and restrict the
expansion of existing and compatible uses;
· The design limitations in the basic layout and platting, the clutter of utility lines and signs,
and an inadequate traffic circulation system;
· The obsolescence, structural inadequacy, lack of architectural unity, and deterioration of
buildings within the area;
. The general decline and shifting nature of commercial activity within the area; and
· The inadequate governmental revenue generation (property and sales tax) and an increasing
need for public services within the area.
The Law requires a reevaluation of the blighting conditions only if an agency proposes to amend
a redevelopment plan by either extending the time limit to incur debt beyond January 1, 2004, or
increase the tax increment limit. Because the proposed Amendment neither would extend time
limitations beyond January 1,2004, nor increase the Existing Plan's $84.0 million limitation on
the number of dollars to be allocated to the Agency on behalf of the Project, a reevaluation of
blight is not necessary or required for the proposed Amendment.
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June 2, 1998
Chula Vista Redevelopment Agency
B-1 Town Centre I Amendment No. 5-
7 L.. -I ~ -13 Report to the City Council
SECTION C
An Implementation Plan that Describes Specific
Goals, Objectives, Projects, and Expenditures for the
Next Five Years and a Description of How These
Projects Will Improve or Alleviate Blighting Conditions
On December 13, 1994, the Agency adopted its Five-Year Implementation Plan
("Implementation Plan") for the Project which sets forth the Agency's specific goals and
objectives for the Existing Area, the anticipated programs, projects and expenditures for the
calendar years 1995 through 1999, and an explanation of how these goals, objectives, programs,
projects, and expenditures will eliminate blight and increase and improve the supply of
affordable housing. On September 19,1997, the Agency conducted a mid-term public hearing to
review and amend the Implementation Plan.
The Amendment does not increase or decrease the size of the Project Area, so no alteration to the
Implementation Plan is necessary at this time. A copy of the Implementation Plan is included at
the end of this Section.
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June 2, 1998
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Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
FIVE YEAR IMPLEMENT A TION PLAN
(Health & Safety Code Section 33490)
TOWN CENTRE I REDEVELOPMENT PROJEq,ARE.<l..
I. INTRODUCTION AND BACKGROUND
A. Introduction
The Five year Implementation Plan fcr the Town Centre Redevelopment Project is adopted to
meet the requirements of Section 33490 of the Health and Safety Cede. The plan is a flexible
policy document and not a limitation on the Asency activities in this project area over the
coming five yea'rs.
B. Background
The redevelooment project area was formed in 1976 in order to eliminate conditions of blioht
. -
which were impacting the economic and physical viability of the area. The Town Centre
Redevelopment Project A,rea encompasses 138.54 acres and is Chula Vista's historic
downtown. Third Avenue is the Project Area's central spine. E Street bounds the site in the
north and I Street is the Project's southern boundary. The east-west boundaries very,
extending to Fourth Avenue at its farthest point west and to Del Mer A,venue at its farthest
....point east.
The Town Centre is urbanized and developed with a mixture of public and private land uses
including the San Diego South County Superior and Municipal Court Complex, Norman Park
Senior Center, and Memorial Park as well as a variety of commercial offices, retail end service
commercial uses, and residential units.
The Redevelopment Plan has a duration of 25 years, until July 2001. (It is anticipated that,
in 1995, the City Council will consider a Redevelopment Plan Amendment to extend the
Project by 15 years to the year 2016.) Financial limitations have been established for the
project area as follows: The aggregate amount of tax revenues which mey be divided and
allocated to the Redevelopment Plan for the Town Centre I Redevelopment Project shell be
limited to the amount which would be required in any fiscal year to pay the principal and
interest coming due in such fiscal year on loans, advances or indebtedness issued by the
Agency in the aggregate principal amount of Twenty Million Dollars ($20,000,000.00), the
total actual amount of which principal and interest is $84,000,000.00 (Ordinance No. 2585).
For the purpose of clarification, the $ 20,000,000 amount represents the maximum total
principal and interest indebtedness that can be outstanding at anyone time. Further, the
$84,000,000 amount represents the total tax increment that can be collected, but its use is
not limited to debt service on bonded indebtedness; those funds can be used for such other
costs as reasonable operating expenses and affordable housing set-aside obligations.
The implementation plan is intended to be a flexible policy document to guide Agency
activities over the next five years (1 995 through 1999), and is not intended to represent a
limitation on Agency activities. The programs/projects included in the Implementation plan
are those priority programs anticipated to be implemented during the next five years, however,
they are not all of the programs/projects necessary to eliminate blight in the project area.
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Towr: Ca:ltre I Rede'Je!cpment Project Area
Five Year Implementation Plan
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Tne Town Centre F,e-:e'/elopment Project Area boundaries are described on the attached map
(E;<hibit t..).
II. Bliohtina Condi.ions
A. Pre-Plan Condi.ions
,he P.aceve!cpme~,t Plen identifies the following blighting conditions in the project ere2;
i. The under-utilization and mixed character of land in and adjacent to the project araa;
2. The prevalence of small lots which are inadequate for large scale development and
restrict the expansion of existing and compatible uses;
3. The design limitations in the basic layout and platting, the clutter of utility lines and
signs, end an inadequate traffic circulation system;
L The obsolescence, structural inadequacy, lack of architectural 'unity, and deterioration
of buildings within the area;
The general decline and shifting nature of commercial activity within the area;
6.
The inadequate governmental revenue generation {property and sales tax} and an
increesing need for public services within the area;
(
B. Progress in Eiiminating Blighting Conditions
Since the adoption of the Redevelopment Plan in 1976, the Redevelopment Agency has
worked to eliminate certain of these conditions through the following efforts:
ill Since the inception of the Town Centre I Project, over $100 million of combined private
and public development dollars have been invested within the Town Centre I Project
Area and have contributed toward the area's economic growth and physical
improvement.
!iI The P,edeve!opment Agency has participated in the following major new development
projects that have been completed in the Town Centre I area over the past fifteen years.
(Participation includes certificates of participation, acquisition and consolidation of
properties, financial assistance, expeditious development plan processing etc.):
. The Park Plaza consisting of 59,000 sq. ft. commercial center, 98 residential
condominiums and 94 rental. apartments, a six-plex movie theater, three
freestanding restaurants, and a freestanding office building.
. The South County Administration Center which houses Municipal and Superior
courts and associated county offices that serve the South Bay.
.
Sharp Rees-Stealy medical building.
(
TC.-/9 -6
Town Centre I Redevelopment Project Area
Five Year Implementation Fian
Page 3
. The Park Square II ar,d the Adma commerciaiiresidential mixed USe projects.
. Third Avenue public s~reet and sidewalk improvements including landscaping and
associated amenities.
. Development of new and redeve!opmen~ of older public parking lots.
. A 700 space public parking structure in the Park Flaza.
. The renovation of Memorial Park and the cons~ruc~ion of the Norman Park Senior
Center.
. Preparation of the 1993 Downtown Marke~ S~udy to analyze the economic
potential of the Town Centre Redevelopment Project.
. Various small to medium remodeling and new cons~ruction projects comple~ed by
the private sector throughout the project area.
. Acquisition of 2.4 acres of property a~ Third Avenue and Alvarado Street and .5
acres of property at H Street and Third Avenue.
C. Existing Blighting Conditions
Despite the Redevelopment Agency's efforts, certain blighting conditions remain as lis~ed
below:
. Obsolete and subs~andard commercial buildings located within the project area.
. Inadequate public parking facilities.
. Undersized waterlines in areas transitioning from low density residential to commercial
use.
. Small parcel/dysfunctional lot configuration with multi-ownerships hindering
consolidation for effective development.
. Commercial rental and lease rates an average of 20 % to 25 % below Citywide rates.
. The average commercial parcel is assessed at a ratio of 35% land to 65 % improvements
demonstrating a somewhat underdeveloped commercial density.
III. SPECIFIC GOAL AND OBJECTIVES FOR THE PROJECT AREA
To further eliminate blighting conditions described above, the following goal and objectives
have been established in the Redevelopment Plan:
IL.--d-O -/3
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"To'Nn Cen1:;-e I nec2'Jeloprnent Froject Are3
Fi'J~ Year lmpiementation Plan
Page 4
A. Goal
The goal of the Town Centre Redevelopment Project is to revitalize the Town Cen<:re
area as the commercial-civic focus of the City.
c. Objectives
I.
E;ir.iir,2~: blighting influences, including incompatible and noxIous land uses, obsolete
s<:ruccures and inadequa<:e parking facilities.
1.. Elimir,ate environmental deficiencies including, among others, small and irregular 10<: and
block sC1bdivislons, several poorly planned streets, and economic and social deficiencies.
". The strer,g<:hening of the mercantile pos<:ure of Town Centre and the improvement of
retail trade therein.
il. The renewal of Town Centre's physical plant and the improvament of its land use
patterns and spatial relationships.
5. The retention end expansion of vieble land uses, commercial enterprises, and public
faoili<:ies within the area.
6. The attraction of cepital and new business en'terprises to the core area.
(
7. The comprehensive beautification of the area, including its buildings, open spece,
streetscape, and street furniture.
8. The encouragement of multi-family, middle-income residential units in and near the core
area.
9. The possible accommodation of future local and regional mass transit and related
facilities: improvement of off-street parking areas and provision for a mini-transit intra-
project system.
. 10. The establishment of Town Centre as the South Bay's principal center for specialty
goods and services.
11. The establishment of design standards to assure desirable site design and environmental
quality.
12. The reorientation of the people of Chula Vista to their core area, and the resultant
promotion of a sense of "towness" (towness is a unique feeling spawned by an
emo<:ional relationship between people and their city. This feeling is founded upon a
sense of belonging. When the people feel that they belong to their city and that their
city belongs to them, a state of towness exists).
(
rc- -&1 -13
Town Ce!1tre I R.edevelo~ment Proje~t Area
Five Year Implementation Plan
Page 5
'.
IV. PROGRAMS. PROJECTS AND EXPENDITURES PROPOSED FOR THE NEXT FIVE YEARS
Majer programs proposad ever the next five years and estimated tetal eX;Jer,citures arQ
described belcw.
Specific prcjects may be listed under each program. These serve es examples of projects
which mey be undertaken by the p.,gency. Howe'ler, other projects which meet the procrem
requirements may also be pursued. The costs described are based upon anticipated tax
increment cash flow over the next five years net of debt service and administrative costs.
1. Redevelopment of Third/Alvarado Site
Focus on the redevelopment of 2.4 acres of Redevelopment Agency owned property
located at the northeast corner of Third Avenue and Alvarado Street.
The Agency purchased several small lots which were underdeveloped with limited
mixed uses. These lots are currently 'lac am and have been consolidated to form a
larger parcel which is aveileble for higher intensity commercial development. This
action is anticipated to create employment opportuni;:ies in the Downtown, to
provide a major Customer base for vicinity merchants and service providers, and to
increase property tax revenues and to create a catalyst in upgrading local
rental/lease rates.
Staff and consultant costs are estimated at $88,000 over the next five years. An
additional amount may be necessary to participate in public infrastructure
improvements, studies, and environmental review (estimated $125,000.00).
2. Vicinity of H Street/Third Avenue
Consolidation of small parcels and coordination of the redevelopment of under-
utilized properties in the vicinity of the South County Municipal and Superior Court
Complex.
The Agency currently owns approximately .5 ecres (4 small lots) of property located
at the north west corner of Third Avenue and H Street. It is anticipated thet these
percels will be consolidated and cleared for redevelopment with higher intensity land
use or uses. In addition, adjacent commerciel property owners will be encouraged
to participate in the Agency's project and upgrade their property's.
There are several small parcels that are located along Third Avenue in the vicinity
of H Street that ere developed with residential units and have been converted to
commercial offices. Redevelopment of thesa units will be encouraged.
Staff time and consultant costs over the next 5 years are estimated at $138,000.
3. Downtown Business Association/Promotions/and Marketing
Agency staff will continue to guide and assist the local merchant's association,
(Downtown Business Association) DBA, in implementing the Main Street Program
rc - ;(~ -/3
T own Centre I Rec:evelopment Project Area
F:ve Yeer Implementation Plan
Page 6
concept cf managing the commercial downtown area to strengthen and support the
economic viability of the Chula Vista Downtown. The Downtown BL.:siness
P.,ssociation will endeavor to develop and coordinate major promotional events to
a"ract loca[ residents, to establish an expanded customer base by drawing
resic:ents from the subregion, and to reoruit viable new businesses to strengthen the
Downtown's business climate.
The Downtown Business Association organizes and administers promotional events
and implements strategies to increese and maintain a healthy customer base, and
develops relationships among the business owners. Agency staff will work with the
Downtown Business Association for the mutual benefit of the Town Centre
redevelopment effort.
Staff time, consultants fees and promotional assistance for the next 5 years is
estimated at $152,000.
4. Capital Improvements
Identification, plan development, and implementation of capital improvements where
public facilities, including utility services, are undersized for areas transitioning to
more intensive land use development.
Currently, a 4" waterline located in Landis Avenue north of F Street is inadequate
to provide fire service to future commercial development. It is anticipated that the
4" waterline will need to be replaced with an 8" waterline to accommodate the
area's transition from residential to commercial uses.
(
Staff costs and the construction of the Landis Avenue waterline is estimated at
$225,000.
5. Public Parking Facilities
Upgtade substandard public parking lots by adding and improving night lighting and
installing landscaping to create a safe and inviting environment for Downtown
patrons. Additional land may be needed to be acquired to create adequate public
parking facilities for the Project Area.
Tne Downtown Parking District is located within the Town Centre Redeve[opment
Projeot Area. Currently, the District includes approximately 1000 public parking
spaces. About half of those spaces are located within public parking lots. Several
of the existing parking lots (lots 1,3,4,5,6 and 7) are older and have limited lighting
and landscaping. It is anticipated that several of the lots will be upgraded within the
next five years to improve the business environment of the Downtown commercial
area. The cost will most likely be shared by the Parking District and In-lieu Parking
funds with assistance or loans from the Redeve[opment Agency.
(
Staff time and cost of upgrading parking lots within the next 5 years is estimated
at $713,000.
Tc - 0'23 --/3
Town Centre I Redevelopment Project Area
Five Year Implementation Plan
,
Fage 7
6. Joint Public/Private Programs
Development of programs such as: 1) demonstration exterior renovation project, 2)
Downtown banner project, 3) commercial rehabilitation loan program. 4) encouraae
the radevelopment of properties such as those located at the corners of E Stre;t/
Third Avenue and substandard structures at various locations throughout the project
area. and other similar type of projects that will have joint public and private
participation which wi[1 benefit the Project Area both physicelly and economice[ly.
Costs for these types of activities would vary depending on tha extent of the effort
and degree of Agency participation.
Staff and consultant cost at this time is estimated to be $100,000 with additional
costs for project implementation.
V. HOW GOAL. OBJECTIVES. PROGRAMS AND EXPENDITURES WILL ELlMINA TE BLIGHT
_The impact that goals, objectives, programs and expenditures wil[ have toward the alle'lietion
- of blighting influences as cited in the Redevelopment Plan is described below. The impact of
programs is also summarized on the attached matrix (Exhibit B).
A. Goal and Objectives
The goal and objectives, were specifically developed to alleviate conditions of physical
economic blight which impede development in the Project Area.
The goal established for the Project Area (in the Redevelopment Plan) specifically calls for the
revitalization of the project area and the objectives reference the use of the redevelopment
process to eliminate and mitigate all aspects of blight. The objectives address blighting
conditions impeding the development of properties in the Project Area include incompatible
land uses, inadequate parking facilities, and the elimination of environmental deficiencies. In
addition, the objectives identify the need to strengthen the mercantile posture of the Town
Centre and to reorient the residents to their historic town center as well as to attract new
business.
B. Programs and Expenditures
The Redevelopment of the Third Avenue/Alvarado site and expenditures implement the goal
of the project by eliminating environmental deficiencies such as small and underdeveloped lots
and eliminating obsolete structures and providing the revitalization of underdeveloped
property.
The program expenditures related to the vIcinity of H StreetrThird Avenue will target the
elimination of blight, such as obsolete structures and small and limited parcels. AesthetiC
improvements will further the comprehensive beatification effort and revitalization of the
properties will benefit the economic health of the project area.
The Agency's liaison with the Downtown Business Association and staff guidance will
continue to promote economic improvement within the Project Area through attraction and
TC -..2 Y--13
T'
T awn Centre I Redevelopment Project Area
Eve Year Implementation Plan
Page B
retention of vieble businesses. The Agency's support of the DBA and town menaGement
activities will assist in strengthening the mercantile posture of the Downtown and will further
the establishment of the Downtown es e principal center for specialty goods and services
which will increase the areas economic viebility end increase its potential to generate property
and sales tax.
Expenditures planned for capital improvements and parking lot upgrades will eliminate obsolete
utiiities and inadequate parking facilities. These infrastructure improvements also will work
toward the retenticn and expansion of viable land uses within the Town Centre.
Joint public and private programs will encouraGe the beautification of the Project Area and will
create an improved business climate which will attract new business and will encourage
residents to revisit their downtown.
VI. EX?LANAT10N OF HOW THE GOALS. OBJECTIVES. PROJECTS AND EXPENDITURES
WILL IMPLEMENT PROJECT HOUSING REQUIREMENTS
A. Goals ar-ld Objectives
California's Community Redevelopment Law requires that not less than 20% of all tax
increment generated by the Project shall be used for the purpose of increasing or improving
the community's supply of very low, low and moderate income housing. The law requires
that at least 15 % of all new or rehabilitated dwelling units developed with housing assistance
by entities other than the Agency in a Redevelopment Project Area be affordable to low and
moderate income households, of which 40% must be for, and occupied by, very low income
households. Additionally, affordable dwelling units shall remain affordable for the longest
feasible time (usually 55 years) but no less than the period of land use controls established
in the Project Plan (currently 25 years, but anticipated to be amended to 40 years).
,
,
,
E. Projects and Expenditures to be Made During the Next Five Years
1. Annual housing production goals have been established City-wide. See City-wide
Housing Goals attached as Exhibit C.
2. Estimated number of low/moderate income housing units to be destroyed in Years 1-5:
There are over 500 residential units located within the Town Centre Project Area.
p.,pproximately 25 % of the housing stock includes single family detached dwellings and
75% includes multi-family, apartments and townhouses. For the most part, the single
family detached dwellings are of older stock and sit on small lots. Many are currently
co-minoled with commercial uses and a number have been converted into commercial
- '
structures.
The Redevelopment Agency has no plan at this time which would involve the
displacement of any residential unit. But, since the Redevelopment Plan allows the
conversion of residential units to commercial use, there is the potential for the
{
Tc-~S-L3
Town Centre 1 Redevelopment Project Area
Five Year Implementation Plan
Page 9
displacement of low/moderate income families by vircue of the nature of the
redevelopment process and the implemen~ation of the Project' goals and objectives
through private or public action.
3. Replacement Housing Site
Replacement of any displaced residential units through the use of the 20% housing set-
aside funds from the Project Are2 will be in accordance with the Citywide housing policy
which is described in Exhibit C.
4. Low/Moderate Housing Fund Expenditure Program
The Town Centre Redevelopment Project Area sees aside 20% of the Project Area's tax
increment for the ,A,gency's Low/Moderate Income Housing fund. Estimated deposits
and expenditures are included in the Agency's Housing Plan (see Exhibit CI.
5. A315 Housing Production Plan
--
See Exhibit C.
6. Low/Moderate Income Housing Production Results
See Exhibit C
VII. CONCLUSION
,A,doption of the Implementation Plan shall not constitute approval of any specific program,
project or expenditure and does not change the need to obtain any required approval of a
specific program, project or expenditure from the Agency or Community. The projects
described in the Implementation Plan are examples of undertakings which will meet the goals
and objectives of the Redevelopment Project. Other projects which meet program
raquirements may also be pursued by the Agency.
This is the initial Implementation Plan for the Town Centre Redevelopment Project. This plan
will be reviewed by the Agency at least once within the five-year term of the Plan. The
review including a noticed public hearing, will take place no earlier than two years and no later
than three years after adoption of this initial Implementation Plan.
The ,A.gency will hold a requisite public hearing and adopt a new Implementation Plan every
five years from the date of adoption of this initial plan.
The Implementation Plan may be amended by the Agency at any time following a noticed
public hearing.
C;'.WP~'\MAS.T~;\S.\1CI.pu.N.Txr
TC-;lfo-f3
'.'
REDEVELOPMZ}'-'T J._GENCY AGENDA STATEMENT
It:e:m
Meeting Date 08/19/97
ITEM TITLE:
PUBLIC EEA.1UNG:
REVIE'il' OF TOWN CENTRE I
REDEVELOPMENT PLAN AND
IMPLEMENTATION PLAN AND
PROPOSED AMENDMENT TO THE
IMPLEMENTATION PLAN
RESOLUTION APPROVING THE MID-TERM
REPORT FOR THE FIVE-YEAR IMPLEMENTATION PLAN FOR
THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
PURSUANT TO SECTION 334900 OF THE COMMUNITY
REDEVELOPMENT LAW AND AMENDING THE IMPLEMENTATION
PLAN BY ADDING THREE PROJECTS
SUBMITTED BY: Community Development Director
REVIEWED BY:
Executive Director
(4/Sths Vote: Yes___ No~)
BACKGROUND:
In accordance with the changes to the Community Redevelopment Law,
the Agency approved a Five-Year Implementation Plan for the Town
Centre I Redevelopment Project Area on December 13, 1994
(Attachment C). The Implementation Plan describes the proj ect
Area's goals and objectives for the elimination of blight in the
project area as well as programs and expenditures for achieving
them. Community Redevelopment Law requires that the Agency hold a
mid-term public hearing to review progress made on the
implementation plans for all of the redevelopment project areas
within its jurisdiction in order to hear testimony from all
interested parties and assess the plans' effectiveness.
It is requested that the Agency hold the required public hearing
for the Town Centre I Redevelopment Project Area Implementation
Plan this evening. The public has been notified of the hearing in
accordance with the Community Redevelopment Law requirements.
In addition, the law also allows the Implementation Plan to be
amended following a public hearing. Staff recommends the
Implementation Plan be amended to include the addition of three new
projects which are addressed in this staff report for discussion at
the public hearing.
RECOMMENDATION: That the Agency: 1) hold the public hearing and
take testimony; 2) consider staff's report; and 3) approve the mid-
term progress report and amend the Town Centre I Implementation
Plan by adding four projects.
TC -;2 7-/3
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Page 2, Item
Meeting Date 08/19/97
BOARDS/COMMISSIONS RECOMMENDATION: On Ausust 7, 1997, the To~
Centre Project Area Committee reviewed staff's mid-term progress
report and proposed amendment to the Town Centre I Redevelopment
Imnlementation Plan. The Committee voted 4-0 to recommend that the
Redevelopment Agency: 1) accept the mid-term progress report on
the Town Centre I Redevelopment Implementation Plan; and 2) approve
the proposed amendment to the Implementation Plan.
DISCUSSION:
The Implementation Plan for the Town Centre I Project Area
(Attachment C), approved on December 13, 1997, describes the To~
Centre I Redevelopment Project Area, blighted conditions present,
elimination of blight through 1994, specific goals and objectives
for future efforts in the Project Area, and describes programs and
expenditures to address remaining blight.
The purpose of the mid-term public hearing, as required by the
Community Redevelopment Law, is to review the efforts and progress
made_in eliminating blight in the Project Area over the past two
and one half years in terms of programs and expenditures cited in
the Implementation Plan. It also discusses further actions to be
undertaken for the duration of the five-year plan which expires on
December 31, 1999. At that time, the Agency will be requested to
review additional progress and approve a new Implementation Plan
for an additional five years.
At the time of approval of the Redevelopment Plan, blighted
conditions included the mixed character and under-utilization of
land uses, prevalence of small lots and obsolete structures. At
the time of approval of the Implementation Plan, the Agency noted
the urgency of hiring a Town Manager and establishing a clear
direction for the revitalization of Town Centre.
After consideration of the progress made in the Town Centre I, it
is requested that the Agency consider amending the Town Centre I
Implementation Plan to add four projects to further the efforts to
eliminate blight and strengthen the economic vitality of the Town
Centre.
I1'l'LEMEN'l'ATION PLAN PROJECT ACCOMPLISEMENTS
The following activities have been completed within the Town Centre
I since the adoption of the five year implementation plan for the
Project Area.
1. l'.n undersized waterline in Landis Avenue north of F Street was
upgraded to accommodate future commercial development.
2. The Redevelopment Agency consolidated and conveyed 2.4 acres
of Agency-owned property located at the northwest corner of
TC - d-~ -;3
Page 3, Item
Meeting Date 08/19/97
Third and Alvarado p~renues to the Sweetwater Union Eigh School
District for redevelopment.
3. T-....o ne',; commercial buildings are under cor..struction within the
Downtown and the renovation of many of the public facilities
located in Memorial Park have been completed.
4. Agency staff has assisted the Town Centre's Downtown Business
Association (DBA) in organizing the California Main Street
Program Operating Committees and is currently assisting the
DBA in further developing the Main Street program concept of
managing the commercial downtown area to strengthen the
economic viability of the Town Centre I.
The DBA hired and currently pays for a part-time Downtown
Manager and has established four main street operational
committees. The committees consist of DBA members and are
assisted by City staff. The DBA hired and pays for a manager
to operate an expanded, weekly Farmers Market and Crafts
_Faire. Special project committees have been established for
other major promotional events such as the annual Lemon
Festival and an International Film Festival. These
revitalized and new promotional events will contribute toward
attracting an expanded customer base to the Downtown.
5. The City council/Redevelopment Agency held public workshop on
the Town Centre I. As a result, the DBA (in cooperation with
the Chamber of Commerce and Southwestern College SBA Center)
sponsored a consultant facilitated roundtable series to
determine strengths and weaknesses and perceptions of
Downtown, and to develop a vision for the Project Area.
In addition, an educational workshop for Downtown merchants
was held and a series of individual business evaluations were
conducted. These activities have the pot~ntial to strengthen
the public/private partnership between City/Agency, local
business groups, and the DBA.
The completed activities implement specific goals and objectives
stated within the Implementation Plan and work toward eliminating
identified blight within the Project Area.
6 . Housing
During the first two and a half years of this citywide five year
plan, the Agency has attained 47% of its housing goal. Eighty-
three (83) units of a projected 175 units were assisted using
Redevelopment Low and Moderate Income Funds. Of these 83 units,
none were located in any of Chula vista's five redevelopment
proj ect areas _ No displacement occurred during this period,
however, 63 units are expected to be displaced in Town Center II
rC-~1 -13
Page 4,
Meeting Date
Item
08/19/97
during the next couple of years. These 63 units will be replaced
by surplus ~~its Chula Vista has accumulated over the years. In
addition, 401 units were assisted by City staff using non-Agency
fu..'"l.ds .
More details on the progress of meeting the Agency's housing goals
are provided in the report marked Attachment B. Each of the five
redevelopment area plan updates has the same summary and report,
which reflects citywide activity.
GOALS AND PROGRAMS FOR TEE REMAINING TWO AND ONE HALF YEARS
The Five-Year Implementation Plan for the Town Centre I
Redevelopment Project Area will expire at the end of 1999. For the
remaining period covered by the Implementation Plan, staff intends
to imp1e!Ilent the projects outlined below. In addition, other
activities and projects which will implement the goals and
objectives of the Plan also may be completed throughout the
duration of the Plan.
1. Redevelopment of Third/Alvarado Site (Area 1 on Locator Man)
Staff will continue to focus on the redevelopment of the 2.4 acre
site recently conveyed to the Sweetwater Union High School
District. The District is exploring alternatives to finance the
development of their new headquarters on this site which will allow
them to relocate from their current inadequate facilities on Fifth
Avenue (in the Town Centre II Project Area) .
Staff costs are estimated at $50,000 over the next 2-1/2 years.
Additional funding may be necessary to participate in
infrastructure improvements.
2. Redevelopment of Northwest Co=er of Third and "Hn Street
(Area 2 on Locator Man)
Staff will continue to work towards the consolidation of small
parcels and coordinated redevelopment of this prominent corner to
its highest and best use. The Agency currently owns several small
parcels in this area. However, redevelopment will require further
acquisitions and/or the participation of property owners in order
to consolidate parcels for a significant project.
Staff costs are estimated at $75,000 for this project.
3. Downtown Business Association Promotions and Marketing
Agency staff will continue to work with the local merchant's
association (DBA) in implementing the Main Street Program concept
of managing the commercial downtown area to strengthen and support
the vitality of the area. The DBA will continue to organize and
manage promotional events, define strategies and direction for
TC-3o -6
Page 5, Item
Meeting Date 08/19/97
further revitalization efforts, and provide educational resources
to assist local businesses.
Staff time, consultants fees and promotional assistance over the
coming 2-1/2 years are estimated at $60,000.
4. Capital Improvements
As public improvements are identified and become necessary to
implement the Redevelopment Plan's goals and objectives, they will
be proposed with cost estimates. These projects may include
directional signage, landscaping, streetscape and lighting
improvements.
Staff expenses for this continuous project are estimated at $30,000.
5. public parking Facilities
This project includes an upgrade of public parking lots by adding
improved night lighting. In addition, an analysis of the Parking
Dist~ict, meters and enforcement will be conducted. Alternatives
to resolve current parking issues will be presented to the DBA and
other groups for review and recommendations, and to the Agency for
final determination.
The City will institute a courtesy parking program on a temporary
basis within the downtown parking district in order to create a
more customer friendly atmosphere. A survey and financial analysis
of the program will be conducted and submitted to the
Council/Agency in several months for review.
Staff costs associated with upgrading the public parking lots are
estimated at $150,000. Staff costs associated with the Courtesy
Parking Program are estimated at $200,000.
ADDITIONAL PROJECTS/AMENDMENT TO THE REDEVELOPMENT PLAN
In accordance with Section 33490 of the California Community
Redevelopment Law, Implementation Plans may be amended at any time
by the Agency following a property noticed public hearing. Staff
recommends that the Agency consider amendment of the Town Centre I
Implementation Plan to add the project identified below. The
proposed amendment was included in the notification and public
hearing held this evening.
Amendment of the Redevelopment Plan
Staff will process an amendment to the Town Centre I Redevelopment
Plan. The proposed amendment to the Town Centre I Redevelopment
Plan would encompass the following:
TC -3/ -6
~
Page 6,
Meeting Date
"
Item
08/19/97
. Establish a new 12-year time period within which the Agency
may commence eminent domain activities within the Project
Area,
.
Extend by approximately 2-1/2 years, the time frame
which the Agency may incur indebtedness on behalf
Project, from July 6, 2001 to January 1, 2004,
. Extend the effectiveness of the Redevelopment Plan from July
6; 2001 "to July 6, 2016,
within
of the
. Extend the Agency's time frame to collect tax increment
revenue from July 6, 2011 to July 6, 2026, and
.
As necessary, modify the
financial limit and
Redevelopment Plan.
tax increment revenue and bonded debt
update other provisions of the
This activity will provide the tools to assist in the elimination
of blighting influences and help attract new development to the
area. Estimated cost for this activity is $80,000 in consultant
cost~ and $40,000 in staff costs when combined with the Bayfront
Redevelopment Plan Amendment.
Marketing Analysis/Cluster Recruitment
By the early 1990's the Town Centre I Redevelopment Project reached
a development plateau and the business environment has been fairly
stable since that time. To prevent a downward trend and to renew
the vitality of the downtown, it is recommended that the
Redevelopment Agency retain a retail recruitment consultant to
prepare a marketing trend analysis and to implement a cluster
recruitment program for the area.
Staff time and consultant services are estimated at $80,000 for the
next 2-1/2 years.
Leader Building Redevelopment (Area 3 on Locator Map)
The Leader Building located at 221 Third Avenue has been vacant for
a nUlIlber of years. The owner of the property also owns an
adj acent, vacant building and parking lot. The owner has indicated
that he may be interested in redevelopment of the properties and
staff is working with the owner to obtain letters of interest from
potential developers. It is estimated that approximately $50,000
is needed to bring the Leader Building up to code and about
$150,000 will be needed to upgrade the building for market rate
leasing or sale.
Staff time and development incentives is estimated at $75,000 for
the next 2-1/2 years.
FISCAL IMPACT: The estimated costs associated with each project
are indicated above. The costs include staff, consulting and
development related expenses and may be budgeted, as funds permit,
Te -3.;L-..6
Page 7, Item
Meeting Date 08/19/97
i~ a single or multiple fiscal years. It is the intention of staff
to complete as many of the projects listed as practical depending
upon the availability of funds, feasibility, priorities and
workload. It should be noted that inclusion of a project in the
Implementation Plan does not require the l'_gency to budget and
complete a project, nor preclude the Agency from undertaking any
additional qualified projects.
Total Redevelopment staff costs for implementation of proj ects
remaining to be completed are estimated at $720,000 over the next
2-1/2 years. These are very preliminary estimates and subject to
change and refinement.
For housing in particular, frcm July 1994 through June 1997,
$2,566,451 was spent from the Redevelopment Moderate and Low Income
Fund to assist approximately 83 units (plus land acquisition for
the development of another 18 units) in non-redevelopment project
areas. The expected expenditure for the rest of the plan period,
July 1997 through December 1999, is approximately $2.8 million for
92 units remaining from the original 175 units in the 5-year plan.
1'.TTACHMENTS
A - Locator Map
B Housing Implementation Plan Update
C Town Center I Five Year Implementation Plan including the
following exhibits:
Exhibit A - Redevelopment Area Boundaries
Exhibit B - Matrix
Exhibit C - Housing Implementation Plan
(FK) H:\HOME\COMMDEV\STAFF.REP\08-19-97\TCIIMPLE.AGD
[March 11, 1998 (11:08am)]
TC -33-.6
SECTION 0
An Explanation of Why Elimination of Blight Cannot
Be Accomplished By Private Enterprise Acting Alone
or Through Financing Alternatives Other Than Tax
Increment Financing
Why Private Enterprise Cannot Independently Eliminate Blight
A variety of physical factors inhibit the ability of the private sector to undertake redevelopment
activities. First, a majority of the parcels within the Project Area are of inadequate size to
accommodate contemporary commercial use. In order to create a parcel of adequate size, the
private sector must assemble multiple parcels under mixed ownership. As a result, private sector
investment in the Project Area is more costly and time consuming because of the need to
negotiate acquisition of properties from multiple property owners; property owners in
neighboring communities of larger lots under single ownership are not faced with such
handicaps.
The overall physical condition of many buildings in the Project Area also inhibits private
investment. Deteriorating buildings require significant and costly renovations in order to attract
new users and customers. Because of the predominance of blight throughout the Project Area,
private enterprise investment on one parcel in no way guarantees that neighboring parcels will be
similarly redeveloped.
Economic factors also discourage private enterprise investment in the Project Area. In areas
where underutilization has led to low lease rates, property owners lack sufficient rental income to
meet both operational costs and capital expenditure needs. Consequently, capital improvements
are often deferred. Also, due to competition from surrounding cities, as well as the physical and
economic blighting conditions throughout the Project Area, many business have struggled to
remain viable.
Rosenow Spevacek Group, Inc.
June 2, 1998
D-I
!~ -,3;V-15
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
~
In light of these physical and economic constraints, private enterprise has generally not been able
to invest in the Project Area to alleviate the blighting conditions. However, the Amendment
enables the Agency to continue its important role in facilitating redevelopment efforts to correct
these and other physical and economic conditions. By extending the time the Agency may
initiate eminent domain to benefit lot consolidation efforts, incur debt to finance new projects,
continue the effectiveness of the redevelopment program, and collect ta"{ increment revenue, the
Agency will be able to work with the private sector to complete redevelopment in the Project
Area.
Reasons for the Provisions of Tax Increment
An analysis of the City's financial statements indicates that the City cannot fund redevelopment
implementation without tax increment financing. Since 1992, the General Fund budget has
experienced a 20% overall increase, while property and sales ta"{ revenues to support these costs
have increased by 8% over the same time period. Currently, all City General Fund resources are
pledged to operations or reserved for specific purposes, such as retirement funds, insurance
reserves, and emergency contingencies. If these funds were reallocated to redevelopment uses,
the City General Fund would be faced with a funding shortfall in its existing commitments. In
addition, the passage of Proposition 218 in November 1996 presents new impediments to
assessment district creation and revenue generation. Increasing development fees is also not a
viable option, since increasing such fees would only further handicap the City's overall
economic development efforts to attract new business to the Project Area.
Consequently, ta"{ increment revenue will be an essential funding source for redevelopment
activities.
Rosenow Spevacek Group, Inc.
June 2,1998
Chula Vista Redevelopment Agency
D-2 Town Centre I Amendment No. 5-
TC - sS - 8 Report to tile City Council
SECTION E
Method of Financing and Economic Feasibility of the
Project
General Financing Methods Available to the Agency
Redevelopment of the Project Area is proposed to be financed with a combination of a variety of
resources, including:
. Financial assistance from the City, County, State of California and/or Federal
Government;
. Tax increment revenue;
. Bonded debt;
. Proceeds from lease or sale of Agency-owned property;
. Loans from private financial institutions; and
. Any other legally available source.
The more typical sources of redevelopment financing that may be employed with the Project are
described below.
Financial Assistance from the City. County. State. and/or the Federal Government
Historically, the Agency has received loans and advances from the City for planning,
construction, and operating capital for administration of the Project until such time that sufficient
ta.x increment revenue is raised to repay loans and provide other means of operating capital. The
City has also deferred payments on Agency loans for land purchases, to benefit the Agency's
cash flow. Typically, such monies are used to meet short-term cash flow needs as the City's
General Fund cannot carry extensive levels of Agency debt at the risk of threatening the City's
own cash balances.
Rosenow Spevacek Group, Inc.
June 2, 1998
E-l
Ie -30 -./3
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to tl,e City Council
"
As available, other funds such as state gas tax funds and federal Community Development Block
Grants were, and will continue' to be used, as appropriate, to pay the costs of Project
implementation. The Agency and City will also continue to work together to pursue other
available grants and loans. The City or other public agencies may also issue bonds on behalf of
the Agency and provide in-kind assistance.
Prooertv Ta'{ Increment
The Agency will continue to use property tax increment as provided for in Section 33670 of the
Law, and is authorized in the Plan to employ ta'{ increment financing to underwrite Project costs.
Ta'{ increment revenue may only be used to pay indebtedness incurred by the Agency;
indebtedness includes principal and interest on loans, monies advanced, or debts (whether
funded, refunded, assumed, or otherwise) incurred by the Agency to financ";. or refinance, in
whole or in part, redevelopment activities.
As a result of the adoption of Amendment No.1 by Ordinance No. 1872 in 1979, the financial
provisions of the Existing Plan were merged with the Bayfront Redevelopment Plan, permitting
the Agency to employ resources from both project areas to underwrite implementation costs in
either project area.
The Amendment proposes to extend the time period within which the Agency may collect tax
increment revenue by 15 years. Under the Existing Plan, the Agency is prohibited from
receiving ta'{ increment revenue after July 6, 2011, except for the purposes of financing housing
production obligations required by Section 33413 of the Law and indebtedness incurred prior to
January 1, 1994. The Amendment would extend this time limit to July 6, 2026.
The Amendment would not amend the Existing Plan's $84.0 million cumulative tax increment
cap. According to the City Finance Department, a total of $13,093,055 of Project tax increment
has been collected under the existing $84.0 million cap as of June 30, 1997.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-2 Town Centre I Amendment No. 5-
Ie -3 7 -.8 Report to tire City Council
'.
Project tax increment revenues are distributed to an array of obligations. As required by Section
33334.6 of the Law, twenty percent (20%) of Project tax increment revenue is deposited into the
Housing Fund for the purposes of increasing, improving, and preserving the community's supply
of low and moderate income housing.
The remaining 80% of the tax increment revenue will be used to pay for taxing entity
obligations, debt service costs, and other implementation activities. Remaining nonhousing
revenues will finance some of the proposed infrastructure capital facility and economic
development programs within the Project Area.
Bonded Debt
Under the Plan, the Agency would have a capacity to issue bonds and/or notes for any of its
corporate purposes, payable in whole or in part from tax increment revenue.
Historically, bonded debt has been an integral component of the Agency's financing program to
eliminate blight in the Project Area. The Agency has three outstanding bond issues which are
funded in part by Project tax increment revenues; these bonds, which are obligations of both the
Project and the Bayfront Redevelopment Project, are enumerated below:
1) 1994 Senior Tax Allocation Refunding Bonds, Series A
2) 1994 Subordinate Tax Allocation Refunding Bonds, Series C
3) 1994 Subordinate Tax Allocation Refunding Bonds, Series D
The Amendment will not change the Existing Plan's $20.0 million limit on the amount of bonded
debt principal which may be outstanding at anyone time. This $20.0 million will remain the
same in the proposed Plan.
Rosenow Spevacek Group, Inc.
June 2, 1998
E-3
IL
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
3!8 -.t3 Report to the City Council
Lease or Sale of Agencv-Owned Property
The Agency may sell, lease, or otherwise encumber its property holdings to pay the costs of
Project implementation.
Participation in Development
If the Agency enters into agreements with property owners, tenants, and/or other developers
which provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay
Project implementation costs.
Other Available Sources
Any other loans, grants, or financial assistance from the federal government, or .any other public
or private source will be utilized, as available and appropriate. The Agency will also consider
use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Law to
provide construction funds for appropriate projects. Where feasible and appropriate, the Agency
may use assessment district and/or Mello-Roos bond financing to pay for the costs of public
infrastructure, facilities, and operations.
'Projected Tax Increment Revenues
Project implementation, and specifically new development throughout the Project Area, will
generate tax increment revenue. Tax increment revenue is generated by increases in the assessed
value exceeding the 1975-76 base year assessed value of the Project Area. (The Amendment
will not affect the base year value of the Project Area.)
Table E-1 presents the projected tax increment revenues for the Project. Actual 1997-98
assessed values have been incorporated into the projections. Future secured assessed values in
Rosenow Spevacek Group, Inc.
June 2, 1998
E-4
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
rc.-39-6
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TC - t../ I ,....13
the Project Area are assumed to increase by 5% annually, while unsecured an~ nonunitary utility
values are assumed to grow by 2% annually.
Under the Existing Plan, the Agency would be generally prohibited from collecting tax
increment revenue after July 6, 2011.1 Over the period between 1998-99 and 2010-11, RSG
estimates that approximately $18.6 million in tax increment revenue could be generated. This
revenue would consist of $3.7 million in Housing Fund revenues and $14.9 million of
Nonhousing Fund revenues.
The Amendment, among other things, extends (by 15 years) the time frame that the Agency may
collect tax increment revenue to July 6, 2026. As a result, the Agency stands to collect more tax
increment revenue under the proposed Plan as compared to the Existing Plan.
If the Amendment is adopted, the Plan enables the Agency to receive tax increment revenue until
fiscal year 2025-26. Between 1998-99 and 2025-26, RSG's tax increment revenue forecast
estimates that approximately $50.6 million of gross tax increment revenue could be generated by
the Project. Of this amount, $10.1 million would be deposited to the Agency's Housing Fund,
and $40.5 million would be available to the Nonhousing Fund.
Because the Amendment extends the time frame to incur debt and duration of the Existing Plan's
effectiveness, the Agency would be required to share a portion (projected to be approximately
$3.7 million) of its Nonhousing Fund revenue with the affected taxing agencies pursuant to
Sections 33607.5 and 33607.7 of the Law ("Statutory Payments"). These Statutory Payments
would commence in the fiscal year after the first of these limits would have been reached, or
starting in the 2002-03 fiscal year.
According to Section 33607.5 of the Law, beginning in fiscal year 2002-03, the Statutory
Payments are equal to 25% of the Project's annual nonhousing tax increment revenue in excess
I Pursuant to Section 33333.6(g) and (h), this time limit does not apply to the allocation of taxes to eliminate affordable housing deficits created
under Section 33320.5(e) Section 33334.6(g), or Section 33487(d) in accordance with a plan to eliminate housing production deficits or
implement a replacement housing program pursuant to Section 33413, nor does it affect the validity of any indebtedness authorized by the City
Council prior to January 1. 1994.
Rosenow Spevacek Group, Inc.
June 2, 1998
E-S
TC-
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
4 J..-. -,8 Report to tIre City Council
..'
of 2001-02. These Statutory Payments are subject to two subsequent increases. The first
increase in Statutory Payments would take effect in fiscal year 2012-13. When the Agency
would be required to pay 21 % of the incremental increase in nonhousing tax increment revenues
exceeding amounts in 2011-12. The Law further provides for a second increase in the Statutory
Payments that would commence in fiscal year 2032-33. However, because this increase would
occur after the Plan's July 2026 time limit on the collection of ta"{ increment revenue, no
additional Statutory Payments in this instance would be required.
The actual amount of the Statutory Payments will vary based on the amount of tax increment
revenues collected by the Agency each year. A forecast of Statutory Payments has been included
on Table E-1 in this Section. Should actual tax increment revenues exceed or fall below these
projections, actual Statutory Payments would be higher or lower.
The following Table E-2 is a list of affected taxing agencies - each being. entitled to their
respective share of the Statutory Payment. All agencies receive their share of the Statutory
Payments, except for the City of Chula Vista, which, by Section 33607.5, is only entitled to their
share of the first 25% of the Statutory Payments.
Rosenow Spevacek Group, Inc.
June 2, 1998
E-6
TC-
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
43 -,8 Report to the City Council
List of Affected Taxing Agencies
Town Centre I Redevelopment Plan Amendment TABLE E-Z
Agency Name
Fund Number
1 % General Levy
County of San Diego General Fund
Chula Vista Elementary School District
Sweetwater Union High School District
Southwestern Community College District
County of San Diego School Service
Educational Revenue Augmentation Fund
South Bay Irrigation District
City of Chula Vista
1001
4117
4259
4460
4535
5022
6364
6014
Override Levy
Metropolitan Water District
County Water Authority
6725
6752
Levy Rate
0,26474504
0.29091448
0.18814961
0.05070091
0,01650909
0.00415631
0.18482456
1.00000000
0.00890000
0,00120000
1.01010000
Source:
County of San Diego Auditor-Controller's report of Community Redevelopment Agency
Tax Rate Area Impact report for TRA 001091, and Tax Rates By District. (Both.,eflect
1997-98 secured and unsecured tax rates)
Economic Feasibility Analysis
The Amendment enhances the economic feasibility of Project implementation by permitting the
Agency more time to incur and repay debt. Table E-3 compares the cumulative tax increment
revenue flows anticipated both with and without the Amendment. As indicated in Table E-3,
given the assumptions on growth described earlier in this section, the Amendment would provide
the Agency with the capability to collect $32.0 million (172%) more gross tax increment revenue
by extending the time limit to collect revenue by 15 years.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-7 Town Centre I Amendment No. 5-
TC - c..(y -B Report to the City Council
lawlY C'erJtre r Redevelopment Plan Amendment TABLE E-'I
Projected Economic Benefit of Amendment
Total Tax Increment
Tax Increment Received (6/30/98)
Future Tax Increment
Housing Fund
Nonhousing Fund
Statutory Payments
Net Nonhousing Fund
'.
Without Amendment With Amendment Increase I (Decrease)
$31,658,935 $63,669,400 $32,010,465
13.089,449 13,089,449 -
18.569,486 50,579.951 32.010,465
3.713,897 20% 10.115,990 20% 6,402.093 20%
- 0% 3,712.372 7% 3.712.372 12%
14,855,589 80% 36.751.589 73% 21.896.000 68%
Source
Cumulative Tax Increment Revenues projected on Table E-1
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-8 Town Centre I Amendment No, 5-
T"t -1:s- - t3 Report to the City Council
State Relocation Law (Govt. Code Sec. 7260-7277)
TC-47-13
(I) Expressed in \;7i:i::g his willinpess to SU:7e::ce~ possessicn of the pr~Fe~;y
on or arte:" a sta~d date.
(2) Withdrav.ll any portion of the deposiL
'.
(0) The order for possession shall:
(1)
Recite that it has bee::! made under this section.
(2)
to the complaint.
Describe the prope:;y to be acquired, which description may be by reference
(3) State the date afte~ which plaintiff is authorized to take possession of the
prope:;y. Unless the plaintiff requests a later date, such date shall be LlJe date stated by the defendant
or, if a portion of the deposit is withdrav,ll, the earliest date on which the plaintiff would be entitled
to ta.'<e possession of the property under subdivision (c) of Section 1255.450.
1255.470. By taking possession pursuant to this chapter, the plaintiff does not waive the
right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
1255.480. Nothing in this article limits the right of a public entity to exercise its police
power in emergency siruations.
A poeodix 16
Government Code. Section 6063
6063. Publication of notice pursuant to this section shall be once a week for three successive
weeks. Three publications in a newspaper regularly published once a week or oftener, with at least
five days intervening between the respective publication dates not counting such publication dates,
are sufficient. The period of notice commences upon the first day of publication and terminates at
the end of the twenty-first day, including therein the first day.
A ooendix 17
Government Code Section 6066
6066. Publication of notice pursuant to this section shall be once a week for two successive
weeks. Two publications in a newspaper published once a week or oftener, with at least five days
intervening between the respective publication dates not counting such publication dates, are
sufficient. The period of notice commences upon the first day of publication and terminates at the
end of the fourteenth day, including therein the first day.
Aopendix 18
Government Code Sections 7260 - 7277
7260. As used in this chapter:
rc-1~-L3
'Cl Slndling. Yoc~. Carlson & R.:luth. 1998
A-27
.
(2) "P.~blic ~::.dr:" ir.cit.:c~s t':~ s'-'.~, the Re;~:m or t,e l'nive~sity cf C21i:er::':2. 2
ccu!:..;, C;'f. cit'f and count'!, dis::-:c:, public 2ut!lOrir:', public 2g~::.cy, arid any otle~ politc2!
s-..:i;division or public corporation in t.':~ s'-'.~ or <L"lY e::.tir:, acting on be::.2.lf of these age:;c:es wh~:1
2c:;uiring re:.1 prope:<y, or any interest wlerein, in any city or counr:' for pub-Hc use :l.'1d any person
who has L".~ authority to acquire prcpe:<y by e~rlinent domain und~~ s'-'.~ law.
(b) "Person" means any individual, partnership, corporation, limited liability oompa.iy,
or associatien.
(c)
(1)
"Displaced person" means both of the following:
(A) Any person who moves from real property, or who rr.oves his or her
personal property from real property, either: .
(i) As a dire::t result of a \\Tinen notice of intent to acquire or the
acquisition of the real property, in whole or in pan, for a program or proje::t underta.lcen by a public
e:1tity or by any person having an agreement with or acting on behalf of a public e::.tity.
(ii) As a dire::t result of the rehabilitation, demolition, or other
displacing activir! as w1e public entity may prescribe under a progra.TJl or proje::t underw.ken by.a
public entity, of real property on which the person is a reside:1tial tenant or conducts a business or
farm o.l)eration, in any case in which the public entity determines that the displacemem is permanent.
For purposes of this subparagraph, "resid~:1tial tenant" includes any occupant of a residential hotel
unit, as defined in subdivision (b) of Section 50669 of the Health and Safety Code, and any oCCupant
of employee housing, as defined in Section 17008 of the Health and Safety Code, but shall not
include any person who has been determined to be in unlawful occupancy of the displacement
dwelling.
r
'-
(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 wrinen 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 Ulldertaken 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) The definition contained in this subdivision shall be construed
so that persons displaced as a result of public action receive relocation benefits in cases where they
are displaced as a result of an owner panicipation 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 persons or families of low and moderate
income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing
which 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: f,
(A)
the displacement dwellings.
Any person who has been determined to be in unlawful,occupancy of
IIC Stradling. Yocc.J., C.J.rlsoo &. Rauth. 1998
rc-41--.8
A-28
(3) AJ'j ~e:son wr:ose right ofpo5Sessicri at L~= ti~e of r7:C';:i.g c:;:,s~ 2.::=:-
t.~~ C:l:= of t~.c pubiic e~dry's 2cquisluon of Li.e r~:!l proper::,....
(C) Any pe:-son who has c<:cupie:j the rea! prope;;' for l~e pt:Qose of
cbaining assis=ce unce:- this chapter.
(D) In any case in which the public e:1tity acquires proper::' for a program
or project (other than a person who was an c<:cupa.rlt of the prope. ,y at the time it was acqt:ired), 3..'1Y
pe:-son who c<:cupies the property for a period subje::t to termination when the propelC'; is needed for
l1e progran or project.
(3) (A) Notwithstanding Se::tion 7265.3 or any othe:- provision oilaw, a person
who is temporarily displaced for not more than 180 days, and who is offe:-ed c<:cupancy of a
comparable replacement unit located within the sane apanment complex that contains the unit from
which he or she has been displaced, shall not be deemed a "displaced person" for the purposes of this
chapter. This paragraph shall be applicable only if all of the following conditions are complied with:
(i) All other financial benefitS and services otherwise required
unde:- this chapter are provided to the tenantS temporarily displaced from their unitS.
(ii) The resident is offered the right to rerum to his or her original
unit, w'Tth rent for the first 12 months subsequent to that rerum being the lower of the following: up
to 5 percent higher than the rent at the time of displacement; or up to 30 pe~cent of household
income.
(iii) The temporary unit is not unreasonably impacted by the effectS
of the consrruction, taking into consideration the ages and physical conditions of the members of the
displaced household, and the estimated periodof displacement is reasonable.
project.
(iv) The property is a qualified affordable housing preservation
(B) For the purposes of this paragraph:
(i) "Apanment complex" means four or more residential rental
unitS subject to common ownership and financing that are also located on the same or contiguous
parcels.
(ii) "Qualified affordable housing preservation project" is any
complex of four 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 shall have, at the time of the recordation of the regulatory agreement
required by this section, 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 of California. In addition, a
project shall be defined as a qualified affordable housing preservation project only if the beneficiary
of the regulatory agreement electS this designation by so indicating on the regulatory agreement.
(d) "Business" means any lawful activity, except' a farm operation, conducted for any of
the following:
C StrJd!ing. YOCC:J,...CJ.rlson &. R.luth. 1998
A-29
T L _~-V -.8
~'
(1) P:iI:1arily fer tI:~ purchase. sale. lease. or re:1t:lI of pe:"sJnal a::d re21 pr~p~:Ly.
:L~d ior II':: r;;2.nuiac~.Jre, precessing, er r;;arke:ing oi procuctS, commc~iti:s. or a:-;y OL'::~ pcrs;:m2.!
prop:,,:, .
(2) Primarily fer 111e sale of services to l'1e public.
(3) Primarily by a nonprofit organization.
(4) Solely for the purpose oi Section 7262 for assisting in the purchase, sale,
resale, m2.nuiacrure, processing, or marketing oi products, commodities, personal property, or
se~vices by the erection ~d maintenance oi an outdoor adve:-Jsing 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
oi on: 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 suppor"
(I) "Affected property" means any real property which actually declines in fair market
value because of acquisition by a public entity for public use of ather real property and a change in
111e 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 t
thereby.
(i) "Comparable replacement dwelling" means any dwelling that is all of the following:
(I) 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 25 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 a public
entity, or by a person having an agreement with a public entity, prior to January I, 1998.
C Str:ldling. Yocca. C:J.rlson & Rauth. 1998
(C) Prior to January 1, 1998, a public entity, or a person having an
A-30 T~ -S' I -L3
'..
~g:-e=:ne:-:.: ',1..~tL1 a public e:lti~l. inicia~d r:egoca:ions to acqui:= t~~ prc~e:7..v. cr: w~jc~ w~~ cis;:I::.c=:
--on r~<:::":""s
~c:..) '--''--.
(D) Prior to hnuar:1 I, 1998, a public e::tity, or a pnon having an
agreeme:1t wirh a public entity. entered into 2....11 agreeme:lt [0 acquir~ l:.~e plope~l on which the
displaced pe~son resides.
(E) Prior to Ja!lUary 1, 1998, a public entity, or a pe~son having an
agreemem with a public entity, gave v,Tit".en notice of inte:!t to acquire the prope~ on which the
displaced pe~son resides.
(F) The displaced person is cove~ed by, or resides in ~1 area or project
covered by, a final relocation plan that was adopted by u1e legislative body prior to Ja!lUary 1,1998,
pursuant to this chapter and the regulations promulgated thereunde~.
(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 bee:! submi~d prior to January 1,
1998, to the De?artment of Housing and Community Developmem or to a local relocation commit"cee,
or for which notice was required to have been provided to occupants of the propmy prior to January
1, 1998, pursuant to this chapter and the regulations promulgated there'Jnde~.
(H) The displaced person is covered by, or resides in an area or project
covered by, a proposed relocation plan that was submit"ced prior to January I, 1998, to the
Deparrrnem of Housing and Community Development or to a local relocation commit"cee, or for which
notice was provided to the public or to occupantS of the property prior to January I, 1998, pursuant
to this chapter and the regulations promulgated thereunder, and the person is evenrually 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.
(1) The displaced person resides on property where an owner participation
agreemem, or other agreemem berween 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 p'rior 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 emity showing that he or she did reside in the property at the time Of the agreement and is
evenrually 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 fearure of the displacement dwelling, the principal fearures shall be present.
(5) In an area nO! subject to unreasonable adverse environmental conditions.
(6) In a location generally not less desirable than the location of the displaced
persons dwelling with respect to public utilities, facilities, services, and the displaced person's place
of employment.
TC-S~ -/3
0: S~r::J,dlir.!;. Yo~::.l, CJ.rlsan & RJUlh. 1998
A-31
.
U) -Displacing ag::::cy" r::::3.;~S 2::' pubiic e:1c:;:,l or pe:scn c3.J.-r:,1'ing C1.:: a p~2g:-.:..::i c:-
prcjc-:: which caI.:ses a perscn to be a C:splaced person far a pI.:biic projc-::.
(k) . Appraisal" means a w71,.e:J s:at.eme:Jt indepe:Jde:Jtly and imparriaii:' pre;;a:ed by a
qualified appraiser setting fonh an opir:ian of defined value of an adequately descriced prcpe~, as
of a specific date, suppor.ed by the prese:J:atian and analysis of relevant ma:ket information.
,-
(1) .Small business. means a business as defmed in Pm 24 of Title 49 of the Ccce of
Federal Regulations.
(m) . Lead a~ency. means the Depar-crnem of Housing and Cornrnuniry Developme:Jr.
7260.5.
(a) The Legislature finds and declares the following:
(1) Displacement as a direct result of programs or projects under.aken by a public
entity is caused by a number of activities, including rehabilitation, demolition, code enforcement, and
acquisition.
-- (2) Relocation assis:ance policies must provide for fair, uniform, and equitable
treacment 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 Legislarure 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
ma~imum extent feasible, assure that the unique circumstances of any displaced person are taken inca
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
TC-S3 -6
A-32
C Str:ldling. Yocc:J.. Carbon & RJuth. 1998
......,..;~..~.: ,-~.~ '1:-...l lee":: OOVQ-:-r-~"'. T;.....C'-..-,.. · ........-....j,.........; ~:.....,... i""''1I-
1...-....-.. "'--, '"-..... ....:. ......1.1....1,. i"'11..=.c.....~ lor 2.C.......I.i,l~l._lJh= _..._"" g...:....~.
(!) Tne poiicies ar:c procedures of L~is c::2.;:~:' st::...:! Cc a~r:"'dr:is:::::-ed i:~ a r:-.~i.r.c:-
which is ccnsisc=:'it with fair housing re:;uirer;;e:us and which ass-.:res all pCSJn.5 ti:eir rightS undc
Title VIIl of that act of April II, 1968 (Public Law 90-28~). ccr:;r;;only krlOwn as the Ci',il RightS
Act of 1968 ane! Title VI of the Civil Rights Act of 1964.
i260.i. NorNithstanding any otler provision of la',,,,, in nmhera..lce of the go::.! set forch
in paragraph (3) of subdivision (c) of Section 7260.5', nonprofit f:?cilities subsidized pursuant to my
federal or State prograrn for the benefit of low-income ter,a.'1ts that resrrict re:lt incre:?ses basd on
operating cost increa.s~s, md that also receive State funds for re:iOvation md rehabiiit1tion invoiving
t1e tempora.')' relocation of those tena.'1ts, shall be exempt from any restrictions on rents imposed
pursua.'1t to this chapter.
7261.
(a) Programs or projects underca.'<en by a public erltiry shall be planned in a mmner 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, tfJe proble:ns associard witft tl]e
displacement of individuals, families, businesses, and farm operations, and (2) provides for the
resolution of these problems in order to minimize adverse imoacts on diso!:?ced persons a.'1d to
_. . ..
expedite prograrn or project advancement and completion. The he:?d of the displacing agency shall
e:Isure the relocation assistance advisory services described in subdivision (c) <g'e made available to
all persons displaced by the public e:Itity. If the agency determines that any person occupying
properry immediately adjacent to the property where the displacing activity occurs is caused
substantial economic injury as a result thereof, the agency may ma.\;:e 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 md make timely recommendations on the needs and preferences,
if any, of displaced persons for relocation assistance.
/C -~-cf -- /!;
e SU'Jdling. Yoc'~J. Carlson & R.JutJ.. 1993
A-32.
.'
(2) r.ovide cu~e~t and continuing information on L1e ava:la.bilii7j, ~:es prices, a..,C
re:1uls of comparable reylaume:1t dwellings for displaced home:J"..ers ar.d t<:r.2r.:S, a.1C suiu~:e
lcatior.s for businesses and far.;'! operations.
(3) Assure that, within a re:lSonable time period prior to displac.e:ne:-.l, to L1e ex:e~t
L'1at it can ,be re:lSonably accomplished, L'1ere will be available in are:a.s not ger,erally less desirab:e
in regard to public utilities and public :md comme:cial facilities, and at rents or prices v.iiJ1in l'1e
finar,cial rne:lns of displaced families and individuals, dece:1t, safe, a.1d sanitary dwellings, sufflcic:1t
in number to'riieetthe needs'of, and available to, those displaced persons requiring e',ose dwellings . -_.
and re:a.sonably accessible to their places of e:nployme:1t, except that, in the case of a federally
funded project, a vr.Jver may be obtained from the federal govemr.1ent.
(4) Assure that a person shall not be required to move from a dwelling unless l'1e
person has had a reasonable opporomity to relocate to a comparable reylaceme:1t dwelling, ex~pt
in the case of any of the following:
(A) A major disaster as deflned in Section 102(2) of the federal Disaster Relief
Act of 1974.
-
(B) A state of emerge:1cy declared by L1e President or Governor.
(
(C) Any other emergency which requires the person to move irrunediately from
the dwelling because continued occupancy of the dwelling by the person constirutes 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 reylacement location.
,. _ .', (6) __Supply .inforrnationClJl)~g~er .federal and state programs which may be of · "
assistanu to those persons in applying for assistailce'under'theprogram.' p.... ......-
(I) Provide other advisory services to displaced persons in order to minimize hardships
to those persons.
(d) The head of the displacing agency shall coordinat<: its relocation assistan~ 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 assist.ance 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.
~
72-61.5. 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, flrn1, association,
or ccrporation for services in connection with such program, or may carry out its functions under
TC -~-S- ~ .8
c..-'I/r-'O , I').()~
L'<1
,
,
L'lis cha?~; t.'lrough any fede:--J, sute, or local go';emr..e:,:.aJ ~~~cy ha'lipg a;1 e.sublishe::
orp.,iz.:ltion for conducting relocation assis:.an~ programs. A.,y public entiry may, in c:arrjing out
its relocation assistance activities, utiliz.e the services of sute or local housing age~cies or ct.'le;
agencies having expe;ien~ in the adrrJ.nistra:ion or conduct of simila: ho~sing assisunce activities.
7262.
(a) Vihenever a program or project to be underta.'<e~ by a public entity will result in t.'le
displa~ment of any person, the displaced person is entitled to payment for actUal moving and related
expenses as the public entity determines to be re:l.Sonable and necessa.ry, including expenses for all
of the following:
(I) ActUal and re:l.Sonable expenses in moving himself or helOelf, 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 pe;sonal prope:1)' as a result of moving or
discor,tinuing a business or farm operation, but not to excd an amount equal to the re:l.Sonable
e:,?enses that would have been required to reloca~ the propet't)', as detemlined by the public e~tiry.
(3) Actual and re:l.Sonable expenses in searching for a replacement business or farm.
not to exceed one thousand dollars (S l,lXlO).
(
(4) Actual and re:l.Sonable expenses necessary to r=ublish a displaced farm, nonprofit
organization, or small business at its new site, but not to excd ten thousand dollars (SIO,lXlO).
(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 sulxlivision (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 , :roe._.._
schedule shall be consistent with the Residential Moving Expense and Dislocalion Allowance
Payment Schedule established by Part 24 of Title 49 of the Code of Federal Regulations.
(
(c) Any displaced person who moves or discontinues his or her business or farm operation
and elects to accept the payment author.ized 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 of the business or farm operation, except that the payment shall not be less than one
thousand dollars (SI,lXlO) nor more than twenty thousand dollars (S20,lXlO). 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 pan of a commercial
enterprise having at least one other establishment not being acquired, engaged in the same or similar
business. For purposes of this subdivision, the term .average annual net earnings. means one-half
of any net earnings of the business or farm operation before federal, state, and local income taXes
during the two taxable years immediately precerling the t.a:ohle ye:JI in which the business or fam1
operation moves from the real property being acquired, or during any other period as the public
entity determines to be more equiuble for establishing earnings, and includes any Cllmpensation 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 sulxlivision, the
business or farm operation shall maXe available its state inCllme t.u records, financial statements, and
rC~~le -~
A-34
'.
S'YCR 19')4
...'" .-.;..~ ..~... ...l f ::--!~"'.;-i 1 "" ... l',.l- . . '~....-....... r, ...,.....-- ....
ac.......lll..I...:.,:. . .....0 r..,;,$, or COnl1l.:.....4l..:.:.. us..... purSU:L-:~ to 2.:1 a...Lole to C:=:~~me t...... p~: .......l :--t..:. _.......:....~ ~~,
Ll!S silcci';:sicn. In re21rd to an ct.:.tcccr adve-jsinc- disc,ia','. ravce:1~ pUrSi.:.2..1t to t,=;'is s:.:i:d:';isicr.
_ . = ., t'.
s;1111 be lir;,i:=d to the a.-nour.: ne::essar; to physically move, or re;Jlace that 9isplay. Any dispia::e::i
persen e~igible for payments unce. subdivisicr; (a) who is displaced from the person' s pi?ce of
business or iarm operation and who is eligible under criteria es:.ablishd by r,le public e..tity. may
e~::::: to acce;Jt a fixed payment in lieu oi the payme:J.t authorized by subdivisicr; (a). The iixd
payment shall not be less than one r,':ousand dollars (S l.OCQ) nor more r,lan [,lIenr; r,':ousar,d ccllars
(520,000). A person whose sole business at the displacement dwelling is the renr2 of r,le prcpe:-ry
to Others shall not qualiiy for a payment under this subdivision.
(d) Whene'{er the acquisition oi real properLy used for a business or farm cperation causes
r,':e person conducting the business or farm operation to move from other real properLY, or to move
his or her personal properLy from or,ler real properLY, the person shall r::::eive payments for moving
a.'1d relarcd expenses under subdivision (a) or (b) and relocation advisorj assis:.ar.ce under Section
7261 for moving from the other properLY.
(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 tl]e 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 Commission.
(f) No provision of this chapter shall be construed to require a public entity to provide
any relocation assistance to a lessee if the property acquired for a program or project is subject to
a lease for purposes of conducting farm operations and the public entity agrees to assume all of the
terms of that lease.
7262.5.
(a) Notwithstanding Section 7265.3 or any other provision of law. tenants residing in any
multifamily rental project of four or more units who are displaced from the project for a period of
180 days or less as pan of a rehabilitation of that project, that is funded in whole or in pan by a
public entity, shall not be deemed permanently displaced if all of the followirig criteria are satistied:
(I) All other financial benefits and services otherwise reqoired under this chapter
are provided to the tenants temporarily displaced from their units, including relocation to a
comparable replacement unit.
(2) The resident is offered the right to rerurn to his or her original unit, with rent
for the first 12 months subsequent to that rerurn being the lower of the following: up to 5 percent
higher than the rent at the time of displacement; or up to 30 percent of household income.
(3) The estimated time of displacement is reasonable, and the project is a qualified
affordable housing preservation project.
(b) For the purposes of this section, "qualified affordable housing preservation project"
TC-S7 -13 .
.C Str'J.dling. Yoc::::-. CJ.rlsoo &. Kluth. 1998 A-35
shall h~'I'~ t:= ~cmi~g se~ fGr~l ir~ sutp2::l~:-~:'h (3') cf ca:J.~:":l:h (3) of s7..:cci";:.s:c:n (:) cf S:::cr.
- . . -.
7?EJ.
i263.
'.
(a) In addition to the paywe:Jts re<:;uired by Sc::::ion 7262, L".e public ec.tiry. as a p"""1 of
Lle cos, of acquisition, shall ma.1(e a paywe:u to the owne, of rea! prcpeITj acquired for putEc use
which is iI;Jproved with a dwelling acrually O\;lled and cc.."Upie:i by the ov.l1e, as a per.na.-.e:tt or
cus;omary and usual place of abode for not less L'lan 180 days prior to the initiation of negcr:ation
for L1e acquisition of that propercy.
(b) The payment, not to exceed t'Ne:Jry-two thousand five hundred doll~s (522,500), shall
be based on the following factors:
(I) The amount, if any, which, when added to the acquisition cost of the dwelling
acquired by the public entiry equals the reasonable cos, of a comparable replacement dwelling.
(2) The amount, if any, which will compe:lSate the displaced owner for a.'1Y
increased interest costs which the ov,ller is required to pay for financing ule acquisition of a
comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the
displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling
for r,.ot less Llan 180 days immediately prior to the initiation of negotiations for the acquisition of the
dwe:ling. All of the mortgages on the acquired dwelling shall be used to compute the payme:tL The
amount shall be computed using the lesser of u1e principal balance of the mortgage' on the
replacement dwelling or the outstanding principal balance of the mortgage on the acquired dwelling
and the lesser of the remaining term on the acquired dwelling or the actual term of the new mongage.
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.
.<
'f.
,
For the purposes of this subdivision, if the replacement dwelling is a
mobilehome, the term "mongage," as definecj 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: '
C SlrJdling. Yoce:l, CarLson & R.1uth. 1998
Ie -~ -13
A-36
~'
(1) -1"- d~~.:> ':--- di -'.. ~,...I -~.. ---...;, 0.4.......1 ...-.-......p I........ ...... di..:;:"'.\":r...-.......
HI". __ 1.0.... .S\.."l.::.C__ l,.__ son r ___./_'::J 111..'::':' 1.1':' u.......~ Vi .....- ._;- -"'-"''-'"
cv;e!ling. cr ir. t~e cas;: of cor.ce::-:.z:2tic~. the c'::~ t~c full a:ilour.t of ~S;;:7'.~:=-: jus: ::'JI7.~=:-:.S:l:iCi. is
ce~os~ted in cou~.
(2) The date the disDlacin~ a~enc'l fuliills iIS cbli~ador. to make anilabic a: le:m
. - - ~ -
cr.e comparable replace:nem dwelling to the displaced pe~son.
Howeve~, the displacing agency may ex;end the pdod for good cause. Also,
l'1e displaced ov.lle~ and the public entity may agree in writing that the displaced o\'.ller r;;ay re:;"ain
in cccupancy of the acquired dwelling as a r=naIU of the public entity on l'1e conditions tha: llJe
diSDlaced owner shall only be entitled to the payment authorized by this section on l'\e dare on which
l'1e' owne~ moves from the acquired dwelling ar:d 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 replace:nem
dwelling one year subsequent to the dare or. which final payment was received for the acquired
dwelling from the public entity.
(d) In implementing this chapte~, It IS the intent of the Legislarure that special
consideration be give:! to the financing and location of a comparable replaoe:nent dwelling for
displaced persons 62 years of age or olde~.
_ 7263.5. For purposes of Se-:tion 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 llJe United States, as published liy the Public Health
Service of the Department of Health, Education, and Welfare, shall be deemed a purchase of LlJe
condominium.
7264.
(a) In addition to the payments required by Se-:tion 7262, as a part of the cost of
acquislUon, the public entity shall ma.1(,e a payment to any displaced person displaced from any
dwelling not eligible to receive a payment under Section 7263 which was acrually 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 Code of Federal Regulations. Payments up to the
maximum of five thousand two hundred fifty dollars ($5,250) shall be made in a lump sum. Should
an agency pay pursuant to Section 7264.5 an 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 rep1!lcement dwelling shall take into account the person's income.
1: Sl:":ldling. Yocb.. CJ~!soo & RJutb.. 1999
fC - ~-1:J -,e
A-37
(~'I ~ -,V ~'-'Cr. .:;.,::-',. ',','- . P'''-'- t.: C ,: ~"":-'c- (-) ~ .~':'. '. ',.C.o
- ... - :--........ . ......=.-.... .... ~':'./....""'.~ !:: .~:- ..i.l:.....1..::~ l.~ .::. 1...3.:: ..:...._. ..... :_:-:-.'. _
-..-....... .,..... ... ACv..-r-:-.........e-. Cr. ..._,J Cf:"",_' ',..l I e--e--es P"--' ,... r.... ':"e CC---2S'" C' a c....-...-.
p<:.:.u.......~~...., <:.1.. ..~'.;:/..J, ,.1. '" .:........ '-._. L~C:I...:::l2 ''':-- ...~ '......)<.l2..:~ I.~. 1,,;,. . .....1. ..... I, __...._.
....-... .....,C. '-....l.....r. r.-I.c.~e-. C'...~:ll.-,.. -. -..... ......,-.. ..."' ;"...,..;' -_~,..;""' 0: ,...... -11'C"'C ..._.:_. \..
S..:...... C-. ...~.. 1....:..;...' ....-:-...: -... ,,1.\. ...-.. .,:;, lr.= cC::-.)vn U.':'}. c.~ t..::.... l..!s.............I...r. l \.;.....}'..... . .....'-....~, l,.;C:
e:;c;'o!' u-C:'- '"I'S S""C'I'1I's'cn ior L". ~--.;~",.; pa'/~.-' ollow.-1 u.~'- s";':~'VI'S:'-- (b') .v.._( ';'"
u,:' ... u _. \.0. l..O... ~ ..... u.c:..\.........u. ,,!UI,..!L c;..: ...... .d..~_. I......W,J h.d. .. .........._~. L.:I...;".
i~ u1c case of a disp12ced home8'.l,'~e:- ..;t.o has owned ar..c cc:upied L"J.e dispiac::=:::e:u dw-e:lir:g f::)r a~
le3.s~ 90 days but not more L~an 180 da:;s irnrnediarely prior to the initia!:icn of r:egotiations for l1::
acquisition oi the d',velling, t":e payrr:e::.t shall not exceed 6e payu.e;:t which L....e pe~scn wQuld
ether-;-ise have r~eived w:ce, s\lbdivisicn (0) of S~tion 7263 hac the pe~son O',l,';:ed a::d C{;cupied
the displacement dwelling 180 Cays irnrr:e:::iar=ly prior to the initiation of t':e negatiaticr.s.
(d) In impleme:Jting ti]is chapte~. it is Li]e ime::'l oi Li]e ugis!aC'Jre t1ar S;;~ia!
consideration'shall be given to assisting a.llY displaced pe~son 62 years oi age or olde~ to lcca:e or
lease or re:Jt a comparable replacemem dwelling.
7264.5.
(a) Ii a program or project under..a.l::en by the public entity cannot prc<:eed on a timely
basis because comparable replace:ne:Jt housing is not available and the public entity determines L'1at
comparable replacement housing C2!lIlot oti]e...."'.ise be made available, the public entity shall ta.l::e any
action necessary or appropriate to provide the dwe!lings by use of funds authorized for the proj~t.
This section shall be construed to authorize the public entity to exceed the maximum amounts which
may.,be paid under Sections 7263 and 7264 on a case-by-case basis for goc<l cause as determined in
accordance with rules and regulations adopted by the public e:Hity. Where a displacing age:Jcy is
underta.l::ing a project with funds administered by a SOte agency or board, and where the displacing
agency has adopted rules and regulations in accordance with Section 7267.8 for the impleme:Jlation
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 frori! 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 emity is
hereby designated as a duly authorized administrative body of the sote for the purposes of
subdivision (c) of Section 408 of the Re'lenue and Taution 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 afiected property shall be immediately contiguous to property acquired for airport
purposes and the owner shall have owned the property affected by acquisition by the public entity not
less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. '
~ Stradling. Yocsa. Carlson & R.JUlh. 1998
rC-too -8
A-38
/
(c) Tne payment, not'to excd twenty-,j,;) t.'1ousanc five huncred doliirs (S22,5C<J), shall
be the ai7\OUm, if 2IIY, which equals the ac:ual decline in the fair r...a:'~et value of the prope:7j oi the
affe::-..e::: prope:7} O\l,l1er caused by t.'1e a"1uisition by the public e.'\tlrj for airpor; purposes of oL'1er
real prope:7} and a ch2IIge in the use of t.'1e prope.\f.
(d) The amount. if 2IIY. of actu.a.l decline in fair marker. value of afiec:.ed prope:7} shall be
de-..e:7i1ineC according to rules a..'\d regulations adopted by the public entity pursuant to this chapter.
The rules and regulations shall limit payment under this section only to t.'1ose circumst.1nces in which - h
the decline in fair market value of afiected property is reasonably re!.ated to objective physical change
L'\ the use of acquireC property.
7265.3.
(a) A public entity may ma.'<e payments in the amounts it deems appropriate, and may
provide advisorj assistance under L'1is c:.'1apter, to a person ...no moves from a dwelling or who
moves or diswntinues his business, as a result of impending re.'1abilitation or demolition of a
residential or commercial structUre, or enforceme.'lt of building, housing. or he:llth codes by a public
entity -{)r because of systematic enforcement PUrsl.!2IIt to Se:::ion 37924.5 of the Health 2IIdSafe:y
Code, or who moves from a dwelling or who moves or discontinues a business as a result of a
rehabilitation or demolition program or enforcement of building codes, by t.'1e public entity, or
because of increaseC rents to result from such rehabilitation or code enforcement. Payments
prescribed by subdivision (0) of Section 7264 may also be made to persons who remain in a dwelling
during rehabilitation. Payments authorized by this section 2IId made pursu2IIt to subdivision (0) of
Section 7264 may, at the option of the public entity , be computed 2IId reviewed annually based on
acrual rental increases, 2IId 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 rent2l assistance programs, either to enable the person to pay
increased rents or to move to other suitable.housing.
. ... ..._____.____'_.__._.. _. ..... _____...._..__u__._.__. ._..__....___.._____._._ .-.--.+---.'-'--"-'
A public entity assisting in the f=cing of re.'1abilitation may provide some or all of the
payments authorized by this section as part of the 100II for rehabilitation costs, provided that the
public entity makes payments directly to the person who moves or who remains in the dwelling
during rehabilitation.
(0) A public entity shall make payments in the a.'!1ounts prescribed by this chapter, 2IId shall
provide advisory assistance under this chapter, to persons a.'ld families of low or moderate income,
as defmeC in Section 50093 * of the Health 2IId Safe..')' Code, ...nose rent, within one yw after the
re.~abilitation of their dwelling is completed, is increased to 2II amount exceeding 25 percent of their
gross income, or who move from their dwelling, as the result of a rehabilitation program in which
the re.~abilitation work is wholly or partially f=ced or assisted with public funds provided by or
through the pub lic entity.
,
, (c) A public entity shall provide temporary housing for up to 90 days to persons displaced
by re.~abilit.ation work which is wholly or partially fmanced or assisted with public funds provided
by or through the public entity. -, ,',.-. - - .- "
(d) A person displaced by rehabilitation work whiclJ is wholly or partially financed or
assisted with public funds provided by or through the public entity shall, as a condition of the
'. 7?- -to 1-/3 "
-
,
f~..:.~cing or assist.1nu, be given the cption of relocating, a:-.c re!:a'uilil2ticn, in the dwelling from
which the perscn was displace:L '
(e) A public entity may limit L'1e arr,cunts of payme:',ts rnade pursuant to subdivision (b),
CL".e,w'ise calculated pursuant to subdivision (0) of Section 72601, to the lesser of: (i) the diffe:'e::~
bCNeen the ir,creased rent and 25 percent of gross income; or (ii) the difference b-e:we:en the
increased rent and the rent immediately before the re.'labilitation which ';l.-a5 greater tha.ll 25 per=t
or gross income.
(f) The payments and advisory assistance as required in this see-Jon shall be mandatory only
if federal or sute funds are available. However, r.-oL'1ing shall preclude t.1e 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
de;;-osit in coun of funds to satisfy the award of compensation in a condemnation proceeding to
acquire real property, whichever is the e:J.llier, shall reimburse t.'1e owner, to the extent the public
entity deems fair and reasonable, for expenses the owner ne-:es=ily incurred for r=rding fees,
transfer ~es, 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 Cede, a city by ordinance may designate the board to he:J.l appeals from all public
entities, except those state agencies which have an appeal process 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'"bOOrd if aiithoriiidundenubdivision (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 ar.d Safety Code.
7267. In order to encourage and expedite the acquisition of real property by agreements
with owners, to avoid litigation and relieve congestion in the COIlrts, to assure consistent tre:mtlent
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
Section 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-<lf-way, covenant, or
other nonpossessory interest in real property to be acquired for the construction, r=nstruction,
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..
-..
SYCR 1994 '.
Tc-"~ -6
A40
(0) R~ property shall be appraise::! before the initiac:cn of negot:a:icrs, ar.c L~e 0\l.7.e:, cr
L'1e olloT,e:'s cesigna~ representative, shaH be given a.~ cppor.unity to accor..p....y L~,e aipra;se:
curir,g his or her inspection of the property. Howe'ler, the public e:':tity rr.ay prescrite a pr~ure
to v.-aive the appraisal in cases involving t'ie acquisition by s.ale or cor.adon of prcpe:7j wit:, a !CW
fair markec value.
i26i .2.
(a) . Prior to adopting a resolution of n=sity pursU2l1t t;; -S'~tion 1245'-230 .u;ci-initiati~g
negotiations for the acquisition of real property, the public erttity s.\all establish a.1 arr.ount v.t.ich it
believes to be just compensation therefor, ar.d shall nu.'<e an offe:: to L'ie o",ner or oll.ners of record
to acquire the property for the full amount so established, unless the oll.ner cannot be lcated w'ith
rusonable diligenu. The offer may ~ conditioned upon the legislative body's ratification of L'1e '
offer by execution of a contract of acquisition or adoption of a resolution of r.=sity or both. In'.
no event shall the a.'11ount be less than the public e.'1tity's approved appraisal of t.IJe fair mar~e: value
of L'1e property. Any decrease or increase [,1 the fair market value of rd property to be acquired
prior to the date of valuation caused by the public improvement for w'hich the property is acquired,
or by tJ:te likelihood that the property would be acquired for the improvement, other than that due
to physical deterioration within the reasonable control of the ov.ner or occupant, shall be disregarded
in dete:mining the compensation for the property. Tne public e:ltity 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. 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. Where appropriate, the just
compensation for the real property acquired and for damages to remaining real property shall be
separately stated.
(b) Notwithstanding subdivision (a), a public entity may make an offer to the owner or,
owners of recerd to acquire -real'property -for-less -than an amount .which _it_believes .to be _jus:
compensation therefor if (I) the real,property is offered for sale by the owner at a specified priu
less than the amount the public entity ~lieves to ~just s;ompensation therefor, (2) the public entity
offers a priu which is ~ual to the specified priu for which the property is being offered by the
landov.ner, and (3) no federal funds are involved in the acquisition, construction, or project
development.
-'-'
(c) As used in subdivision (b), 'offered for sale. means any of the following:
(I) Directly offered by the landowner to the public entity for a specified priu in
advance of negotiations by the public entity.
,-
(2) Offered for sale to the general public at an adve::-Jsed or published, specified price
set no more than six months prior to and still avallable at the time the public entity initiates contact
with the landowner regarding the public entity's possible acquisition of the property.
.7267.3. ,The constrUction or developmencota pubJicjJpP\gY~menljh~1 be s9_s<:!1~~I~-
that, to the greatest extent practiC3ble, 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
IC-63-13
(
\.....
'.
or fa.--:n operation, witho~t at le:!.St 90 days' v,Tit:.e~ noti~ from L'.e public e:llirJ. of L'1e date by w~.:c~
such move is r~uired. . .
7267.4. If the public entity pe=Jts an o"'ner or ten.ant to occupy the real proper.y acquired
on a rental basis for a short ~rm, or for a perioc subject to ler.rlination by L'1e public entiry on S~Ort
notice, L'1e amount of rent required shall not exceed the fair rental value of the proper:y to a
shon-terrn cc:upier.
. 7267.5. In 1)0 event shall the public entity either advance the time of condemnation, or
defer negotiations or condemnation and the dep<lsit of funds in court for the use of the owner, or tL~e
any oL'1er action coercive in nature, in order to compel an agreement on the pri~ to be paid for L'1e
proper:y .
. ----
7267.6. If any interest in real proper:y is to be acquired by e;r;ercise of the power of
eminent domain, the public entity shall institute formal condemnation proceedings. No public er,tity
shall intentionally make it necessary for an ovrner to institute legal proceedings to prove the fact of
L'1e taking of his real property.
7267.7.
(a) If the acquisition of only a portion of a property would leave the remairIing portion in
such a shape or condition as to constitute an uneconomic rernnant, the public entity shall offer to
acquire the entire property if the owner so desires.
( (b) A perso'n whose real property is being acquired in accordan~ 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 assistan~ as
required under federal!aw.
[See also Health and Safety Code, Section 50460%]
7267.9.
c_
(a) Prior to the initiation of negotiations for acquisition by a public entity or public utility
of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure, . ---
the acquiring public entity or public utility sh.al1 make every reasonable effort to seek alternative
property wh,ich is other than nonprofit, special use property. However, this requirement shall not
Te - b c.J -13
SYCR 1994 '. A-42
T'
,,",
<.;J~ly to prope:ties acquired by public ent:-Jes for transpor"..ation purposes, inducing, but r,ot Iir.~t.ed
to, the cor..struction, expansion, or improve."ner,t of streets, highways, or raill',ays.
(0) This section does not apply to actions or proceedings corrJO,enced by a public er,tirj or
public utility to acquire real prope")i or a:,y ir,terest in real properrj for the use of w-ater, sewer,
e!ectricity, telephone, natural gas, or flood control facilities or rights-of-way where these acquisitior..s
neither require removal or destruction of existing improverr<e:1ts, nor re:1der l:'1e prope='Y unfit for
!..'1e O....Tler's present or proposed use.
7269.
(a) No payment received by any person under this chapter or as tenant re!cwtion assistance
required by any state statute or 10C4l ordinance shall be considered as income for the purposes of the
Personallncome Ta'( Law, Part 10 (commencing wi!..'1 Section 17001) of Division 2 of the Reve.'1ue
a'1d Taxation Code, or the Bank and Corpor.,tion Tax Law, Part 11 (corrunencing with
Section 23001) of Division 2 of the Revenue and Taxation Code.
0) No payment received by any person under this chapter shall be considered as income or
resou~ces 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 emitled 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 Code 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 Code.
7270. Nothing" contained in this chapter ..shall -be ._construed _as _creating - in _any_
condemnation proceedings brought under the power of eminent domain any e!eme:1t of damages not
in existence on the date of enactment of this chapter..
, 7271. If any provision of this chapter or the applicarion 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 e.'1d the
provisions of this chapter are severable.
7272. If under any other provision of law of this state the owner or occupant of re::ll
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 Legislamre, 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 haye_t~..I!1a,\e.lJth~r.~~}~9E_--
assistance payments, or to make any relocation assistance payment in an amount which exceeds the
ma;Wnum amount for such payment authorized by this chapter..
Ie -GS- -13
/-_"'1y public entity may, also, rro.'<e any 0l.i1e.:' re!cation assis:an~ payment., or r..ay m"ke a.~y
re!cotion assis~"'1ce payment In an amount 'W'hich exceds the ma;rimum amount for such payme~,t
a'~L'1orized by l.i'1is chapter, if the making of such payment, or t.ie payment in such amount, is
r4uir~ ur.der f~erallaw to secure f~e:-al funds.
7272.5. NOl.i1ing contained in this anicle shall be cons:rued as creating in any CDndemnation
proceeding brought under the power of eminent domain, any e!=.e:1t of damages not in existen~
on L'1e date t.ie public entity commences to make payments ur.de.:- L'le provisions of this article as
a;7,enced by the act ",'hich enacted this section at the 1971 Regular Session of the Legislature. -
7273. Funds received pursuant to SecJons 2106 and 2107 of the Stree'..s and Highways
Coce may be expended by a city to compensate displaced persons for their moving expenses because
of the cons:ruction of city highways or s~.
7274. Section 7267 to 7267.7, inclusive, crea1.e 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 excha."'lge, the purchase price a.'1d other CDnsideration paid by such entity is public information and
shall be made available upon request from the entity CDncerned.
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..~d, tl1~ gui~:lines adopted by the Commission of Housing and :_
Community Development pursuant to Section 7268. ,,' - _. ... --' ----
(b) Tnis 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.
l
(a) Tne requirement to provide relocation assis:ance 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 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 circu1a1io.n published at least once a wee!:: or listed with a licensed real e5tate-
broker and published in a multiple listing, pursuant to Section 1087 of the Civil Code. '
TC-~~ -,6
SYCR 1994
AM
~
Co) At the time of making an offe~ to acquire prope"Y ur.cer subdivision (a), public
entitles shall notify the prope"Y O\lme~ in writing, of the following: '.
(1) Tne public entity's plans for developing the property to be acquired or the
surrounding property.
(2) Any relocation assistance and benefits provided pursuant to state law which
the prope"Y owner may be foregoing.
AooendLx 19
Government Code, Se<:tions 8855 - 8855.5
8855.
(a) There is created the California Debt and Investment Advisory Commission, consisting
of nine members, selected as follows:
, - (I) The Treasurer, or his or her designate.
{
,\ (2) The Governor or the Director of Finance.
(3) The Controller, or his or her designate.
(4) Two local government (inance officers appouited by the Treasurer, one each
from among persons employed by a county and by a city or a city and county of this state,
experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with
these agencies.
(5) Two Members of the Assembly appointed by the Speaker of the Assembly.
(6) Two Members of the Senate appointed by the Senate Committee on Rules.
(b) (1) . The term of office of an appointed member is four years, but appointed
members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the
appointing power shall make an appointment to become effective immediately for the unexpired term.
(2) Any legislators appointed to the commission shall meet with and participate
in the activities of the commission to the extent that the participation is not incompatible with their
respective positions as Members of the Legislature. For purposes of this chapter, the Members of
the Legislature shall constitute a joint interim legislative committee on the subject of this chapter.
(c) The Treasurer shall serve as chairperson of the comriussion and shall preside 'at
meetings of the commission. The commission, on or after January 1, 1982, arid annually thereafter,
shall e!ect from its members a vice chairperson and a secretary who shall hold office until the next
ensuing December 31 and shall continue to serve until their respective suexessors are elected.,
. Slndling, Yoc~. c.arlson &:. R.luth. 1997
IL -" 1 -8
A-45
.'
Relocation Assistance and Real Property Acquisition
Guidelines
7?- -b <is' -/3
..
Barclays Official
CALIFORNIA
CODE OF
REGULATIONS
Title 25. Housing and Community,
--
Development
Division 1. Housing and Community Development
Chapter 6. Department of Housing and Community Development Programs
Vol. 33
Published by
BARCLAYS LAW PUBLISHERS
50 California Street
Nineteenth Floor
San Francisco. CA 94111
800-888-3600
'.
Ie - b9 -I3CnpiQd 3{30 \ q<(5
Tice ::
De?3rtrr:"~t of Eous~ ar.d Comml1!1it:, De'e!oome~t P:-In!"'Jrns
TJole of Cf)nte:1t~
Chapter 6. Department of Housing and Community Deyelopment Programs
'.
T.'2L::: OF CO:-;IC:-;.5
Page Page
SiJtchepe: 1. Relccation Assistance end 9 6csa. Alternate :::ayments-;r.c;',icwals
Re2! Property Acquisition and Famiiies.
Guide!ines 251 9 SlCC, Alternate Payments-Businesses
and Farm Operations.
Artie! e 1 . General 261 96102. Repacement Housing Payments
9 6000, Order of Adoption. tor Homeowners.
9 6C02. Slatement of Purpose and Policy. 96104. Re~acement Housing Fayments
9 6004. API=Hcability and Super3eCure. for Tenants and Certain O~ers.
96CC6. Regulations. 961C6. Proration of Paymeflls.
9 6008, Definitions. 96108, Condition of Re~{acement
96010. Prior Determinations. Dwelling.
96012. Citizen Participation. 96110. Certificate of Eligibility.
96014, Prerequisite to Di~placemeflt. 96112. Mobile Homes.
96016. F,emedies. 96114. AHected Prcpe<ty.
960ia. Priority or Federal Law. Article 4. Last Resort Housing 274
9 6020. Severabilrty. 96120. Purpose.
Article 2. Re!ocation Assistance 96122. Determination of Neee for Last
Advisory Program and Ee50rt Housing.
Assurance of Comparable 96124. Development 0 f Repacernent
Replacement Housing ~4 Housing Plan.
96125. Submission of Plan ror
9 6030. Purpose. Comment.
9 6032, Relocation As.sistance Advisor! 96128. Determination by Oispladr.g
Program. Public Entrt'l of Feasibility and
96034. Eligibility. Campianca.
9 6036. Rehat:iiitation, Demolition, Coce 96130. Implementation of ltIe
Enforcement.
95038. Relocation Plan. Repacement Housing Plan.
96132. Housing Production.
9 6040. Minimum Requiremenbof 96134. Jointly Sp:lnsored Development.
Relocation Assistance Advisory 96136. Last R~rt Housing in Ueu of
Program. Paymenb.
9 604 2. Repacement Housing Prior to 96138. Conformity with the Act and
Oisl=[acement; Notic~ to Other Slatute5, Policies and
Displaced Persons. Procedure:s.
9 6044. TemPJrary Move.
98046. Informational Program. Article 5. Grievance Procedures 275
9 6048. Survey and Analysis of 96150. Purpose.
Relocation Needs. 96152. Right of Review.
9 6050. Failure to Conduct "Timely and 96154. Notification to Complainant.
Effective Survey. 96156. Stages of Review by a Public
9 6052. Survey and Analysis of Available Entity.
Relocation Resources. 9615a. Formal Review and
9 5054. Last Resort Housing. Reconsideration by the Put4ic
9 6056. Termination of Relocation E.ntity.
k:.sistance. 95160. Refusals 10 Waive Time
9 605a. E'/iction. Umitation.
96000. Evaluation 01 Relocation. 96162. Extension of "Time Umib.
Artic!e 3. Relocation Payments ~8 96164. Recommendations by Third
Party.
96080. Purpose. 96166. Review of Files by Claimant.
9 6082. Relocation Payments by Public 96168. Effect of Determination on Other
Entity. Persons.
9 6084. Basic Eligitility Conditions. 96170. Right to CounseL
96086. Notice of Intent to Displace. 96172. Stay of Displacement Peflding
95088. Filing of Claims"; Sul:mission of Review.
Tax Returns. 96174. Joint Com~ainanb.
96090. Actual Reasonable Moving
Expen~es. 96176. Judicial Review.
96092. Actual Direct Losses of Tangible Article 6. Acquisition Policies 276
Personal Property. 96180. Purpose.
96094. Actual Reasonable Expenses in 96182. Acquisition.
Searching for a Repacement 96184. Notice 01 Decision to Appraise.
6u5ines~ or Farm. 96188. lime of Offer.
98096. Moving Expensee-outdoor 96188. Notice of Land Acquieition
Adver6slng Buainesses. iC-70 -;8 Procedures.
~el (1:_:i~J
1.L~ ;.::
vl;:':,,';'. -"~"- ,. -'''-~''- ~,.,-- '......,.............-
C € 0 .c.:'
hapter. epartment Cl roO uSing and
Ccmr.:ul'iity De'lelcpment Frcgrar.:s
subchapter 1. Eelocation Assistance ar,d
Heal Froperty Acquisition Guidelines
Article 1.
General
~ 6000. Order of Adoption.
T!lis s;;cc::lpte: (c.e~:.n;Jiter refe:7'ed to as the hGu:Ce:;""es.') is
adcptee pC:S;;::lLt ~o ti:.e provisions of Secticn.t~ 135. He:l.!tb. J.:.c. SJreo::;
Ccc.e. in oree=ta im;ie:::le::I.t. inte:pret a.r:.d to 1IiJ...<e s~:ific pr::;visicns cf
Division 7. COCD:e:.c:ng with Section 7260 of lhe Gcve=.=e:.t Ccee
(h~:1:i.n:lf!e:- refe~d to as the "Act"), relating to re!ccaticn JSsist~ce,
last resor. ilcl:si.."1g;u:d re.:ll pra~rty acquisiticr..
~or=.: Aur:-:'cr.tyc:td fcrChap~:,6: Sceticns ~ll:.l..11 t.:~. md .1::':0, H~::.::.,
3l1d S.1i~ty CX~. ~f:~nc:; S~~!ion 7260 c! s~q.. Go\'e:-:::;:'::'ll C::c~: 41 I.:~.
.H 135. md .u::5. H~:1.lL,.md S3f~ty Co:!::.
HlSi'CIl.Y
1. Arr::::x!~ent filed t 1-5-76 ;is 3n emc::,!--::ncy: d.::.ip3td ~ffc~::"C: 11-:7-76
(R::gis:.:::, 76. So. ':':'). For pr:or rustcrj. se-:: Rc;is:.:::, 76, >:0.':"':.
2. R~cc:;:Z:-:'3Ucn of C'l:l::t~r 6 (~cticns 6CC0-6198. not con~Ull"'~) :0 Ch::.o~:'
6. S~bc~'3pt::r 1 (SItC:.iCns 6000-6198.noc. consccuti...c:l filed 1-:3-7"7 3S prCc::.
dud :u',d orpni:::llicnJ.!: dfltC!i...e upcn filing (Re;isler i"7 ;-';0. 5).
.:. Arr.c:r:Jrne:':tific:d 1-:S-7i 3S proc:tlur:ll 2nd orpnizlr.ionJ.!; df<.=~:"IC: !Jpcn fit-
in; (R.::;:s:.::r 7i. ;..lo. 51.
.t. Certif:cll;: ofCcmpli:u:c:: JS to filing. of 11-5-76 flied 2-I~Ti (R::;:s~r7i,
1'0.51.
~ 6002. Statement at purpose and PolIcy.
(a) Tne I=urpose or the- Guidelines is to assist plblic entities in the de-
ve-Iopment cf (l:gulaticns :md procedures implementing the." Ac:.
(b) Toe Guidelines:lre de."signed to cJ.IT)' out the." foll,!wing policil."s of
the Act:
. (1) To ensure th.:J.t uniform. fair:md equitable trcJ.tmr::1t is afforclcc p:r-
scm dispbced from their homes. businesses or far.ns J.S J. result of the ac-
tiom of a p'Jhlic entity in order !.hat such persons shJ.lI nOI suff("rdispro-
par-ionate injury as a result of acticn taken for the benefit of the pt:blic
:IS a whole: and
(2) In the." acquisition of re:ll ProfCrtyby J.. public contity. to ensure con-
sistent:md fJir treatmcont for owners of real property to be acquired, 10
encourJge 3r.d e:tpedite acquisition by agree-ment with ownel'S of such
property in oroerlo avoid litigJ.licn and rclie-ve congestion in couns. and
to promc<e confidence in public land acquisiticn.
(c) A public entity shall nOl panicipate in or undenake- a project that
will displ:lce individuals from their homes unless compar:1ble replacE"
ment dwellings (see- subsection 6OO8(c)) will be aV:lilablc within J. l't"a-
scnable JX':-i.od of time- prior to displ;;u:eme-nl.
(d) Tne Guidelines ~ intended to est.Jblish only minimum require-
me-~llS for re!oc:1tion 3SsistJI1cC' and payments. Tney shall nnt he cnn-
strlJed to limit my other authority orobligaticn which:l PJblic entity m:lY
h.:lve- to provide addition:1l assistance and paymenlS.
(eo) The- Act and the- Guideline-s are inte-nded forthe- bene-fit of displaced
perscns, to er.sure that such persons receive fair and equitable tre:ltment
and do not suffer disproporticn:lle injurie-s as the resuh of programs de-
si gned for the benefit of the public as a whole-. The- Act. Guidelines and
ali applicable regulations on which determinaticns are based shall occon-
suued to effect this intent.
(:J T:~:;~ Gt:.:";~:':'::~O; i:.:~::e-:.~ :..:<.::s~ .l":';~:~'':' ':-:.:.:~ ;:_'"':7.=:.s;:~'~ ~.'
;:.::~~~~ ;:::~;~-~i"~~~;~~:~'~~ :~;;;~~<;;;; ;; ~;,~~,,~;.~::
.:::.:~_~~ cn =r J{:e:- :..~e ~:.:~c:.i..e ;:Jte oJf :::~::;.' Gl!:':t:":':~5. .:._~.:; 5"..:C: .=.;s.
...iac..-....r 'Or ac.''';s;t;c- s:"ill '..,0:;' ~"\iE'-~"; - ,i<;:.... ..... ';..e.:.. G"l'C' .. .
I-" _._~....... "':.... l.o.. ... =~ .-~-)... '. .: ....~, ... :;"~::'e:;
J::C l.te CJ.!;:.cc::..:.l R~:c.:::!.t;cc. ,.l..:::. ict::-.c. 2,: Gc\.'e==~::..; C:ce se::::.cr,
i2-SV ~t seq.
TJe p-o....-.:.s;cc.s ci t.~s~ Guic~:~es. CC..loie':e::. s::i.l eet ':e ccns::-..:e-e
.............~.l've'V 10 l"C"V'O l~';cn(" U"C'~-"'3-;"V'" -,,;"','c 3-';'" '
......"..1.. '. ,.. ~ ...... .)j ~ ..--..-- J. .. :-........ .._-.. pr...:::, to
tl::e:r e'ff~c:.ive d.:lte wb~~ :.!:e pr...cse ci:.::: lC:;C~ .....lS ,c ::.::till obi;~a
ticus i1:::1~csed 'cy:!:e Act a=.a the 3.~:.:.cc.:s:=. ::t=.~i::!.!:.=e'''';,:''~ the re:.:~;~
n::e=.ts of t:.e Act;u:d:.!::.e e'7":Sting G1.ice~i::.~s. Fer ~e ~t::-;:cs~ ci tb.i~ 5e~_
tier. tbe te::i1 uac:.:.cc" si:.lll induCe 'ct.:t is :ct li.ni~::: :0: e:e ;;raviSlcr. cf
i.=..fc~.ltien. nctice. ct:e: Jssis~c~. cct=.?-~ble ~;-iJce=e:.t h~s;.:.~
pJ.Yr:J.e::llS ar:.d cme:-be:.efits: the ~re~:ll:c=, cr reicc:!.t:cnl::d last res0~
hOl.:Sing pl:ms. includi:1g the sur..e:: ~d JZ:u:sis of :.e~....s :!.:.d reSCC:i::S:
tte r;rocessi.n2 of e:::evances: ar:d the v:l!icl,;s ste:s ta.<e:. = c~nr:E'''''';-n
with the acquisiti;n of prc~rty fer public c.se. . - ........
Tnese g'Jidefu:es sb.;J.!l a;:piy to re!cc:lt.C:' ;:iar.s a:lC :lCt.C:S to dis~ia.
ce~s subse-que;.t to the efiec:ive cJ.tt' cf a::.y regub.icry F~vision. Tne
rigttoi displacees shill not be rec.t:ce~ i.c. :::;JI:.ce C"Co J..'1':' a=e:ldI:1e:.:. to
these guiceli."les wee:: it m.:lY be de:r.cr.s~::1.ted that tl::.e c:splacee has
ac~ed in relia.:1.ce en a oot:ce gi ve::J.to that hccsehoic fjricr to c.:.e efiedve
d.:lte of any g'FJide!iI::.e.
(c) To tbe e~te~H m:lt these Gu:c.e!.i::es J.."": from li=e to -:::-.e Jl::.e:.ce:::.
tl:e JJ'C.e::ld=e~ts shill be effective pr::;s~d"ely frc::l the 6re that ~e"::
become effective.
i'i0TE; Ault.crit./ ciLrd: S~dcn 50.:.60. H.:Jl~'" J::d S3f~:v COl.!::. :<.~:~:'::~~: A~-
lie!::.t 5<:ction S. C3.lifoml3 CcoslitUllcn. .
HISTO;;"{
1. Ame:'ldm~nt of subscc".icn (b) filed 11-5-76 J.S :rn ~:r:.::-;.:=r:c:: d~sig::'l3~ c:f-
[.:c:.!ve 11-17-76 (Rl.-:.isl::' 76.1'0. -1.-:).
2. Cc:n.jlie:l.t~ of Ccmpli.mc:= liktl 2-1~ii (R~;:s~r 17. :-';0. S).
3. Amcndmc::u ofsecticn .1nd new Son fikd 3-11-9i~ op:~live9-11-r:;; {R.:!--
is".:::' 97. 1'0. JJ1.
~ 6006. Regulations.
(.1) Each public er.tity b:fore unde:uk.:..::g or par.icipung in ac:ivity
which will result in thedisplJceme:'lt of ~:scns shall adol=t r..:Jes:md reg.
ul:1lions that implem~nt the requirements of the Act. 3.re in accO~ce"
with the provisions of the Guidelines. me prescribe acdilicnal prxe-
dul't"s:md ~quirC'm("nls that a~ appropriJ[~ to the p.J.rticubr :lctivit:es of
the public entity and not inconsistent with Li.e Act or Guice!ine-s.
(b) Rult"s;u:c ~gulalions issued under :.his s.eclicn sh.1ll be prcmptly
revised J.S nE'cessary. to conform to ar.y ar.:er.cment or the Act or Guide-
lines.
~ 6008. Definitions.
The following terms sh:lll me:m:
(a) Acquisition.
Obt:J.ining ownership or possession of p-op:ny by lawful me:l.."lS.
(b) Business. '
Any l:J.wful JCtivity. except:l f.1r.n opt'raticn provided such lawful ac-
livity is not in:m unlawful cccupncy J.S c!e-fmed in subsec:ion (v).con-
ducled primarily:
(1) For the purchase.sale.lc.:lse. orrenlal of perscnal mc re.:J.i prop:rt~.
and [ortht" manuf:J.clure. processing. ormar.<eting of prcx!uc:s. comrncd1-
lies. or any other perscnal property:
(2) For the sale of services to the public:
(3) By a nonprofit orgmization: 01" .
(4) Solely for lhe- p.lrpose of a moving eXpe'Ilse payment (se-e sectlCfl
60<;0). for assisting in the purchase. sale. resale. mmuracture. process-
ing. or marketing of prcdUCls. commodities. persctlal property. or ser.
vices hy the erection and maintenance of an outdoor advertising display
~ 6004. Appllcabll1ty and Supersedure. whelhe-r or not such displ:lY is lcc:lted on the- premises en which any 0
(3.) Except as othe1V'ise noted in this section. the Guidelines are appJi- the above activities are conducted.
c:J.hle to:l11 displaceme-nl and acquisition oc:curringon llrafterthl'ircffcc- (c)Cumptir.1hh: ReplaceOle-nl Dwelling_
lived:m.lmu.ry !. 1977. 1!3 A dw.Uing which sal;sfi.seach or 111. rcllowing Slandatds:
rC- 7d--p3'f,e261 ..,,,,,<,,,..,,,3-'>-'
'.'
~ 6t:(~
BA:<CL."'!5 CALGOR.',":.." coe::: OF REGLL.GiO\S
-" ~.
j, ,:~'2: ~::
(:) c~~::;,~. 5:J,;'~ J.::c. s~,!.-:; (.1S c.eru:~:: X. s"JCs~c::cr. 6:(3(0;: :). ~.:
c':;:::=:l:Jbi~ iu :t~ JC::;'~::':~::.1,'e:l.i.::.::! w:t.:. :-:s;;ec: :c ::.t::::~~: oI ~c;:::s.
i:.~ci~bi~ li';i.=~ s;:lce J.C.t! ::'-;e l::.c.-;;liit:; ci ;cns::::cil.."':C. OL:t ::lCt :~s~e:"
L..: :-ccr::.s or li..i.:::~ s;:lce :.:!!! c.ecezslry to JccoC'"=cC..:lt~ t.":~ .:.is;:i.lcec.
~:3CD.,
(~.) In J.!! il..~:l ::.ct s~bjec~d. to u~:lS~J.oie lC'ie:se e:::t'.;rcc.=::tJ.!
ca:.dit:cns frcr::. e:t.te:" llJC'..:::1l er oJ.D..i:O.J.ce scu:t::s. a::.d QCt ge:.e:"Jlly
less Cest.""Jble tb..Jr:. t!:.e acql.:::ed dwelling wii.h respec: to t=ublic utilities.
f:L:ciic J.Qd c~e:-;:ial ilc~lities ar:d neig..bbctbc<xicC'C.citicns. ~c!ccing
sc:.eds 3.C.d c:::unicipli se:-;~c:s. ar.d reJSco:1bly accessibie to r.:e dis-
placed pe~cn's prese:t er ?=te:::lti~ place of e::nployc:ent: prov1eec that
a ccte:lu:1l cbc: cf e::nployu:.e:t may i:lct:e used to satisfy tl::e accessibii-
it:, require;e:::.[ if the dispi:1ceC. pe:scn ob5ec:s.
Toe Act a.x:::.c Guidelines do i:lct require tb.lt the re:::i.1ce:::e::.t d',l,'eUing
be ze::lerallv as c.esir.lble as the ac:quiRd dwelling with respect toe:::"J:.ren-
rr:e;t.1l.cb.:l..~te:istics. Tn cu gb adisplaced pe=son does Ilotbave to acceft
a dwelling subject to w::...""C:lScoabie adverse e::J.virC'ClI:.e:1t.ll cenditiens.
ne~iliet'is a public e:ltity required to dupliclte environz:.entJ.1 cb.:l..'<lc:e::s-
tics. sucb as sce::1.ic vistas orproxiIciry to the ocean.lak,es. rivers. for:sts
or ether nJruI'Jl phenomen:!.
If the displ.lced person 50 wishes. every re:lSon:ilile effoIt sball be
m.:lc.e to relocate SUCJ perscn wit.hi!I or nea!' to his e~i5tingneighbcr::.occl.
v..1:e~eve: prac:icable the re?IJc:=:en[ dwelling sball be reJSCtlably
c!cse to rel.:llives. frie:lcis. se,Jices or org.mlZJticns with whew the:1: is
~ e~:sting de~::.cency relationship.
(3) Avaibble en the private market to the dis!,laced per.;on:lIld J'IJiI-
acl~ to ill pe=sC"C.s re3JIdless of race. coler. sex. maritJ.1 staNS. re!.ig:on.
or naucnal on;;'" ir,...a mJIlDc: consistent with Title vm of Lte Civil
Rights Act of 1963 army c<.1e: applicable st.J.tc or feecral anti-eisc:ir:ci-
n.:ltionlJ.w.
(4) To the extent practic.:lble and wbere consistent with parlg::-aph
(c)( 1) of this scctico.. functionally equiv.:1lent and subsuntially the sJomc
:LS the acquirec. dwelling. but not e:tcluding newly cco.structed bousing.
(5) Within the Hnancial Me:l!1S of the DisplJoced Per.;on. A repiac::-
Ir.ent dwelling is within the financial means of a displlced person if the
monthly housing cost (including payments for moItg.:1ge. insurince md
properry t.a.\:es) or Il::J.tal cost (including utilities and other It:lSOD.:lble reo
curring elpenses) minus any replacement hoosing payment aVJoi!J.ble to
the pe~on (:LS provided in secticcs 6102 and 6104)dccs not elcecd twen.
ty-five f:ertent (25%) of the p::son's averlge monthly income (as de-
rUled in subsectioQ6C08(1)). A rep!:J.cementdweUing is within the nnan-
c:al meJrui of adisplace:d person also if the purr:hJSe price of the dwelling
including re!;lted incre:lSed i.nte:~~t C(l)ts and other re:lScnab!e e:tpc:lses
(Jos described in section 6102) docs Qot elcced the to(J.l of the amount of
just compe::Jsaticn provided for the dwelling acquired and the re?lace.
n::..ent hoosing paytr.ent availJ.ble to the person (as provided in sec:ion
610:!).
If a dwelling which satisfies these standards is not ava.ihble the public
entity may consider a dwelling which exceeds them.
(d) Decent. Safe:md Sanitary,
(I) Housing in sound. c1eJ.Q and we:lthertight canditicn. in gocd repair
ar.d adequately mJo!nl.J.ined. in conformance: with the applicable s~te and
local building. plumbing. e!e-:tricll. housing and occupancy cedes or
similar ordinances or regulations and which meets the following min.i-
mum standards:
(A) Each hoosekeeping unit shall include a kitchen with a fullyusabl.e
sink. a stave orconnection fora stove. a separ.l.te and complete bathroom.
hot and cold running walerin both bathroom and kitchen. an adequate and
safe wiring system for lighting and otherelecuical services and be:1ting
as required by climatie conditicns and lcca1 cOOes.
(B) Each nonhousekeeping unit shall be inconformance with state and
lccal code standards forboaroing houses. hotels and other dwellings for
cccgregate living.
(2) Wben the te"'1 deeenuafe and sanitary is interpreted. under local.
stale- or feder:1llaw. as establishing a higher standard. the elements of that
'.
::;:O:::-'i;:J.r..c.J..-:. w:.:.::: ~::;~e"; :......~ ~~....:s:cr:. cf ;::':J~l;:n (t; ci :::s $-"':i").
sec::ct.. :1::: mccr:c::.t~c. :e:-:::.. .J.. ~: ',Io.:~c: ;s cc::'Jriec by:c ::::.o~
.:.~'" .1.,... ...~...I.....".:.. ....-:...~~.- -'~~l'''' ~:l,~',Io'e,.l ....,..:,~ .1.,:.. StJ.t.. -;::";'c','"",
............. 1.1,.;.. ......, ............ ....._........... ~"'_;-''' ....'" _ ___ ......... .. ......... ....,;:
CCC~ s~all te cccs:ce:-:c to c~:.=. ':oC1cli~ce .....:li ~e CC::~CJI:':'.' :rovi_
s:cc.s of this suese-::::c:::.. . \ . -.
(e) De~J..r"'...::!:e:.t. C~;:J....--=e:! cf HCl.:isi:1~ J.:.': CC~t..:~ty [)e'Je!cp_
Ce::.L
(f) Displaced P::3~. A::.y ~':Scn WJO ::c.oves from real fI'cp:~y. Or
wbo caves his p::-sc::.J.l Pr.::FC:-::; frec ~al prcFeny. e::be::
(1) .j,.s a. result or a '.\'-::.ne::. i:).Cl::C: of m:e:::;: to lCqUt.r: b;: a ;uti:c e:n:tv
er as J result oIree ac.;~sitico er suc~ re:1.l prope::t:.. in .....aole orin P~.
bv a cl.:blic enurv or bv a=,v ce:scn hlV!.::!Z ar. a~=ent with or aciu,\"I
o~be'ha1i oi apu~iic e:..tir:....c;as the re.sult ~f J w;'ttenorteriroti13.publi~
e:dt:, to vac:lte the reJ..! p:c~:-:y. fer p.rblic use: er
(2) As a result ofi.l:e :e:abiuuticn. ce::::clitict. cr atb.erdis~r:lCing ac.
tivityundenake::! by a ;:ubiic entity orby any pe-:son bavir:g an ag:-:e;ent
with or acting en be:ili of a p.:blic entit:. of reJ.! prope~y en which the
~-:scn is in lawful CC:'J;:a!:CY or CCI:.d!.:cts a bus~ess. a.cd the dispi:lCe-
Ir.e:::.L e~ce.r as provh~ed in Gov. Code secucc.s 7260(c)(3) a::.d 7262.5.
l:lSts longer than 90 6;:s.
Tais defmiuco sb3l1 i.::e ccnscrued so that p:=scns displac:ed. as a result
of peblic action n:~e:..e :etocaticn be::::.efits in CJ..seS where they ar: dis-
placed as a result of a.. ol,1,-=.e:, parJcipation ag:ee=:!ent or an acGuisiticn
c.l.."":ied out by a private pc:scn far or in con.oection with a public use
wbe:e the p.1blic e~tity is cr.:erwtse e::Jpowe~d to acquire the properr:'
to carry out the pubEc use.
(3)E:::cet::t pe:"Scr.s or :a.--:.ilies of low and lr.cee:-:J.te inccme. as C.efined
in s."ticn 5CO)3 ci <t, H,:l!th :u:d S,ie:y COO:. who"", OC'UF"'LS oi
housing which W3.S I::J.Ce aV:li1J.ble to the=t on .:l FCrmanent bJ.Sis by a
public agency a::.c who J..r: required to move from that housing. a dis-
placed p:rson sh:1l1 net ir.c1uCe any of the following:
(A) Any pe~cn who bas beendetcrmined to 1:< in unlawful cccupancy
oi the displ:1ce:neot prcp::ty as dermed in sub""ticn 6C<J8(v).
(B) Any pe~cn who is a pest-acquisition cccupant of the displace-
ment dwelling. as provided in section 6034(b);
(C) Any pe"cn wbooccupied the prop:rty fcrthe PJrposc of ObLlining
relocltion benefits ar:.d assist.1r.ce:
(D) Any person woo is an occupant of a "Qualified affonbblebousing
preservation prnje-:t" and all requirements of Govemme:u Cooe sccticn
726C{cX3) or section 7262.5 are met: or
(E) Any p:~oo oc:upyii:lg private property (Qot otherwise e:1t.itlcd to
relocation benefits as a resuit of an acquisition. rehlbilitJ.lion ordemoli.
tion prognm) wbo is required to move as a result of the displacing
age:1cy's routine e:lfortement of building. housing orhealth ccees unless
the cede: ellfon:e::ne:ll is undertaken for the purpose of causing displace-
ment in coordin.lucn with an id.e::ltified rehabiliution. construction. or
demolition prog.....:l.m or project.
(F) A pe~on wbo is not required to move permanently or tempor:uily
as a result of the proJ~ct as long as they a.r:e Qotified they are nO( required
to move and the project does not impose an un.rt:asonab!e change in the
character or use of the property.
(G) An owne:-cc::up3.'1! who moves as a result of an acquisilion meet-
ing the requirements of Government Cede secticn 7277.
(g) Dwelling. Toe place of pmnanent or customary and usual abode
of a perscn. including a single-family dwelling. a single-family unit in
a two-family dwelling. multi-family ormultipurpose dwelling. a unit of
a condominium orcoope:ative hoosing project. anonhousekeeping unit.
a mobilehorne. a ~c:e:1tiana1 vehicle as described in Health and Safety
Cede Section 18010. or any other residential unit which either is consid-
ered to be real prope:ty uQder State law orcarutd be moved without sub.
stanual damage or unreJSonable cost. A residence need nO( be decent.
safe and sanitary to be a dwelling.
^ second home sball be considered to be a dwelling only for the PJr-
pose of eSLlblisbing eligibility for payment for moving and rel.led ex-
penses (as provided in section 6090).
IC-73 -8
Page 262
IlCli,u,'n.1'lo.D;l-l}"9'7
f::' ~=:r:,;::"':C R~:.:. 7":-:.c l.-::.cu::t d :-:::t J ::::=2...-:: -:::~r:-'~';'J.;:.~:-..l;,::.::..:
b:;e:~ ;:l.:: f.:; 1 ';'.l"~~~::; ~i=.:1:l: to::~ .lcqU:~:' :',l,'~~~~ :.:: l ::::!::p::l-
bi~ .l..-:~.
C' E:c~:::" Eduse:c:c.:\ hcuse:,dc:n whic:: :hc :~:C ..:fj,,;:c!:e:.dc. ':r
s:ccSc is 6: ve:ln c:' cicer.
. (j) F:l.:::ii Y ."1 wo c: =cre ~-:.ci vidu.:1!s ';I.'ho by biccC. =~-:::l ~~. !CC~t;c::.
or =:.:rJ3.1 ccnse=.t ti';e ~cge!1:er as a :".1:::ily ur.it.
C:<J ;:l...~O~::lc:.c:.. .A..D.y acu'I1C:J ccr:.cuc~ed .ide!y cr~r.""'rj:; fcr~:!
p.x::.:::cn of cne c:-=cre ag::.culmI':ll :;:rcC.uc:s crc::::.r::.cc.:~e:;. ir.c;~c.-
u::z ti=te:. fer sale c:~orne use.:u:d custcmafjy prce:..:c:..:.'Z s<.:.c:: ::cc-
uc:.s cr :cc.:.=cc!.:ties i.:. sufficie:J.t qU:l.lJ.tiry Co be capacie cf ~::.=ib~:.:..:z
I!:.:1te::J.l.Iy to the o~::ltor's supper:.. -
(t) Gress lcccr::.e. Gress i.r:.come n:.e:ms the toW ar:..:.u:1! :::,=c=e cr" ~
i.r:.c:....;.::..:ai. orwhe:: J. fa.r::lliy is displaced toLJ.! :lQu.ll mccc.e d d:.e pa:-
e:.1S cr acult be.:1cs ci house bold. less tbe following:
(1) .~. deducticn of S5CO foreac~ de?=:J.dem in e~'::ess of t;~e.
(1) A c.ecuc:icn cfte~ perc:e:J.t (lO':"c) of total mcCt::e fer J.I: e[ce:-::I cr
bJr.cicJ.p~d bouseheid.
(3) A deducticn fer recuIi.ng. e:ttr:lordinilrj c:.ec:cal e:-::;e:.ses. ceo
nn~d fcrmis pUIFcse wme:m medicJ.le:tpenses in e;o;;.::ess ofth.-ee fe:.:e:i.t
of tc~ mcor::.e. wJ::e~ not ccmpe:J.satec for or cove~d by U:.su-ncce cr
oibe:: sout"Cf:S. such as public assist.lr.ce or [or:. recove:-j.
(.1) A cecuc:icn of re.:1SCDJ.ble a..."':1cunts paid for ilie CJ..'"'e of c:'ilc~::. er
sick or mCJF3citJtec. family me::nbe=s whe!l dete::niI:.ec to be :lec:essa:::
to e=?ioyoe:u of tbe he:!.c or spouse. e:tcept that the J.:I:cur.t d.ect:c:ec
sh:l11 :let e~.:eed the o.=:.ount of ir.cor.;:e received by the pe::icn thu.s re-
le.:1Sed.
Gees:; ir.CC:f!C is c:vided by twelve to ascer"....1in tr:e J'Ie:-J;O: ...cr.:..:':;y
incor.:e. Relcx:aticn J.."".d proFCrt:/ Jcquisiticn pJyr.te::ts J..~ not to be c:cn-
side:"Cd JS income fer thc determin.:1tion of fUl,J,ncial rr.ems.
(m) H,J,ndicJ.p!X=G Hcusehold. A household in which Jr.:, r::c;.;c-e: is
h:u:.dic3oocd or disJbled.
(n) In'i;iaticn of Negctiatlons. Tne initial written cffe::<r.:.Ce by tht: JC'
quir..ng entity to the owner of rc.:1l property to ~ purcnJscd. or the ow;'}-
er's rel'rcscnLltive.
(0) M:mufactured Home or Mobilehome. A Sl:ucnln- c~sc:ibed in
He:uth :md SaIety Cede sections l8CO? :md 13008. .
(p) Mortg.J.ge. Such classes of liens as;JJ'C' commonly gl'le:1 to secure
41dvJ...'1ces on. orthe unp:lJd purchJ.Sc price of. re.:1l pro~rty. togethl:rwith
the credit instrumC:1L<;. if any. 5ecurt"d thcreby.
(l..\) Ownership. Holding any of the fotlowing intcrests in J dweJE..'lg.
or. a contr:lct to purchJ.Se one of thc first si:t interesls: -
(I) A rcc title.
(1) A life estJtc.
(3) A 5O-Y'lrl.:!Sc.
(~) A ICJ.Se with 3t least 20 year.; to run from thc dJ.tc of a.cquisiticn of
the pro~rty.
(5) A proprietary interest in a cooperative housing proje~: which in.
eludes the rig.ht to occupy a dwelling.
(6) A prcpriet.:1rj interest in a mobilehome.
(7) A leasehold interest with :l!l option to p.m:h.:1SC'.
In the ca.'ic of ene- who h.:1s succt:edl'd 10,J,nY of the foregoing lnle:1:'sts
by dC'Iisc. bequest. ir.hent,J,ncl.' oroperJ.tion of l.:1w. thc te:1U~ of owner-
ship. but not occupancy. of the succeeding owner shall include the te:1ure
of the preceding owner.
(r) Person. Anyindividual. family. pannership. corpomtion.limiled Ii.
ability corporation or association.
(5) Public Entity. Includes the st.:1te. thc Regents of tht' Unive~ity of
California. a county. cilY. city and counly. district. public authority. pub-
lic agency. and any otherpolilical subdivision or public corpoi.lticn in tIlt'
SI.:1te when acquiring real propeny. orany interest therein. or ordering that
aC4uired property be vacJle"d. in JIlY city or county for public use.
(l) Public Use. A use for which property may be acquired by eminent
domain.
(... 7 c:'.:l."::' A ~::),;n ''''.:-''0 :-:::.:.s ":1":s CL,,:~:-.:.-:se :.: :3:.l,:':.;: ~':SS~)3:(;:: :i
1 :',l;e~4. :r.c:cc:.::; 1 5;~~~;; =-=C=. 'J.'::== is c'.:..::e..: ~:.. r.~L:~:,.
('/) c:.;J.w:....z! Cc:.'.l;=~c:;. A ;:e::;..:n:s .:.::.~;~~:::.:,,:; ce::. ...:::;.:1..l,.:......:: cc-
c:.:;:a...-:c:::f :.~e ~::;cn:':15 :.e~:. o~~:-:::.:.: =":'ie b:: J. :;:I.:::.:i .:cr:-.;~~e:a
jcr:s.:::cYI.."':;. cru~~ ~::;cn'.s :e:..~.::..J..~ ::<~:. :3:V:':.:il::te.. ;.....atec bY:.1:e
c'.l,"::~:, !cr .::!.!..:se. t.':e te:".1.::t:.lS vac.:!tec t:.~ ;re:=.zses. Jr.':: ~e :~::::J.i.::.:J.:":cr.
WJ..5 ::let c::.c~:"..:t.:,~:. ior:l:c ~u;;;:cse cf ~'J.:!C:.:.g ::-::iXJ.C.o::. .lS3:S~ce abii.
gJ.tCc.s.
:\alE: Au~'cr.r! e:tee: S~c::cn :O~0. E~3lth ~d SJf~':'., C::C~. ~::::e~c:: Sc".
tlC'r.S 7:'6I:{~1. (c~(:H.-\j. (I:{: l ud. 7:77. GO\'::7.7.::':t C'~~: S~c::cn t iCCD. Cc;.
pcr:!llcr.s Cce:: Jr.c! S~~::cr.s ! 3CC7. t 3CC8. 13C ~') .!r.d. 5CC9.:. E~:::!.., and SJ..:'~"
Cod" -.,
E!S7CR':'
I. A.'11..::x:i:n:~{ ofs.:dcn J..r:J :l':W ;";OTE::-tl.:c. 3-::-9'7: c?=:-J.ti.:~ <;""'11-91 (?:z-
is~r9i.='o. 33). -
~ 6010. Friar Determinations.
(.:1) Dis~b.ce=e:J.t. No Fublic e:uity I:U..:1:; ~rcce~d. w:m .l..-.:; phase or a
project crctl:.e:-Jc::vity which wUl ::esu!t::.:.:e disFiace:c.e:.t of any pe:-.
seil. bus:r,ess or fJ.I::1 U!ltil it makes the ici!owiog ce:e::i::J.i.-:.aucIlS:
(l) Fair:J.I:d re:lScnabi~ relocJt:cn pa:--7.:e:m will be proviced to eIi!li.
bie pe:scns as required by Artic!e 3 of the Gcic.elir:es. -
(1) A re!ccJ.ticn 3ssisw.::.ce prog.."""J...-:1. cffe:::lg the se:-'/ices desc:'i.bed in
A.-jde 1 ci the Guicelir.es will be eS~3bEs::e::..
(3) Eig:b!e ~=sons will be aCequ.:1~e!y irJor:r.ed of e:e assist.l!:.ce.
be:.efits. pclic:es. pnctices and Fecedu~s. i..-:.cluc..:ng ~.e'l~..nce prcce-
dures. provic.ed for in these Guidelir.es.
(~) BJSed upen ~ce::][ sur/ey a.c.d anJ.1ysis of bOlh the hazsiog ceeCs
of ft"r"Scns who will be displJc~c!. J!ld Jvaib.bl~ re~i:lce~e:1t housing l!:.C
cons:de::ng competing dcm:mds for thJt housing. ccmpa~ble re;:la.ce-
rr.e:1( dwellings will be available. or provicd. if neceSSJrf. within a rea-
scnJble pe:iod of time prior (0 displ~cl:rr:e:H sufficic:1t in numbe:-. siZE"
and COSl fonhe eligible perscns who rcql,;:re them.
(5) Adequatc provisions hJve be~n rr.:lct" to provice oree:iy. timely.
and effic:ent rdocJtion of eligible p:ncr:s to compJrJbie repbce:::J.e:"lt
housing J.vaibble withcul reprd to race. coler. rcligcn. sc~. marilJ,l sta-
tus. or naticn.:1l origin with minimum hJrC.ship to these affected.
(6) A rc!oc.:1tion pl:m meeting the reqcire:nents of section 6Q38 h:lS
been prep3red.
(b) Acquisition. No public entitymJY proceed with JIlY Fhasc of a proj-
ect ormy c<herJctivitywhich will rt"sult in lhC' 3cquisitionofreal proper-
lyuntil itd('!('~min('s that with rt'sp<'ct to sl.:ch JC4uisition Jr.d lothe s::-eJ.t-
est e:ttC:11 pt"JcticJbk.
(I) Acequate provisions have been mac~ to be guided by the provi.
sions of Article 6 of the Guidelines. and
(2) Eiigible persons will be informed of the penimont be:-.efits. policies
JIld requirements of the" Guidl.'line-s.
HlS1URY
t. Am~:1dmt:nt of sUbS~Ct.iOl1 (bl fikd 1 t-5-i6 as 3n ~m~rg.~:1c:: dt:signat.r:d d.
fe-Clive- 11-27-76 (R~gis~r 76. ;-":0. oW).
2. Ce-nific::ll::' ofComplianc::, fikd 2-1~77 (R::ogister 77. ~o. 8).
~ 6012. Citizen Participation.
(a) All pe:scns who will be displJced. neighborhocd g:-cups and any
relocJ.licn committee sh.:U1 be given ,J,noppcrrunityar:dshculd beenc~r-
aged fully and meJOingIully to participate in reviewing the relccaucn
plan and O1L.ilitoring the relcx:alicn assistance program. .
(b) Vlhen J substantial number of pe~ons will be dispb..c:ed from th~lr
dwe-Uings the public e:llilY shall encourage the residenlS and conun~ruty
org:mizations in the displacement 3.reJ. lo fom1 a reloc.:1lion cornnuttee.
Thc corrunittee shall include. when applicable. residential owner cccU.
pants. residential tenanlS. business people. and members of existing orga.
nizatiens within the area. In lieu of initialing a new process of citiz.e~ par-
ticip.Hion. public entities which have conducted or are ccnductUlg a
citizen ~rticip41tiCt1 precess as pan of an existing developmenrpro~rr.
may substitute such process if it satisfies the requirements or this sectlon
Ie -7tf-.6
Page 263
R...~i,...,97. ."lo. )); S-1}-9'7
.
j ,\,ll~
BA!<CL\':S C.\LI?G;<.'\1.\ CGOe: 0: ~GCL\-;-;O,'S
L .t.:-:: 2:
I:~ J su:s~~:.:J.i =.u:::::e: ::i ce:sct:.S ";1;:;: ::.ct ~ =::i9b:::::. f:==. :.:.e::
-I ""_._ .~~ .....:..;:c ....:-. ::"::I't 'e"'''' ........s..;t ',l,;;~ 1r:.c. ,~c' ,..:- '~e ,"
~',l,'~~...:.-:..... _'- l".......... .__.: ....... ... . ....." ......- Lo.. ... ........... _ ..r.;.-
v:c~ ci ;S;C:::'~3 J!:::i ;:::c.=:.:.:.i~y cr~J.ci;:.:l:icr.s J.:.c. :L:.J..!.:e :"':e ~icClt:cn
~Ll!: Jva.:::l=i~ to r..:c=. p:~.:::.s a::c. cr:;:u:i.u~cns ~r:cr~o Sl.::t:li~~3:t to
t!:.~ lezisLl:.ive bee:' fer J:=::~vJ.!. (S~e sec:.icn 60::3.)
(e) ~A.t 1 ....;~;-U:::::l the c.:s:=iJc~g e::H.ir:.' s:.:ill g'J<!.:'~mee tte fcilcwing:
(1) Ti::::e!y a=.c full xc::;;;; to ill c!.ccu::::.e::ts reIe-/J.:H to tbe re:cclticn
f=t'G'!:"J.Z::. A pubEc e::l.t.it:; =..1;' reJScoJci:: rest:.:c: access to :::::!.:.e::Jl
wh;r: itS CCIlIide=.tiality ~s ;:rorec:ed. by law or its disclcsu~ :s pT.:ci~ited
bylaw.
. TJe disdJ.c:.ng e=.tiry shill e~sur: that tl:e infcr::::l.J.acn :n dcc:.:.=e:ns
the crO...i.Si~IlOf';!:.icb. wculd :-esultindisdc:sure oftbe ide~ti['yofeU~Ole
p~~cr:.s is provic.ed in a .....'-,..e::'Cesi~ed to avcid SUC3 Cis.:lcs~. Tais
d:iiz:lci~ to avoid ir.:.f:~P:~:: disclosure shall not affect the right cf the
~::;~n to WJicJ the inIOr=.lticn relates (or my cthe:: person aui.!:.erized
in wntmsz bv S"..lC3 pc:scn) to ins~ect such dccume:lts.
(2) Ta~ provisiC!l of teC:m.lcal assiSUJ:.ce necessary to iI:.te::;re~ e!e-
z::e=.ts of the relccJ.tiCD. ~l:l::. and ether per-.ir:.ent ID.31erials.
(3) Tae right to subtcit written or Or:ll comments and ~~:ectia:s. in.
cludiniZ the ri'2ht to subtr.it written comments on the relocatien pian and
to oav; these ~oI:l!!:ents 3.tI.2CJed to the plan wbe:l. it is fOrN3:Cec. to the
lccalle;isbtive bcd.y or ..:e he~ cf the stolte agency for af"PfcvaL
(~) Pxr::~t. wr.ne:: response to any wria.en objections crc::r.:c:sn::.s.
l S014. FrerllGuislte to Displacement.
No ~:-scn shall be displ:1ced until the public entity bas fu1f:.lled the ob-
li~:lticns :"'7.oosed bv tI1e Act a.::.d Guide!.ir.es.
- '~.-~
l SOlS. Remedies.
<>) lithe public entity h:lS not fulfilled oris OOt subst.1lltiilly fulfillms
its relocaticn respcosibilities. it shill cease displ:1cement until such time
as its respcr.sibilities are fulfLlled. When appropriate project ia:plemea.
tatien shall be suspenced ortermmated.
(b) Eligible perscns wbo move without offers of assis~c~ ar.d bene-
fits. after the public entity was required to offer OlSsist.lI1ce or be:.efits,
shill be provided such assist:mce and payments and. wben apprcpriate.
compensation for additional costs incurred. The displa.cing entity shall
mJ.ke every effort to identify and locate such persons.
(c) A public entity may pay a compl.ainJ.nt's attorney's fees and costs
a::d is encouaged to conside: doing so when a complainant institutes a
successful.1cministr:uive app:al or judicial action.
(d) Toe e:l.umcration of re:ncdies in this section is not inte:.ded to dis.
courage or preclude the use of ether remedies coosistcnt wilh the intent
of the Act:md Guidelines. Rather a public entity is encour.J.ged toconsid-
er and adopt <:{be: remedies.
! S018. Priority of Federal Lsw.
If a public entity unde:ta.k:es a project wilh federal finJ11cial assistance
and consequently must provide retccaLicn assistance :md be:;c!its as re.
quired by fede:J.11aw. the provisions of the Act and Guidelines shall not
apply: but if:m cbligation to provide relocation assistance a.".d benefits
is not impcsed by fede~ law the provisions of the Act and Guidelines
sh"]l >pply,
! S020. Severability.
If any provisicn of the Guidelines or the application thereof is held in.
valid. such invalidity shall not affect other provisicns or applications of
the Guidelines which can be given effect without the invalid provision or
application, and to this end the provisions of the Guidelines are severable.
Article 2. Re!ccation Assistance AdviS{Jrj
Froaram ar.d Assurar.ce of Comparable
- Replacement"Housing
l S030. Fur;:osa.
Tue p.1rpcse ci ib.:s ::a:: is:.o set fct'"~ ~cui:e=e:'t.S '-,1;i~ res:ect to tt...
ceveic~e::.t ~C i::::~i~=e:lt.:u.:cn cf J ~!cc~ic:. :lS~istJ.I:.c~ ac.,~iscr:." pr';'
2::lO for the Crc.....iS:CLl at' s:ecified se:-itceS :1:.': to presc::c~ :.:.e ooliQ.:!'_
tien or a pubii'c e::.~,yuc{ to dispi.1ce or ::;u.:se tl:e :.ispiJ.Ce=e:.t oi:my ~-:-
sc:n frem his d'.1.'ell::r.; withcut .1Ce~.1!.e notice ar.d u.=.!ess c::J.~le
fe?lace=e::lt bcusi.=.g is availabie.
l S032. Relccation Assistance Advisory Frogram.
Public entities sb.ill ceveloo 3.I:.d ioole:::nent l:eiccatlcn assis~ce ole.
visor! progr:u::: whic~ satisfies the ~ui..""e:I:e:H.s of this, anic:e and of
Tide VI of the Gvil Riglo<s Act oi 1 %4. Tide Vill oi the Civil Rights Act
of 1968. the L'::r..:h Gvil Rights Act. the Rt:=.fcrd Act ~d .1?plicabie
S'-1te .:u:;.d federJl anti-:lso:::-:.m.ination laws, SUCJ program sbal! be admin.
istered so as to provide acviscr! se:-"Iices wbich offer ma."timulD. assis-
t.ance to m.i.ci.rciz.e the b~ship of displ.1ceme:lt a.r::.d to e:.sure that (a) all
pe-:sons displ.1cd from rhe:.rdweiliogs are n:lccJ!ed into hcusing meet.
ing the criteriJ fcrcccpmbie repl:l.ce:x:e::1C brosing.:md (b) all fer:5ODS
displaced from the:r places cfbusL'1ess cr fa.r::n c~:-a(icns are a.ssisteC. i.r:!.
reestablisbing witb a micic:.um of delay ar:.d less of e~.i!:gs.
NOTE; Authoricv c:t:d: S.:c:.icn 50.:.60. r.::~lh:uxi SJ..ferj Cod::. Ref::~c:: Sc:=-
lion 726l. Gov~:,:"...'":1~:lt Ccx!.~.
HISTOR":'
1. Am~:;dme:lt ofs.:c:lcn Jr.d new SOTE flh:d 3-t2-97;op::rJ.uve c}-11-97 (R~-
ist.:r 97. No. J3).
l6034. ElIgibility.
(a) RelocJ.ricn assistJ.r.ce md benefits shall be aVJ.ibble to:
(I) Any P'''CQ who c<cup;es prep'rty freC! whico be will be dis-
pIJC,d.
(2) Any pc:-scn who will move frem real prop::1Y orwill move his ~:--
sen,,] prop'It)' froC! !'C,I property. bec>use be will be displJCed from cCl-
er real property en which he conducts a business or f:um ope:ation.
(3) Any pcr:;cn who moves from real prop:rty.1S 3. result of its acquisi-
tion by a public entity whether the move is voluntary cr iilvolunLU)'.
(4) Any p!~cn who. following the initiation of negotiations by a pub.
lic entity. moves JS t.l-:e result of lh(' p:nding Jcquisiticn.
(5) Any pe:scn who moves as the result of pl::tding .1cquisilicn, reba-
bilitation orde::1c1itien by a public entity either following receip of a No-
tice of Intent to Dispiace (see sec:icn 6086) or as a result of iJ:duceme::H
orencouragerr:e:tt by the public entity.
(bX 1) Post-acquisition tenants. those who lawfully cx:cupy prope~y
only after a public e:'l.uty acquires it. orwho lawfully cx:cupy prcperty af.
te: the private acquisition of prope:ty by .1 pe:$OJ with a written a~e-
ment with a PJblic entity for the PJrpcse offmancing the PJ~base orde-
velopment of the prope:1Y. are nct eligible for assist.ance a.cd benefits
otherthm advisery assis:.Jnce to the e:ttent dete~ed by the displacing
agency.
A public e::.tity shall inform pail-acquisition tenants regwing the
pro-jected date of displ.1.Cement md. pcricxiically. should inform post-
acquisition tenants of any changes in this projection.
(2) MIen the displacement of a pest-acquisition tenant causes abard-
ship forthat person because of a critical housing shortage. age, handicap.
infinnily.lack of financial me:ms or other circumstance. the displacing
entity shall provide ~!cx:ation advisory assistance and. may in its di~cre-
tion. provide ether financial relcx:aticn benefits. In such bardsbip Slrua-
tions a p.1b!ic entity is encooraged to provide advisory assistance a.r;.d
payment for moving e:tpenses.
TC-7S- ---d
Page 264
Rc,i-.:r7i.!"o.3}' J.-1S-<r7
~ 6040. Minimum Requirements of Reiocatlon Assistance
Advls<l'Y Program.
(a) Exh relocaticn :1Ssistance adviser.: progI'J.I:l unc.e:'.J....l.;.e:l pursuant
to this A..-.icle sb,311 iIlcluc.e. at a Icici::::J.u:::I.. such a:.e:l.Surt:s. [acilities or
se:-...ices as m:lV be neceSS:lrl or accrccnJ,le in oree:" to:
(1) Fully inf~r:n eligible p:=scn~ ~r.de:- this Anic!e wir.bin CO d.1Ys fol-
lowing the initi:lticr. of negcti:Hicns but ..ct rater than the c:csc oi esc:ow
co. the prop:::.y. fer J pa.r;:e1 as to th~ availabiliry of re!CC:l.ticD be:le!its
and assisuc.ce :utd the eligibility requi~::r.e:'l.ts the:-efor. as well as t.be
procedures fcrobL1ining such benefits.md assistance. in :l.ccor6.nce with
the require:r.cnts of secticn ~46. For projec:.s by private p:;uties with JIl
ag...-cc=:.e:lt with a public cntity. the "initiJucn ofnegouaticns" shall te
the bte:-of the dJte of acquisiticn or:he 6[e of the wnw:n agreement be-
tween the private eathy ar.d the p..1biic entity for purp<Jscs cf acquiring
or developing the propcny for th(' project.
(2) Deter:ni.ne the e:ttent of me need of e:u:h such eligible pcrscn for
I1:!ocJ.ucn assistance- in accordmcc with .the rcquiI1:::nents of secucn
6043.
(3) Assure eligibll: JX'rsons thaI wilbln a n:asonable pericd of time
prior to dispbceme:lt thct"C will be available compJI'J.ble replacement
housing. rr.eeting the crite:1a described in section 6008.(c). sufficie::lt in
number ar.d kind fer:lIld avaibble to suc:t eligible per:>cns,
(4) Provide curre:1t and continuing information co. the availability,
prices. and renuls cf ccmp:lr.lble sales and rent.1.1 hcusing. and of campa-
rJ,ble ccmme:tial prope:ties and loc:llico.s, and as to security deposi~,
dosing costs. typic:tl down payme:Hs. inte:1:st r.ltes. :lIld terms for reSI-
dential property in the il.n:J..
(5) Assist eJ.Ch eligible perscn to complete applicatiCtls for payments
md benefits, .
(6) Assist each eligible,dispbc~d pe:'Scn to obtain and move toacom-
par.l.ble IeplJceme:lt dwelling, .
Only adequ:lte inspe-::tian will insure th:11 a partic'Jl:l.r unit meetS thIS
standard. If a di.splaced person occupies a ucit to which he is refemd by
the PJblic entity and the unitdces notsausfythe comparable replaceme.nt
dweilingsundard. the public entity hilS nct fulfilled its cbligation to asSISt
the displaced per:;cn to obtain such adwelling. Whenever this cccurs the
public entity shall offer to locate such adwelling for the displaced perscn
and to pay again all moving and related e:tpenses. If the displaced fCrsC1l
chooses not tomove from the unit that he occupied following refer:al. the
public entity sh:tll not assert that be is ineligible to receive relocatIon as.
sistance and benefits on the basis of that unit's failure to satisfy the com-
parable replacement dwelling standard.
(7) Assist each eligible pet"Sco displaced from his business or farm o~
ernUon in obtaining and becoming established in a suiuble replacement
lccatioo.
TC -7 Co -:-.8
P~e 265
r.> -
(3'; 1,;' ~:t::::: l ~t.::i.:: -::.:::::. c:~r::~:::::tov.-:.s.:s =J..:':::'~='(;1..:s:.:.; 1';1:':.
2=:~_::"C. J. ~=-=.!::~:.: :.lS~s..1 ;;CS~-J.c~'J:sit!Cl:. :e:..::r.: .,\..:c =c''-e~ J.S ::.~
~:;':;:,..::( .l'.li~.:::::.c~:::::cc:=t: :;ubiic ~:.(it:..tc O;:1C2::::S e:i:;:::': :'c::-::;c-
C1t::::: .l.SS:S:..1.:.::: J.::c. ':t::.e~::s:r t!:t! cret:':' to '/:).CJ.t:: is :t:lJ.:..eC:J 1 ::i.:u::.:o
c.~=ci:s:. ~:lbili~te cr c~J!:.~e tbt: use oj suc: 'J:::llrs.
:\C7!; .-\:::'~cr.:"! c:~::: S~~;cn ::G~cO. E~:lt.'1 Jr.d-5.1i~,:,! Cce::. R:::::~~c::: ~o::.
ucn ;:~q.:). Gcve=:-.r.:.:::-:t Coo::.
HlS70it y
L ..1_-:::::~c.:::~~t afse-:::.:.cn J.r.d ::c:..... ~oTEfild 3-12-97; ~~::v~ 9-: :-9"7 (R::;-
is:~:' ;:. :-';0. 33).
~ 60:6. Rehat:i1itation and Oemol1tion.
if J !Xciic e=.rir;l.::j,ce:-...1.kes a :-e::'J.oiliuticn eree=.oliticr:. ~r:::P=1J.::c
as a :e~dt J. pe:scncr~us1l1ess is displ:lced from priva.te!: ow:.e::. ;;rc~:-
t::. tl:~ ~..lbi.ic e::.riry shill provide assist.:mce and ee::.efits. Ii a ;:::e:scn cr
bcsi.r:ess is Clspl.:!.Cea by st:c~ an unc.e~J..lci.ng from property ac:;uLred. b::
:l c:.:.biic e:.t:ry. tl:e PJblic e::.tiry sball provic.e assisLl!:.ce ace. ce::.efits.
~~TE: .~u:r.oriry c:~d: Secion 50J60. H~:uth:md Sai.:ry COCO:. R::f::::-::,:c~: &-::-
lien i:6C(c). Gove::-..7.~:':t Coo.:.
H1S'iORY
1. A:r::::'lC~~:':l or s.::dCfl h::::lding md se::::.icn:lr.d new :-':an rued 3-t1-9'7; cpo
::~t..:'/~ 9-1 t-o/i (R::;is~r97. ~o. 3J).
~ 80J8. Relccatlon Plan.
(J.) As seen as pcs.sible fallowbg the initiaticn of negc{::lticc.s acd
\=:::crto p-rcceed.:.ng witJ. any phase of a project or other JCti'lir.... th:lt will
result in cispbce:::,.e:.t a pubiic enury shall prepa....--r.::1 Re!ccJ.t:cn PIJ.:t ar.d
s-..:or:J.it it icr lfi'CtCVJ.! to the lccal lecisl:llive bed.... odn the CJse of J.SUt.I::
age:..::y. the b~;d of lhe age::.cy. V'/'o;::1 the pubiic"entit:/s J.ct:cr.. will cnly
result Li'1 an insig:n.i.ficant amcunt of ceo-residential displ:1ce-:::.e::.t or resi.
cc::.tial displace=.e::l.t will cot e:tceed 15 households. a dispbc:.o.g entirj
s:,a!! p-rovic.c benefitS 3S required by these Guidelines ::u:d Si.1te RclocJ.-
tien LJ,'oV withCtlt complimce wilh this section.
(b) A RclOC3tion PI:lIl shall include the foUowing:
(1) A di:lg!'Jmm:ltic sketch of the project art::l.
(2) Projected dates of displ:1cement.
(3) A writte:l malysis of the a~g3te relocalion needs of all p::~cr.s
to be displ:u:ed (as required by sectioo 6048) and a detailed e:tplanaticn
as to how these needs are to be rr.eL
(4) A writtC:1 analysis ofre!ocaticn housing resourt:es (3S required by
sectieD 6052).
(5) A dctJ.iled descripuon of the relocation advisor! se::-/ices prog:J..'"::1.
ir.c!ud:.n; specific prcx:edures for locating md referring eligible pcr5cns
to com?arable replacement housing.
(6) A description of the relocation payments to be maCe (plr.>Uant to
Article 3) and a plan far disbursement.
(7) A cast estimate farcJ.rry1ng out the plJn and iCe:J.uficatico. of the
sC\.\rt:: of the cecessilI)' funds.
(8) A de' ailed pl:l!l by which :lilY last resort bousing (as Cescribed in
secuon 6054 and Article 4) is to be built and fInanced.
(9) Astar.d::ud infcrmaucn statement to be se:J.t to all per.::ons to bedis-
placed (as required by section 6046).
(10) T.:mp:rary relocation plms. if any.
(11) A description of reloc:1l.ioD offIce oper.1uon procedures.
(12) Plans for citiz.en participatien.
(13) An enumeration of the coordination activities undertaken (pur-
suant to section 6052).
(}d) Tne com.:nents of me relocation comminee. if any (pursuant to
secuen 6012).
(15) A written determination by the public entity that the necessary reo
scurces will be available as required.
(c)A Plan prepared by a lo:al public entity shall be ccnsistent with the
local housing element.
(d) In the event of delay of more.than one year in the implementatico
of the relocation program. the plan shall be updated prior to implementa-
lien cf thal progrun.
(~i (:) C:F:t:s d:.:~ ~iJ..-: ~bl! ~~ ~;,:c=:::::..::-:r;:"-:"!"":':::'"! :-e:CC1t:.cr.
c.:==t:ee :0 eJ.;'s :..~::::c sd:t:"'..:ss;~ t;::::: le<:~ :~~S:l:':'\'e :cc.:: c;:,
b::lCi cf 5:..J.:e .l;~::'c:'- :'cr a;:;::::;vJl, C'::Fie:; i;:~! ix a'.-J.i;.l=~~:0:.::e ~l.:.::iic
I.::cr:. :ec'..:.es~.
(2) C~:.e,:,l! ncric~ ci~;:, ~i~ s:i:.1E C<' r:liiCe-:. ~C{:c: s;:J.J be :::~.
si;::ec to ~J.c: tl:.~ CC::!~J!:.t.5 cf tte i'rc~::::: it si::.l!l b~ :.:: JC:C~ce
.....i6 r..:.e ~rG\i:.sicns OE pJ..r.lp;:n 6C~\,.l ~(3';:4:C subse-::icc -:O~t:(b): ~c.
it sb:lil be t=::Jviced 30 6::s ;::r.cr.o succ..:ss:cn tct:.e lcc.1lle~sl.:1:":'ie
bcey or he:J.c of s:..J.te age:.cy fer a~Fova.:.
(f) A:ly c:.s~iJced p:::SCI: or int:~s::G. cq:miz:ltCI: :='lY rtiticn the
c.epa..~e:.t to review tb~ :e!cc:lticn piJ.!l re;;uL.""'ed to ~ sub:::itted OV tbe
displac:.og a;~ncy. Tc.e Ce;:a.-::::..e::.t si:.ill ::-e'/:ew the ?ian:.=. ,lc'::Or:::"""'ce
with the tir:::e ccr.s=J.i!:lts J.!:d tbe pr.:ceC.1.::'e:s eSi.abiisi::ec. ~ .-\...~icle 5_
t'-i01E: Aumcrit"j e:t:::i: S::c:.icn 50.t60. E:::lth ~d. Safety C~. R::::r:::-.e:: s.:.:-
Hens i1CO..:5 3r.d i16t. Gove::"~-:;.e:lt Cod::.
H!SlC;t'(
1. .o\.'TIer:c:r::::-:t of subseo:::ion eel rued 1-:S-7: 3S ~rcc:du:ai .m.:i cI]:uUzJ.ticn31.;
ene:::..:v:: upcn fili~ (R::~s:e::' Ti. :-;:0.5).
2. Ame:lc....:-:,::1t of subsec:icr.s (.1) ar,d (Cl-\~l(!)" n~W subsecticn (0 ar:d n.:w
SOlE fued S-t:-9i; opc:rJ.ti'l~ 9-t 1-9i (R::;:s~j9i. :-;:0.33).
llc&illO:r97.l'lo.)J;&-I}..91
'.'
i 61~~:
BARCL.-\YS C-\i..I::Z)RSL\ CODE Of R:::GLL.-\!iO:-;S
7:~lt 2:
(3) ?:c"~c: J::.:: s~:",;i.:::s :::qui~d. to i.cs.:~ tb.':H:':'~ ::~ccJ~:ec ;:':::c~s:;
cfces :Jct :::S'J!t i.::.=:.::e:::.: =rse;:::L...""'lte treJI.::::e:.t en lC:::Ct ~i :X~. .:::ie:.
re!i:ic:.. Il.lt:.cr..:li cr..~". s~:'t. t:::.lc.ul stlr.l.S. fJIcilial H.J.r.:s. er ~:.' oasis
p~~':~~ ~y st.l!~ cr fe~::l! mti-!isc:-:mi.c..1ticn laws. cr J:':' er.:e: l.--:i.
tI'Jri c:r.::.::=stJ..l:.C~s.
6~)SL:!=!=iytc s..c~ eHg:"cie ~rs~ns iclcr:l1J.tionccnce~g :ec.e:':l! and
su~ bet:s~g pr~g;JJ:::.S. disl.S;:er lean me other progrJ.I:1S ld::li::is:.e::d
bv the Sc:I:ill Busi::ess Ad=in.islTlticn. il..I::.d ether Cec!e::1l er Stl~ pro-
~. effe~.Ilg assisi..lI:.ce w displaced ~:scns.
... (10) p:ovide el1:.e: adviserj assisWlce to eligible ~:::>ccs in cr.::eno
mini!cize their ba..-l....ships. It is recommended th.3.t. as ::.eeded. such lSsis-
U!:.ce iI:clcce cctmSe!.i.Ilg l!:e refe~s with regard tobC\ls~g. fma::ci::.;.
e~ciQ'."'C:.c.t. ~g. beJ.!t:. and welfare. as well as ether assis~ce.
(11) fu.for:o. al! ~~"':sc'C.S who a.re e:o;pec:ed to be dispilced abet:t the
evicticn cdic:es to be pU!3ued in CJ.II')'ing out the project. wbicb pciic:es
shill be in :lcco~.lnce ~ith the provisions of secucc 5053.
(b) Re!cclticn Office,
\Vhen 3.subst.antialnumbet'ofpersons will be displacec. J.I:.d the re!lXJ..
ticn s:.J.ff's office is net e:J.Sily accessible to these pe:sons. a dispb.c~g
entity is er.cour:lged to establish ilt least ene appropri::l.Ce!y equipped site
office wbich is 3.cc~ssible to all the area ~sidents wbo m.3.y be displaced.
ar.d is st3iied with t~ed or e~pe:ienced ~llXatiClJ. pe:scnnel. Office
boun sbould be sCJec.uled to accommooJ.te persons unable to visit the of.
fice d'Jrinz nOw::lal busmess bours.
(c) E:1c~ displ:1cmg entity shill establish and maintJ..i.n a fer.D.ll gie'l.
ac.ce prccedure for use by c.:spbced persons seeking :lC:ci.cismtive reo
view of the entiry'sde:er:nin:lticns. The pnxedure shall be:.n :lcccrdar:ce
with the require=e;.ts of .A..rticle 5.
NOiE: Authoricy C:l.e~: S~~cn S0460. Health and Safety Cooe. R.:ferenc:: xc.
tion~ 7260.S :md 7261, Gove:7'.m~nt Code.
HIS10RY
1.A.mendment of ~ubs<<:ions (s)(1) snd (,1)(8).1lld new NOTE filed ~12-;"i; op-
er3tive 9-1 1-9i (Rc:~sler 9i. No. 33).
~ 6042. Replacement Housing Prior to Displacement;
Nolie"," to Dleplaced Persons.
(a) Noe!igible pe:sonshall be required tamove from his dwelling un.
less within a re:J.Scn:lble pericd of time priortodisplacement compJ.r.lble
repla~e:nent dwellings (:15 deftned in subsection 6OO8(c)) or. in the case
of:l tc:mp:lr:lI)' mavc:(3.S defined in section 6044). adequlte repl:u:c:mcm
dwellings (as defined in subsection (b) below) are avail:1ble to such per.
sca.
(b) Toe critcrb for adequ:lte replacement dwellings are in all res~cts
ide:nlc:ll to those forccmparable replacement dwellings. except that a.n
adequlle rcplace:r.e:It dwelling. with n:s~ct to Lhe number of reams.
h.1biuble living space and type of CCtlsuuction. need be only adequate oct
cO'l:l:.p:3.r.lble.
(c) Re3..Sooable Offer of Replacement Hcusing.
Tne requireme:Its of lhis section shall be deemed to bave been satisfied
if ape:-scn is offe=-ed ar:.d refuses without justification re3.Sooable choices
of specifically identified cornpar.1ble replacement dwellings which fully
satisfy the cntenase: forth in the Guidelines. The offers shall be in writ-
ing. in a language unde:stocd by the displaced person. The number of of-
fers determined to be reason:lble shculd be not less than tllree.
(d) Notice.
No eligible person occupying property shall be required to move from
a dwelIing or to move a business or fann operation. without at le3.St 90
days written notice from the public entiry requiring the displacements.
Public entities shall Ilotify each individual tenant to be displaced as well
as each owner-cccupant. (These requirements are in addition to those
cootained in sections 6040 and 6046.)
(e)Wai....er.
The requi~ment in subsection (a) above may be waived. onlywbenim-
medbte possessicn of I'e:ll property is of crucial import:lI1ce and by cne
of the following circurnstmces:
(i) ''\''.:1::::' ::s~:JC~=~:t is :ec~ssit.ltec 0:: 1 =ljcr ::':S:5:::: ~ Ce::r.~~
:.:: S~c:.icr:. 1C:(:) of:te Hlll..--:: MitigJ.~icn .l!:.C R~!cc:u.:cr:. A.i3:StJ..c.c~
,.l..-:: of 1993 (~: C.S.c. 5 L1l)~c.'ortte DEicr::..:J. ~ar..l.-:U D~s.l!:~e: As-
5:~~c:Act.
(1) Dur.r.g ~::cC.s ci c.ec!~ O:lticcl1 cr S:.lre e=et'~e::cy.
~OT!; A.:.LL~Cr.r:i ::~::d: Sc::::..:cn :o~. H::3.l:..":..1r.G S.lf::':'j COC::. R::fc::-::::::: $.:c-
t:cr.s i:60.5. i:.5i JI:c. i:.5.1.5. Gev-=:r-.mc::n COCC:O
ElSTeR':'
1. .-\mc:~drr.e:'lt cf rob~c~icns (3) JI:d ~c:)(t l JJ"'.a no::',1: S07E f1l~ 3-1 :-97; opter.:l._
ti'/e 9-11-9'7 (~...:-;:s~:, r;;. ~o. 3':).
~ 6044. Te",porary Move.
(a) Geoe::!l,
(1) A pubi:c e::.t.!.ty shill be requl..'"'ec. to ~:: to the gre.:J.~s" e;;:i.ent
fe:lSible the use cf te::lpcrary rellXaticn rescu:;::s (:is denned ~ section
c{)41) bUL wee: a project plan anticipates moves back into cC'Cpleted
p'oject a.cc~cC.:1ticcs. te:op::rary rellXaticn resoorc:es D:la;i be usee.
at the displaced ~:'Scn's e!ecticn Cer a limited pericd of time.
(2) Te::nPJr'__'" ~IO:.ltion does Det diminisb the respcnsibil:cy of the
pubic entity to provide re!cc3licn ass;st.mce. se:-/ices and be:.efits de-
signed to a.c:bie'..e pe::n3.C.e::l.t rellXltien of displaced pe:-scns intocompa-
rable repl:u:e::::e::.t dwellings.
(b) Require=euts.
(l)TemPJr'_7 repla.c:e::::.e::J.t housing :nay Dot be relied upon if compa-
rable replace'X.c::.t housing will not be available to the displace:: p:::-sco.
within 12 mcn:b.s of the date of the teop:lr:u-y c:.ove.
(2) Prior to tl:e move. the public entiry shall hlve eetermined J.r:d bave
provided writte::t JSSUr:l..::.ce to eacb dispbced pe:-Sal that:
(A) Cornp:rrlole rej:ll:1ce:ne:-:t housil'lg will be made availlt:le :ll the
e.1.rliest pcssible tiI:i:e but in any event DO later tha.n 12 months frem the
dlte of lhe move to tempcr.:lry bousing:. Tempor:lrJy bcused pe:scns may
agree toe:-;.ter.d the 12mClJ.th limit:lticn but. if they do not. the public enti.
tysh311 ensure :llltcomp;l!'able replace::oe:ltdwellings are :lv:lihble with.
in the 12 monlh t:ericd.
(B) Compl.rJ.ble repllceme:It housing will be mlde av:J...il:1ble. on a
priority basis. (0 the ir.dividu3.l or fJ.I:lily who h3.S been tempcr.uily re-
. housed.
(C) The move to te::opcnry housing will not affect J. claimao.t's eligi~
bility for a replacement housing p:lyment nor deprive him of the same
choice of rcpl:1ceme:ltbC\lsing units th:lt would b.1ve been made available
had the tempor:u:,move not been made and the costs of a tempcr:u:, move
will Dot be ccns:de:-cd 3.S 311 ora p:J.n of the relccltioo payments to which
a dispbced pe:scn is eJ1titled.
(0) If:1 project plan anticip:ltes moves back uno repl:lCemC':Il housing
accommod:lticns in lhe project or progr.un area. the persClJ. who has been
temporarily displlced.will be given priorilY opportunity to oOtJ.in such
housing accommodations.
(E) The public entity will pay all costs in connecticn with the mo....e to
temporary housing. including increased housing casts.
~ 6046. Informational Program. .
(a) Basic Require:r:e:-:ts.
The displ:u:mgenti!y sh31l eSlJblish and maintain an information pro-
grl.ll1 th:lt pro....ides for the following:
(1) Prep:lr.1ticn and distributicn of informaticn31 material as ewy as
pr:u:ticable. to each occupant of the property. Tnis material shall be dis-
tributed within ro days following the initiatiClJ. of negotiatirn.s (see para.
graph 6040(a)(1)) and Dot less than 90 days in advance of displacement
e:t.cept for those situations described in subsection 6042(e). Vt'bere ap-
propri:lte, separate informational Sl.Jtements shall be prepared for resi-
dential and for non-residential cccupants.
(2)Cooductmg p::rscnal interviews and maintaining personal contacts
with occupants of the property to the maximum extent pr.1Cticlole.
(3) Utilizing meetings. newsletters. and other mechanisms. including
local media available to all persons. for keeping occupants ofth. property
infomled on acontinuingbasis. The crilericn forselectingamoog various
altem",ives shail be the likelihood or actually communicating wonna-
-rC.-77 _ ,0
{ p~e 266 A:J
1l~li...r'TT.:-;O.D;5-1}.-g7
i:~~ ::
l;~;J.;::::-:t:.;, -n ..'"..~..;.:.; .:.:-..; \.. :.....r:-.:..;.=-.,;~:; L~'.~~I.:-" c....... .:.;,...1....:::
:;~::~:-...: :::::.::.:1t:::::. .l.:.C S~:J: c:.~~ .....':::.:C:: =~:: :t= :.:=.=.:~::o=::. 1..-:
::..::::.: i:::: ~~::;....;:;;. L~=.l; ::t.:ci:cJ.t:c::.s. :e=:1l1c = :cc': :~'.;'.;:.l;-~::; .::' ;:x:=.s.u:.c ~-:'::(::7.S. :.:~ .1..-::-:t.::: ,::'":.:.=i:.!::~ .:'..::.; i:~':.1:.: :\X:::!.:.:.::.::.:
..:.~"!:::c-: :.::e :.c~~'~:':,:,:~.
i ':: L~;..::l.=~. L:..:'';C:l.t:.CO:ll ::I:J.te:::!.!. si:.cu:c. :~ ;-:-:;:l..~':' ::... :::~ :J..::-
;':.:l=~~.i) =CS: ~JS:l:::::...:~~tccd by ti:.e ~c:;:i~::.ts. 1:. ::s;ilce==:: l:":~
....."::..:~ :::~:-: J..."': 5i:-:::c~t ccnc~::.t:::l:':cns cf ;X:::;..::r..i ';".:'0 .:..: :Ct :O;:.lC.
..,..:::~. ~:'=,:,~:'S:..1;:c. =.::.psh flue:::.tly. tte o.J.t~ve I:!..:.;:':'l~e ci::.~ ;:e~~:e
5;:CU:C :~ 'Jsec. J.C.~ ~ i=..fec:llienJ.1 ::':lte:-:.J..l .ii;.cc:c .:~ :=~v::.~-; i..c ...:e
:'~:":"'~ :;!.::g'':lge~:S) a:.c E:J.glisn.
(c) ~1~:..:.cC ciDe~i...e:::. To .1Ssure rec~:p: of d:e :.nf.:~t:c:::i. =:lt~::.
J.L:1:.e :CC:ll J.ge::.cy si:::.euld J..."T:J.D.ge to b..:1'..e the m31e::~ e::..::e: :1:::.-ie:..i',,-
e:-e-:.:C ::::.s::" cc::'.l;:a::,dthe prore:::.. wi.:..b. l reques~ ic': J. ',.1;r:::..;:. :e:.e:;::t.
cr 3e::t =:: ce:-.ifi.ec. t::.:liL reruo rece~~ :-eques:.ed.
(C.) C-:::.e::ll a::.c S~:.i...i:c Iclor.::::l.1t:cll. In 1CC.:r.:C:' to c.:s:ie=.1t.::g
o;:e:.e~ :.;::'Cr=:J.:1Cll of tbe type desc:ii:.ed in tb.is se:::ic:.. t1:e :':S91~::.g
;=.:.:.ty s~:2 J.lso ~rovic.e e:lCh t=e~cn witb. indivic'.l:!.1. w::::e::. ::::t:..:'1C.lr.:Cll
as see:: as his eligibility sucus bas eee:l esubiis:ed.
(e) Cc-=.te:.t of 1J~..fc~ational St:J.te:r:e:IL Au.:lC~=e:.~ A ice:'::..fies rl:.e
k::.c.s of intcr::J.aucn required to 'c.e induced in Swte=e:.:.s c..:s:::':;utec. te
cc::.:p:::s cf the prc~~y. Toe figure lists minimu;:l ;:qui~=e::ts. Tee
d:spiac::.g e:.t~ty shCt:ld include any ae.diticn.11 ir...fer::.:J.:icr:. :':':H it be.
lie'les w:c.ld be hel~ful. (S~e A(l.1C:lJ:::.e:I( A.)
(-;e1"E: A::!...I-:cr.ry c:t:::.!: S"::t:cn :0.160. H:::ul..' .1r.d S.1f::r'.' CXe. R::f::~:-:c:: Se::-.
ccr.$ 7:::0. 7'160.5 :1I".c n6t. Governme:'Il Cede.
HISlOR'l'
\. A.rr.:::::;;;.:<~t of subs,::::.icn (:1.)(1) (U..:d 11-.5-76 1S J.r. ::;.::::-;-::-.c::: c!::~lg:-:",~d
e:":.:c'.J''':: 11-:::7-'76 (~:;:ster 76, So. 4.:).
!. C:::-,..:f:c",::: ofCoo:?ii':1r:c:: fik-d 2-16-77 (~;js:.cr 77. :\c. 3).
.. A:l":::::drr.:::-:t~t subsec:icn (J.IO).:md n.:w ~oTZ iil.:d 3-1:-177; cF"r:llJ','e
9-1 :-r:ri (Rl."';:st.:::- 97, So. 33).
~::~f:~~~;~~;t ~~~~~~~:~c~~;~cs:~~~~:~~~;;::~~~~~~-:;:~t~
t:CCS (~c:'..:C:'::; =t.:.:'ic:;=.:!.l ~:-;ic~s:"Ct:.c:=.l::~::; :.::.::.: .::::::::::::. J.;;Ct:~?_
:clc lS its =e=~:":j ~::c:~=?i:l~ :-::t'Clt:t;:: itcdc liso c.:: :':'ch:.6::.
(c) A w::::-e~ .l...":..:!.!ys;s .::i ::elcc2!:cr:. hct:s:..-:~ :~e-:s st~ ~ pre:::a..;:...:
!. s.:llll..~ -...........-...: i.. ,"":-'c:~_. .:,..;1 t..., ..-~'c ,'. C',.~---;-..,r;cn' . .-'
... ...... :'._:--.........~:...&.o ..... ."_'" '- ;...L;"J, v __...... .-.-..... CI:":e
.lvJ.m.bili,.. :cr J.il Fcte:::.ti.::.l':':s:Jb.c::~ ci :c';.;s:':''Z .....::;c~ =~:s tte S""
~.,,..;, ",or :;.....:., j.. '~e C.~f-;F!;.:cn C': ........~..~:..:, _:".,,..a...~'" ......",;.... :;:.
\...__ ~......._.....;.I.; ......0..;..... 1>..........:--............. .>.:-, w..__,,_._I.o.... ....~. l'"'e
i~..!e'-':J.ric:: c....ca....;..<l :"'C-I:: 0\\-":5:":'" 1::': .......Jl !J::...i.S s'''J..iI'c-e -
.. ,_ _~.. ..-.0.;:: _...... . _~. ,,II:' . ~ ....-:. .,'.: ;:-:0-
v~c.ed. se;:::t.-:l:e:.y. Tee o.'';~C~: 0[ u.::.:.tS :.eec.~o:: ii:J..:.l ce ,c.e:.::.:.ed by C::s:
fer e:lC~ si.z.~ ::lte 3cr:', T.:.e ;:;,eecs cf ~!c.er::: 1:.:::' ':1::J.::.c.:.c:J.;;pec. ':.cuse::cies
s:.J.ll be si:.c\l.~ seca.r:lte!v lI:d stili i=.dl;C! :=..fur::::~cn cr:. :.he i:l.:':-:"e-
oi )-.;.c~ b.cuse:oI6 :equi::''':; SF€'c:ll iac:.Et:::; J.:.c the :'.:lm:: oi st..:.c~ f~:~
lities.
T.a.~ state=e::.[ cf r:lcc:nien be1,;.s~g: ne:6i shill ~c;uCe ldesc:1cticn
er t1:e locJ::c~:l! cbJ.r.lcte:'istics ef tt:e dis~tJce=e:.t J.."'el :::.e:g.:bc6'oc6
c::Jt:'espccc:.:.g to the requL.."'e::ne::.ts oi cccF~-:l.ble ~?iace=e:..t bcus~'Z.
I:icr:nar.:c:. shill 'c.e prcviced c::Jcce:J.ing ?-,c:t::r..ity to pr:se:.t e::i::cie~.
r.:..e:..t scur;:es. n:edic:J.! :u:.d :ec:eJt!cr.:1l fac:lit:es, P:U:(S. cc=:.::;,ur.irx.: c:;.
[e::3, sbop~g. ~sport.ltien.3.Il.c s.::~cds.1:.:'cr:::lJticn ccr:.ce::llr.g' ~:O;t;.
icity to cC:.e:- rele'l::L:lt c.t::eCs .l.J::d a.=enir.:es is esse::.tiJl to e:.su:i::J.g: that
no ~side:J.ts :l.o."": u::clpJciutec. by the re!ocJ.t:c:.. Jr.d suc~ i.~..fcr:;::.ldcn also
should be p-ovic.ed.
i SOSO. Failure to Conduct Timely and Ertec.lve Survey.
V"-cen l st.:rvey is not ccr.cuc~cd in.l ti..-r:.ely:u:.d ef~ective :nJ..:r.e:-, t....e
pubEc e:Hity sbill be obligltcd to l!:.J..k.!: c'/e::.. erfor'. ~e IccJ.t.e J.!l eIigibie
p::scns weo oJ'Ie rr.oved so thO,t :be:rneeds::J.::. be :.r.c!llCed L::. the su=-.ey
:u:d the implct co. the housing steck in lhe c'::C"ll1lunity C.l...'l be :I:.ere ac::u-
rJ.tdy dcte:::ilned. Tnc pl;blic e:..uty snlll ef~~r such pc:sccs ill retoc:l.
t:cn J.Ssist.lr.c: Jr.d Cc:1.efits forwhic:, they ct.!:e:-.visc qUJ!iiy and. in .1Cdi-
tien. shJ..l1 ccm~xatc st.:ch JX::icns fer J.il CCSLS ccc.lSicr.ed by tr.e
entity's fJiiurc to provic.e timely nctice J..~.d offer:> oi rdccJ.ticn assis.
tmct: J.nd be:1cfiLS.
i 6043. Sur/ey and AnalysIs of Relocation Needs.
(l) (t) Rcquir-.:rr:e::lt. Immediately rcHowing the ir.itiaticr:. ei ne;eti-
J.UL."S i.r.te:view all eligible per3CDS. business canc:::;;:.s. ir.clc:.!ing nen.
prciit er;mizatiens. .lnd fJ.rm op.:rO,uons to abt:l:""l iniCr:nl:.icn u?:n
whic:, ~o pl:m ferhcusing md otheraccomrnooJ.ticns.:lS well:l.S counsel.
in..::l.r.c :lSsistJI1ce needs.
-(2) Ccordin"ion with Other Agencies, Other ,seocic, IT.=y ,1'0 b< ~ 6052. Survey and Anelysls of Available Relocation
c:::nduc~:"'lgsurveys in the :l.!t:JJt the s:une time. CccreLnaticn.....ill b<nec. Resources.
essar:,: to avoid dupliclticn .:l.I1d to ensure that neceSS.lrj infor:;J.Jtion is (J.)( 1) To enJblc .1 public e:1.tity relsonlbiy lodctermine that the requi.
:lv.:1illct~ J.t the lPFopri:1tC time. Surveys utilizcd to :;Jlherd.11.Jforscc:a1 site compo.nblc repbce:nentdwc!lings will be J.v.:1ibblc. the public e:J.U.
service referz:1ls should be pl:l1".ned in coop:rlticn with scc:al sC;lice ty. within 60 days following the initiatien oi negotiations, shall inili.lte
agcnc:es md a rcfcrr:ll system should be est.lblishcd. a survcv:l.r.d :l.r.:llvsis ef av.:1ilable comc.;L""':l.ble rcloc:ltion resourt:es.
(3) L"lror:':1.lticn to Perscns to Be Displaced. Tne IOCll .lse:;.'cy shJ.!l If l ~ce:1t surv~y that provides the U;rCr.:1.lucn identified in this sec.
carefully expl.:1in:l.r.d discuss fully with e::u:h pcrscn inte:viewcd lhe pur- lion is not J.'/lilablt:. the pubiic entity shJ11 ccoduc! a surve:.:md :l.1l31:"Sis
pose of the sur.ey :u:d the naCUrc md e~tent of relocation pay:r.cnLS .lr.d of the housing mmet. If.l ~ccntsur.ey is available. but it dces not renect
lssisU!'.ce th.1t will be mlCc aVJ.ilable. All persens shlll be atbiscd md more recent. signirlC:mt changes in housing market cond.iticns. the sur-
e:"ccl.::-J.;ed lo visil the relocltion office for infor.naucn me assistance. vey shJ..l1 t.e upClted or it shlll not be relied upen.
(~)RelocationRecords. Based on informa.ticn obl.J.inedduringthe sur. (2) Woe:.. mcre than 15 households willl:e displlced. survey results
vel' J.!:.c ether sources lS applicJ.ble, the lccll agency shJ.!1 p1:t'J.re and shall be submitted for review to Iccal housing.d.evelopme::l acd pl:u'-'l.ing
mli."ll:ll.1. il::' lcc:urlte relccJticn rcccro for eo.cn ~:sen lo be dispbced. agencies and shJ.ll be compared toothere:tisting infor:n.ltico onbeusin;
Tnt:: r:corC sbJ.!1 conlJ.in a descri~ion of the penment ch;JI:J.c~e:istics of av.:1ilability.
~~e pe~cns to be displ:lCed:md the lSsistance cce:r:.ed to be ne::essar:,... (3) The sur..ey shJ.!1 be updated.lt le.lSllI'_1.uJ...ily.
(b) Toe sur.ey shall be by direct. pe:senJ..l inte:-.iew.e:tce;:;: where reo (b) Toe survey are:!. shlll be rcasonabiy related to lhe displ.1c::ne:J.t
j:e:ll.ed eifons indicate tbalis nO(. possible. \\rben a ~:soncan.:::.ot be inter- are:!. and lo the needs and preferences of the persons to be dispbu:ed.. as
viewed erthe interview does net pro:luce the infor.71aticn tobe obta.ined indicaled in the written :l.nllysis prepared pursuant lC section 6048. Toe
reJson:J.ble efforts shall be mo.d.e to obum the infonnatirn by other survey area shall have relevant ch.:l.facteristics (see subsection 6C08(c))
me:ulS. Eligible persons sbc:uld be encouraged to bring any change in which equal or exceed those of the neigbborhocd from which persens are
their..ed.s 10 the attention ofrelocJtion officials. Tne sur.eysh.J.ll be up- to be displaced.
d:ltec at least annuJ.!ly. (c) A written analysis of relocation housing resources shall be reo
(c) A public entity shlll endeJvortoobl..1.in the fcllowing information: pared in sufficient &tail to enable deterrrjnation of lhe availabiliry f~r
incox::e: whether a pe:sCtl is elderly or handicapped: size of family: age all potential displacees of housing which meets the standards set forth to
ofchilc.ren: lcc:!.tien of job md factors limiting accessibility: arel of pre. the definition ofcompanble replacement housing. Tne informa.tiOnc~n.
ferred relOC:llion: type of unit preferred: ownersbip or tenant preference: ceming hcmeownenbip and rentJ! units shall be provided separaLe. y.
need for social and public services. special schools and olher services: The number of units available sball be ide::aified by cost for eacb SlZ:
eligibilicy ror?Jblidy ilSsisted housing: and wiLh reference to the present category. Resources avJilable to meet the needs of elderly and h:;u:.dl.
dwelli=.g. the re::J.t, the type and quality of constrUction, the number of c:Jpped beuseholds sball be sbowu sez:ararely and shall u:.c1ude infon:na.
/L-f~a;l?
'.
lU:~;..t'17.;-;o. Jj;S-l~'17
~i)l~
BA3.CLAYS C.-\LI?OR.'-H CODE OF REG1:LHIO:-;S
T:::~ :=
)
tic:. ~r. :.:.;: :.'.:=~: cf:.::s .,l".:!b s~c:a.l f.lCiiities ~d :1::e :.It..:~ ci 5:':C:.
f.lc:.1ities.
TJ~ .lC.:1lysis of rescl.:::~s shall ir.clud:: .l.:esc::~ticn cf j:~ tccJ.t:c:..1i
c:J...'"X:.e::s~:C:i ofti:e su.,ey l.;.-eJ.ne:gbi:cr:.ccCsCCt7es?=t.c:.n~ w tte:'e-
qu:.r:=e:.ts at" coc~a.."':lcie ~?bc::=e::::.t hcusing. 1r..for:i:l.2~cn sh.1i! b~
provice.: cc::.c::tillg ~rcx~r:"" to ~rese::.t e~~loya:.e:.t scc~es (wi":: tl:.~
ccc.se::.t ci:l::.e dispLaced ~~cn a pcte::::.tial e:::.ployermay ~ SUOStl!:.:te.:).
ced:cJ.! a::c rec:e:u.icoJ.! fu:.1iues. parks. community cen:.e~. sbo~F...:lg.
tn.CSX'r...lccn;u:d SCJcds. lnict:i:laticn cC1:.ce::ningpro:t=.iry to c6e:
re!ev~t r.ee:es J.I:d :m:e::.it:es is esse::l.ual to e::::.suring th:u resic.e:.ts a.-e :let
U:.c.lpaciuteC by the re!ccJccn and sucl:1 infocnation should also be pro-
vided.
(d) (1) L-nits whic:r.do:::.ct satisfy the standards ofcompL.""lole repiace.
z:::.e::lt bcus~g. iLclud:.ng ~e Icc31:cnal cr..te::a. shall nct be cClmtec as a
relccaticn resource.,
(2) Unccr.Jpieted new ccnsttUcuon or rehabilitation sball nct be in-
cluded in the grass firJr= wess the:e is a substantiallikelibccd that the
ucits will ~ available wee::::. needed md at bcusing or rental costs within
the fm:mcial means of the prospective oc:upants.
(3) In addition to the otbe:requID::nents of this sectico.. the g::oss figure
re:m:sentin2 the oumbc: oflDlits available shall be diSCCUIlted to reflec:
b~th ccccu~...:.t dispiace:::::.e:lt 3J1d the extent to wbicb tu:::.over is re;:~.
se:.ted. Ccr.curre~t displace::::e::lt bytbe federal gcvemmem and its a~en.
c:es. inducing fede::illY-lSsisted pro~~::ts. as well 3S displJ.ceo:.e:.t by
cche:: p.1biic e:.tities sb.!.l be t:l...\en intO account. Turnover is the dyua..::::::ic
cce::"~1t:cn by whicb oc:'Jpar:.cy cb.l.Oges occur within a st..:1.r.ding in ve:ltor"f
o~e: a pe:-iccl of time a.r::d tbeoretic:illy cauld cccur in the comple:.e aO-
se:::.ce of vac:mciess a p:::-sco to pe~cn b;J.Sis. Tee use of rumove:: fcr
relccJ.ticn is nct pe::nissibie. The displacing entiey sball assume that four
~::cent of !be rent.1l and cue pe~e::1t of the ownenhip units wbich tr.eet
the standards of comp:lnble repb.ce::z:entdwellings (see section 8:08(c))
repn:sl!nts turnover. Toe displacing entity sball use a bigbe:- percentage
figure if such figure is more accur.lte. The displacing entiry mJ.Y use.3,
lowe:- fig'Jre if it eSl.J.blisnes thJt the lower figure is 3, more 3,ccu~t.c as-
sumption. .
(4) Publicly ,ub,idized hro,ing. including public bou,ing. sb:lll 00' be,
coonted as a resource unless it re3Sonably can be established that:
(A) Tne units will be available when Deeded:
(B) The governmental body providing the subsidy has made. in writ-
ing. 3. reJ.scnably binding commitmenl of assist:1J1ce: and
(C) Toe unils hJ.ve bee::l inspected and determined to be Cccent. safe
ar.d sanilJ.t'''j and the income ceilings. rent r.mges and age restrictions. if
anv. have been consid::rcd.
'(D)The Dumberofmlits available in the community exceeds the Dum.
ber of households in need of the units. Tois n:quirement may be waived
by the depJ.rtment if the p..Iblic e::::.ulY can establish that such unilS will be
replaced by last resort housing within two years. To establish thall3St reo
sort housing will be developed as required the public entiry must have site
centrol with permissive zoning. preliminary plans and conditional com-
miunents for subsidy and fmJ.Il.cmg or the equivalent. The public entity
aiso must identify ownership.
(e) Uncompleted new canstI'Ucticn or rehabilitaticn which is subsi.
dized by public fur:.ds shall nc< be counted as 3. relocation resource unless
the units are bdng subsidized to provide rela:ation resources.
NOTE; Authority cited: Section 50460. He3.lth and Safety COO~. Refe~nce: Sec.
ticn~ 7260.5 and 726L. Government Code.
HISTORY
1. Amendment of subs.ectioos (~)(1) and (3)(2). comction ofsubsecticn (e) dc:sig-
n"-tCT. ar.d new NOTE rUed 8-12-97; oper31ive 9-11-91 ~z.ister97. No. 33).
~ 6054. Last R060rt Housing.
(0) No eligible person ,hall be required to move from bi, dwelling be-
cause of the action of a public entity unless comparable n::placement
housing is available to him.
(b) If on the basis ofilS survey and analysis ofrelcca.tion needs and re-
sc:u~es a public e::r.tirj cannot determine that comparable replaceme:J.t
hcusl='2 .N:!! e-( lVJ.ibCi~ 15 ;,::.::.:i~c. tte :c=~.: e:.::t:, =:a:, :.ct ;;"o:e~
'N;'''' :u:~( o'o"e c,'o -r-'e-- c' -c.;...... .......;'.;r.. ',l;;":,~:" .,l".:U-S;.;lt:::. .;;,-,' '-.
..... . ... ...... .. "" .- . - ......-... -.-" . .- . '-.. .........
::::e~t ''':l~SS it C";"cvice; s-:.:.c:. :.ccs:.o:.:. (S:~ A:-.:c:e .t) .
(c) lfthe :1c:.i~cf 1 :uclic ~=:.::-..b;' :esuited..:.:s :es;.:!:.:.:.:.!:::c:sd.lc",
r:::.ent ar:.c. coc::a..""'lcie ~::1i:1C:=e;t bcus:n2.:s::ct .1',ailJ.cie ;; ~eec.~d. rte
pubilc e:1t:ry s~.J!l use it~ f-..::::.,:s. cr :ur.cs .1~thor..zecfcr:1:.e :;ro5~::: to ~o-
viCe s-:.:.c:r. bcusi=.3 (see A~-.:.c;e ~). or s::'J.il te::=.i.:.ate or s'Jspe:::.d fur.be.
imple=e::ltJ.ucn cf the proje::: .1c:iv:ty in lc::::r....:l.:.Ce wilb. the previsicns
of seCtiCD 6018.
(d) Te~ccrr.. re!ccaticn ::escurtes U13,V be ::e::ed u'Xc. in t1:e i.nte~
cnly if the 'prov~iCDS of sec:icn &:04 ~ 'sms;1ec. .
~ 60S6. Termination of nelocation Assistance.
A plblic e:HiC:"S re!ocJ.t.:.co cbligJ.ticcs ce.l.Se 'J.t.c!.erd:e follcwi..lg c:;.
cumst.J.I:.ces:
(a) A displaced ~:-3cn moves to il ccmp:u':1bie repiace:::!e::lt dwelling
and receives all assistmce ar.d Fa)ome:1ts to which he is e::nitlec.
(b) Tee displaced pe~CD. tr.oves to sucsu=.d~ housbg. refuses rea.
scnable cffe:s cf additional assistJ.t.ce in movir:.g to a cece:lt. safe .u:d
swta.ry replace:::::.e::lt dwelling and recei'les all payn:.e:us to wbich be is
",titled.
(c) All reJ.ScDable efforts to tr.1ce a pe:-scn bave failed. To e:!Sure that
the action of a. ~blic e::::.ttty cces DC( reduce [be bcosing supply in critical
catesor:.es or Icc31ions. ucsuc:::e:ssful efforts to tr:lce a particuhr dis.
placed person ,h:lll DC' le,se, the obligJtiOD '0 provide I"", resc:: bro,-
in g. (S~e Artic le 4.)
(d) Tee business ccnce::l or farm op:r:l.tion h.lS received all a.ssisunce
and payn::.e::Hs to which it is e~ti!led and bas bee:J. successfully re!CCJtec
or has ceased ope:-:luans.
(e) A perscndisplaced frCT::::..his dwe!ling.. business or fa..-:n refuses re:1..
sonJ.ble offers of assistJr.ce. paymcnLS ar.d compJ.r.1ble replJceme::lt
housing.
~ 6058. Eviction.
(a) Evicticn is pe:missibie only as alasl resort. Il in no W:J.Y affects the
eligibility of evicted dispiJced persons for rclccation payments. RelccJ..
tioD records must be dccume::lled to t'1:nect the specific circumstances
surrounding the e',icticn.
(b) Evictioo shall be uncertJ.ken only forane ormore of !.be following
reascns:
(I) Failure lO pJ.Y rent. except in those cJ.scs where the failure to pay
is due to the lessor's failure to keep the premises in habit.1ble ccr.dilion.
. is the result ofhanssrnent orreuliatory J.ctionoris the result of disconti.
nuation orsubst:mtial inler::-Jption of sct""/ices.
(2) Penorm:u:ce or a dongerro,. iIleg:llac, in the unit.
(3) MateriJ.l brc:J.ch of the rental agreemenl and failure to correct
bre3ch within 30 days of nouce.
(4) Maintenmce of a nuisance and failure to abate within a re3Scnable
time following nc<ice.
(5) Refusal to acce~ Cf'.e of a re3son3ble number of offers of replace.
ment dwelling:s.
(6) The- eviction is required by State or lccallaw and cannol be pre-
vented by feJ.sct1Jble efforts on the part of the PJblic enuty.
~ 6060. Evaluation of Relocation.
(a) A public enlity is eocour:lged toevaluate its relocation program. as.
sessing the quality and quantity of services provided as wen as displacee
satisfacticn.lodelermine the adequacy of program planning and to ascer-
tain whether any persons have been denied the full benefits and services
towbich they are enlilled. Tne evaluation should be based upa1 an annual
orccntinual inspection of files and recoros. case interviews. and io.spec.
tion of replacement hcusing and business and farm replacemenllccations
and discussions with local individuals or organizations familiar with re.
locaticn issues. A writtenevaluar.ion should be pn:pued at least annually.
(b) The me, and reconis of displaced persoos and property owners
shoold be selected at randcm. The review should include any cases that
were identified by previous mcnitoring as requiringcct'n:ctive action aDd
Page268 ,C -7 9-8
L,iau 97. /'00. n. s.-1}-9'7
T;~:c ::
r-~':J.r::r:t:~t. 1)( !-:!;t:.,;i-', 3-,.:1 ;.-r-,:--,,,"';'" C~'e1.~cr.:"'''.: ?-',;.:r-"-"
.l.I . -'_ .._ _ .......___....: ~. ....... ..... ..... ......_
~ .)'>.....)
s:c'.;;: lS:ieSS t:~ ;'.;:~c e:.c.t:,';i F'::~sS i.::. :J...,:.:....:: :~::.;,...e J.C:;C:.
e,::.:. :-e:CC:1.t:c= ~.= ~c~u:s;::cr:. .3.c:.:v::..:es shl."1.::':' =e :::'ie~d b:; tl::.e ~-
V:~'.l..
(~': T:!.~ ~:(.'Cl!.iC:' i.l::lFie shcuic i....:c~ude c~es i.I: ')".:"CJ ~ ~J.:"='~:':S
bo.ve C<~:: c:r::.?ie':ec J.::.C CJ.SeS in wb.ic!J the ?=;:jen:J..'i be~:. c.:s~iac:-:
but ill oJ.'.'1::e:.:S bJ.'ie ::let ve: 'tee:: :::::1.Ce. Tee 5.1..:=:::: shcu!c :r;::vi~ J.
b.J.$:s :;r:.he :-ev~e',J.;e::adet~:::cine nct.::nlywc.e~e:?:.-:::.e::ltS ';e-:::cc:::-
cu:e:. crcce:'~;: J.:.d =:!Ce prccI=<ly. but also w~~~e:'c.ispiac:c ~e::>cr;,s
~c::...~ ~rcce:'::lct.c: of the full ~ge of rellXlt:ec lSStSt.lCC: J.:.C se:'-
v:c:s ~o';hic~ r1e:' l.""'e ~::Hitlec.. Prior..c:' ane::Hicn sheck be give:. toc~e~
La wbic!J. a. g::~vJ.C.c: :':J.S be:::J. flIed or the age:::.cy h.:lS Ce!.e=.:..:.ec. th:lt J.
fC~.:n is iI:.e!ig:ble fcr :elccJ.ucn be:.efits.
(2) T:le J.cquisit.C!:. sample shouid be based en C:!.5es in w::icJ settle.
I::e:lt h3.S bee~ ccn:Fje~d. However. if ~eceSS:JIY to pr:;yide ~ :--:;:r:se:.ta.
tive sa=oie of aC::Juisit:en activities. the revie',I,'e:- sheuld incluc.e i.r:.CCQ-
~le~ ~.:!cticI:.s' i::I which negotiacicns have o.ee:l icitiated.
(c) Afte:the reco~ acd rues have ~eD. reviewed. the revie.,y,;e:-shcu!d
select C:1Ses for furJ::e: evaluation through personal mtervie'J.'s with Cis-
piac:d ~rsC'es a.r:.d.'cro',l,"D.ers :md the inspectien ofocusi:o.g to which pe:-
scns have caved. Tee interviews ;u:d housing inspec:iens should se::ve
belb to sect .:heck the .!Ccur:lCV of tte informJI.icn oi:ta.ined i:o. ~e e:"\.a=.i-
nJ.ticn of the records a=.d files' J.Cd give the revie',";e: J. beaerpersp:ctive
on the age::::.cy's pe::"OruJ.:lI1ce.
Tee oumi:e: JIlc. t"f?= of C:!.5es fer which iI:.Le::"'Iie'J.'s and hOJsi.r:.g in-
sp:c:icns ar"e to be c~ed out sheuld renec: lbe re'l:ewe:-'s judg:::e::t
bJ.Se:' on the icl"or:>:J.t:on be has just re'liewec.. Ge::e~y, J.::1 inte:'iiew
and ir.soectieo sbcu!c. be cacied cuC fer at least C1:e oi every five cases
re['J,'hi~h L1C Gles J.:.C :ccor:.s have bee:1 revie.....ed.. Only wee:": L~e :1Uc:!..
be:cr FCr'SeI:.S disFilc:c. is less thm25 should the CU.=1c.eror ic.ter'/ie.....s
ane!. inspections be less thm 10. In no C:lSe should the numee: of inr.e:.
views :md inspectiens be lower than the lesser of five J.r.d the cumber of
perscns displJ.ced. To th~ extenC pessible. the interviews seC\:ld cove::- J.
rcprese:ltative cress secticn of the types of cases in the ase:.cy's work.
leJ.d: e.g.. re!cx:aticr:. C.:lSes involving fJ.milies of va..;cus sizes as we!las
incividuals ar.d busir.ess conccms (including both owners Jr.d ten:mts).
:mcl acquisition tr~.nsJ.ctions involving resideotiJ.l. commercial and in.
dustrial prope::".ies.
(d) In addition to the" above. the following fJ.ctor:; arc ar.::J.cng those
which should be considered:
(1) Tne effectiveness of efforts to provide re!CX:J.tion scrvic~s to dis-
placed persons. inch.:e!.iog timeliness of notice and correcLCcss of eligibil.
ity deterrnin:uions.
(2) Tne sJ.tisfJ.cticn of relocated families. individuJ.Is aJ:.d business
concerns in tbeir new locJ.tico.s.
(3) The e:tle:lt to which self-moves to subsundJ.rd bcusiog bJ.ve been
minimized.
(.t) The efiective:J.ess of efforts to provide relocltion services to busi.
ness cco.cems. incJud.i..ng counseling services a.c.d SBA loans to aid in
the:.r reestJ.blishme::::t.
(5) Tne prOwpcness of precessing claims ar::.d the :r.:1king of payments.
including tl:::e amcur:LS. delivery. and use of relocatioc pc.yme::::ts.
(6)Tne nurnC:e:ar.d magnitude of rent increJ.Ses following J.cqutsiticn
and displ:1cement.
(7) Tee effectiveness of methcds used to resolve difficulties ex peri-
e:lced by site cccupants.
(8) The effectiveness of the public entity's grievacce prlXedures.
(9) The extent of resident involvement in planning the relccatioo pro-
2.=.
- (10) The effective,ess in assuring equal opportUnity for displaced !>,r.
soos and in reducing patterns of minority-group canceotralioc.
(11) Tne effectiveness of relocation in upgrading the bousing and
overall environmental conditions of persons displaced.
(12) Toe effectiveness of the social service program. including coun-
seling services. iD. helping Iesidents adjust to Ielccation and in helping
solve individual and family problems. .
. (::) T::= =.~~: ~r. ~~~ X::-~:t5 d:.:~ :'<.:1,;5:'::; =.l:":,~: 5('';''..:..-:;; :':-:~
u:::::r:::.e g:'::U;:S c:s;;.1;::~c.
Article 3. F.elocation Payments
~ 6ceo. Furpcse.
T.:.e p~cse d:t:s ..l..:::c:e ~s tose~fer-..= :=~:Yr5 d..3.::c. s~:;.i:.c e~izi_
bilit:-< c:i~::a far. re:ccat:cc payr;:e~ts ~o .::spiacec ~::icr:s. Basic e::;.
bilityccr:.c.:.:icr:.s.l..""'e se:f~r-..: i.nsec::cI:. &:3":'. SpeciEc ccrc:::c-...s ~:l';:"
to ?l=",,:c:J.::lr pay=e::ns a."": desc:ic<c:n b:~: secuer..s. .::
.6082. F.elocation Fayments by Fublic Entity.
A lJubiic e=.ucy shall n:,l.:,e :elccJ.ucn pay=.ents to eren be::.alf of e!i2:i.
bie c.:spb.c:c ?=rscr.s in u::rCJ.C.ce w:t:. l:.C ~o rr.e full e:;::e:.t pe=.ia~
by this Anic:e. Tee obiig.1licns c.es,::ibec ~ this A..-ide l.~ in ac.c:Ual
[0 t.l:.cse i.r:. A:"Jde 6.
. 6084. Easic Eilgibillty Conditions.
A perscnesublisbes basic eIigibilityfcr::!lXltien PJ.::-:::e:.ts ifn~ sat-
isfies the ::ndicicns c.esc:::.ed in sectier::. 603':'. A person wJ:o coves f:co
rea.! prcfC:::Y orwho moves his ~t'Scnal prc~ny frem re:u r-ropeny be-
C.l1,;se he .......:ll be c.isplacec. fr:mothe:re:ll ~r;:~:ty CD. wb.;c~ be cct.duc:.s
a business or fa.::::1 ope~tiClJ. esubiishes e:.igibilicy en tbe bas;s oi tl:e
cove frec such eti:~: prcpe:-:.y cnly fer ~::-=.e:lts oxe F":::3'J3..1.t to ~::.
tien 60%.
.6086. Notice or Intent to Displace.
A p..Ibiic e:::l.t!ty may issue J. written Not:::e of Intent to Displace at my
tir::e after for:-~g 1 rcJ.Scnlble e:ttxc:.J.:':cr;, of acquiring reJ.! prop:ny.
Sue!::! .1 ocr:ce. by establishing eligibiIit), prior to acquisitien. will e:J..!bie
a public e:.tity to respond (0 hJIC:seip 3f.e!. emersiruatieDs.
.608S. Filing of Claims; Submission of Tax Returns.
All c1"':::5 flied with the f'Jblie e,licy shall be submitted withi." ei..".
tee:J. mor.t.'lS of the d..1te on which the c!ai::::lJ.r:t receives f1nJ.! payment fer
the prop::-:.y cr the d.J.te en which he rr:OVe$. whicheve: is bIer. Tne d:s.
p!J.eing erotity J1'l.1y e:tte::d this p:ricd upcn a proper showing of good
Cluse.
E^cept where specific:llly provided ethe:wise a claimant shall coc be
required to submit acopy of his ta:t rctu~ in supporr of a claim forrelc-
Clticn p.:!yments.
9 6090. Actual Reasonable Moving Expensee.
(a) General. A pubiie enticy shall make. payment to adisplaced !>,,,,en
who satisfies the pertinent eligibility requirements of section 6084 a.c.d
the reqUlre::lenlS oftbis section. for actual reasonable expe:J.ses specified
below and subject to the limitaticns set for,b in subsecticn (c) of this sec.
tien for moving himself. his family. business. faI111 oper:lticn orothe: p::-
seI11.l pra~:-:y. In all C:J.Se$ the amOOIlt of a payment shall not exceed the
reasCfl.1ble cost of J.Cccmplishing the activity in cCXl..!J.ec~icn with which
a claim hJ.s been filed.
Toe moving and related expens~s far which claims maybe filed shall
include:
(I) Tr:msporuticn of persons and proye:1Y not to exceed adistJ.r:ce of
50 r:'..iles f.om. the site from which displ.1ced. except whe~ ;-elocatien be.
yond such distance of 50 miles is justified;
(2) Packing. crating. unpacking and u.'"lcra.ting personal pro.rerty:
(3) Such storage of personal property. ror 3. period generally n~ to eX'
ceed 12 months. as determined by the public enlitytobe necessal)' III con.
nection with relocation:
(4) Insurance of !>,rsenal propeny while in storage or tranSit: and
(5) Tne re3Sonable replacement value of property lost. stolen or dan:-
.ged (nol thrcugh the f.ult or negligence of the displaced person. blS
agent. or employee) in the precess of moving.. where insurance covenng
such loss. theft or damage is not reasonably available. .
(6) Tne cost of disconnecting. dismantling. removing: ~asseI11blm~j
reconnecting and reinstalling machinery. equipment or other persona
P"'6e 269
TC-go -13
~,;."'r9'7.No.JJ:J-I~Q'7
~ ~(~~)
B.HCU.'S [,\;"[;:0'-."1.\ CODE OF REGLLHIO"S
T:t:~ :5
cr:C.:";:"/ (:r.c:~c:':'3 ~c<:C~ lr.C ~ve::tcr:.' k:~c fer )Jl~) ::lct lC~U:::::: ';-'
~~ '~u:::"t:c ~:.:..:r::. i=.:::cc=~ :~~c::clJ. c:'J.:;es iI::i:.;;cs~c:::y FUeL!": '..:Si-
u~s t".:r s:.r:.=~ '..:t:1:t:< se:-::::e.
('0) Ac:-.:Jl R~:J.Sco.lCi~ ~!cvb~ E~~~ses-DisFIJCed E.t;si.r.~ss (;:c-
c:::::.s J.C.c FJ.:::l Ofe::l:1c!:.S.
In JCc:t:CI:. to :bese ..:::r::;e:.sabie e:oq:e::I5es set for..b. i.:J. Si.:.osec:.:e::I (a.)
of ~s sec::C!:. 1 d.is~iJCed cusi..c.ess cance~ or far=. cp;:~:':cn ~:: file
:l dal=:1 fer:.!:.e fcUowi=.~ =cving md related e:t~:.ses:
(1) Toe ccs~.Ci~c:ly:-e!.ll.ed todispb.ce=e~tof Il1ceifjing:be ~c:.in-
e:-y. equlp::e:.r. cr cee: pe:s.::nJl pra~r:.y to adapt it to tl::e :epb.ce=e:.c
Icemen crto utilities lvJ.ibble 3,t the repiJCe:nent loc:lticncr:nocif::ing
'the powe: sUFply.
(2) Oai.!:;:s fc::?ay=.e:.c::::.dertl:.is subsecucn shail be subject to d:e fal-
lcwin2.1iI::i~tico.s:
(A)- Re:u:.oursable ccs;:s shall be rea.sctllble in amount.
(B) Toe cas;: cculd Got be avoided orsubsuntially reduced at a.:: lIter-
n.:lle avillabie ar.d suitlbie site to which ct.e business was refe::e::..
(3) Trle ccst cf any lice:.se, ~::nit arce:ti.ricaticn required by a. dis-
piaced bus~ess ccnce:::l to the exte~t such ccst is necessary to tZe rees-
ubiish~e:.t oi its ooeratlco at a oew locaticn.
(4) Toe ;-elScoJbie costcf my professic'C.1l services (including -':uc Dot
lidted to. arthitec:.s., ar::cce)'''S' or e:::lgine:rs' fees. or ccusult~ts.
c!:1:l!'2es) necessJr'j fer ~i'l"'l"li1"lg the move of personal prope:cy, IT.oving
the P;:-sc:.:l! pro~:::"", or~stJ.!bucn of re!oc:lted perscn:1l prop::':"j a.t the
red.:lce~e=~ site.
'(5) \Vbe~ a.."'l it.e::l oi p:rscoal Fa~ny which is used in coc::~::icn
wilb, an..... business or f:1...'"=1 ooer:nicn is not moved but is t'C:)b.ced with a
cOtr.pa~ble itc=1. ~lcburse':Jle:u in Jll amount not to e:tce~d (1) r:.e re-
pbceme:H ccs:. ~us:my net prcceeds received frem its sale. or ('2) the
est:r:.ated ccst of moving. whichever is less.
(c) Adv:mce P:lyu:.e:JlS. A disp1.acoo person may be paid for his JCtici-
pated moving e:tpe:lScs in advance of the actual movc. A public e:::ltity
shall proviee :J.dvac.ce payt::.ent wheDever later p:1yment would result in
ftn.lDcial bl.--r.!ship. PJl'"..lcul.arccnsider:lticn shill be given tolhe fm:ll:.cial
limitations md difficulties experie::lced by low and mederate inCCl:iJ.C per-
scns and sm:lll f:lm1 ar.d business opcr:llions.
(d) The specific provisions ccnt:1.i.ned in this section are not in!.e:J.ded
to preclude a public e::lucy's reliance upon otherrc:lScnable means of ef-
fecting a n::.ove. including contr.lCUng moves and :unnging for :lSsign-
ment of moving e:tpense p:lyments by displaced perscm.
(e) Self-moves. Wilhout documentation of moving expenses ac:uJ.!ly
incurred. a displaced p:rsan electing to self-move. may submit a claim
for his moving e:tpenses to the public entity in an amount not La e~ceed
an 3ccepc.able low bid or an amount acceptable to the displacing e::J.tiry.
(0 Pe~cn:ll Prop::t"'f of Low Value and High Bulk-Business or Farm
Oferation. Vlbere. in the judgmentoflhe public entity. the cost of moving
:1.:1Y hem of pe:-son:1l property of low value and high bulk which is used
in connecticn with any business or farm oper:uion would be dispropor-
tionate in relation to its value. the allowable reimburseme:J.t for the e:t.
pe:::lse of moving such property shall nct e:'tceed the diiference be:ween
the cost of replacing the same wilh a comparable item available en the
market and the amount which would bave been received for such proper-
ty on liquicO-tian. Tois provision may in appropriate siru:llicns be :lpplied
to claims involving the moving of junky:uds. stockpiles. sand. ~:lvel.
mlner.lls. metals and simila.r property.
(g) Do::umenlatic:n in Support of . Oaim.
(1) Ge~eral. Except in the case of adisplaced person conducting a self-
move as provided in subsection (e) above. a claim for a p:lyme::n under
this section shall be supponed bY:l bill orotherevidence ofexpe:lses in-
curn:d. By pre:urangement between the public entity, the site occupant.
and the move:. evidenced in writiDg. the claimant or the mover may pres-
ent an unpaid moving bill to the public entity. and the public entity may
pay the moverdin:ctly.
(2) Business and Farm Operations. E<u:b claim in excess ofS I.ceo for
the costs incurred by a displaced pe:-san for moving his business or farm
C':e::Hlcn i~~ ~ i...:ccc::~d ~:; ;::1::.~:::.:"e '::ies x s;.:c: :.:.;=:~: J.S .l~
r:~:lC:.:.cJl. If ti:~ ~ucli~ .1:::Jc:t:' c:::~e:-;':t::s :.bar. c.::::.;;iiar:c: \.\,..:c.:. :.:e oi.:. ~-
c'Jlre:::".e:J~ is ir:.::r::c:ical cr:.i ~s~::.ates:.n:J.r. r.":C:::H of less :.l::::..-. S ~.C(C
;.~ cecaiz:ed. 3. ~!ai.::i: Il1:lY be: s-..:~!=cr:ed. bv eS:=Jtes i.::l Ee'J cibic.s.
(h) \V'be:leve!' J, pIbue e:.c.:t:; =USt t::ly'd:.e 3C:-":J.i -.:os;: of a::ov::.g J, c.is_
~iJC~d pe:-scn tJ:e costs of sucJ =ove shill i:e ~:-;:;:=!=t f:ce :e:;,.:!:u:on by
the P.Joiic Utilities COcr:lls:iicn a.s pro.....:ced b:; secticn i:6:(e) of tbe
Act. T.1e public e:Jtityt:::.ay scEc:tcct:.~:itive bies :-romqu.ali!1ee 'oidd.e:::i
fcrperfor.:l.:lIlc: oitbe work. Bic.s subcittec ill ~s;::cose tosccj, sdicitJ._
llCllS shill be e:;;e::!.cC frcm~g'..:lJ.t.icn by:.be Public Utilities Cct::..::issicn.
(i)(I) Reesubiis.hme::lt E.'t;;e:.ses. In lCcitic:::. ~a moving e:;;-;e:::i.5e pa:::-
I::.ents. a fan:t. ~cncrcfit org.J.cizmcn cr s~ bus mess af not i::1Ct'e than.
5CO emclavees. sb~l be e:ludec to actll:l!.u::.d rea.scnable :oeestJ,bUscn:.e'"
. . ...,
e:q:e::lses. nct to exceed S lO.CCD.CO. R~s~biis::::.e::lt e:-;:~:.ses shall ~
only these expe:.ses that are re:lSCtlacie ar:.d necessary ar.d ~dude. but
a..'"e not limited to:
(A) Repairs crimprove:::r.ents to the r'CFlace::r:e:::i.t preperty.as requin:d
by FederJl. Sute or local law . cede or ociinl::.ce.
(B) Mcdific3.ucns to the re?iaceme::lt prcpe::.y to accot::..r!:.cCate tl:e
business operaticn or make re?laceme:lt Sl:'~cru:es suitabl~ forccnduct-
ins: the business.
(C) Construction a.c.d install3.tiencasts fcre:t:.e:iorsignbg to adve:tise
the business.
(D) P:ovisicn of utilities from rigbl.......:Jf-w3.Y to imprave:Ile::lts co. the
replace::r:e::lt site.
(E) Rec.ecer:uicn or replace::r.e:1t of soiled or ',110m surfaces at the re.
placement site. such J.S paint. panelling orc:urt~g.
(F) Lice:J.ses. fee:; ar.c pe:::::cits whe:J. oct paid J.S par:. of moving e~-
penses.
(G) Fea.sibilicy sur.eys. soil testing :u::d"m.1..rXeting studies.
(H) Advenise:nent of replace::nent loc:ltion.
(I) Professiooal services in cannecuCtl with lbe purcb:lSe or le:lSe oi a
replaceme:J.t site.
(1) Estimated inc~a.sed costs of op:::1tionduring the first 2 yem 3.t the
replacemeo.t site for such items as:
1. Lea.se or rent.1l charges.
2. Personal or real prop:ny l.1.,es.
3. lnsur:l.Il.ce pre:niums. and
4. Utility charges, excluding impact fees.
(K) Impact fees oron('-time assessments for:tnticipated heavy usage.
(L) Othcr ite:::lS essential to the recst3.blishme:Jl of the busi.c.ess.
(M) For PJrpc'Ses of this subsection the term "small business" shall
mc:m:l busiDess bavingnot mere than 500 employees working 3.t the site
being acquired ordisplaced by 3. progr:un or project, which site is the la-
cO-tien of economic activity. Sites cccupied solely by outdoor advertising
signs. displays. ordeviccs do not qualify :lS a small business for purposes
of this subsection.
(2)Ineligible expenses. Toe following is anonexc1usive listing of rees-
tablishment e:tpenditures noC considereq, to be re3..SOIlable. necessary. or
otherv;ise eligible:
(A) Purchase of capital as,.Is. such as. OmC" furniture. filing cabineIs.
machinery. ortr.J.Ce fixrures.
(B) Purt:hase of manufacturJ1g maten:lls. prcduction supplies. prcd-
uct iDvenLory. orolheritems used in the norm.J.1 ccurse of the busiDess op-
eration.
(C) Interior or exterior refurbishments at the replacement site which
are for ..sthetic purposes. except as provided in paragraph (iX1XE) of
this section.
(D) Interest on moneybcrrowed to make the move or purchase the re-
placement propeny.
(E) Payment to a part-time business in the home which does nOl con-
tribute materially to the hOJsehold income.
NOlE: Authority cited: Section 50460. He31th sod Safety Code. Refer:nce: ~.
tion 7262(4)(4), Government Code.
Page 270
Tc-?J 1-8
R~si""t'17.No. ));!-15-9'1
l:t:'~ :.:
L -:;;;.i;-::;::t::'.~ (ji ;;-:ljt.:.:::;:-., ..l.J.--:~
\_'.l.....;.:.........~..- ::<e.';elcs:l".~;:~ ;7";--:.
- ,
H:s7::~"~
;~~;~;~~:~~~ ~!~~~~'..:;;~::'rl ~::w :--;Ci:; :-::::~ ;""t:-;-; ~-::,,:::'/~'7-; ;-r, ?..:-;.
~ SCS2. AC~:":31 ~ir~t Losses ot Tansii:le rerscnal
FrcFe~y.
(l~ ~:!e::!.!. .J... ;:t.::i~c e=.t:t:: shall :::'J...':.:: J. ?a:.=e::.i.:': .l.:is~iJ.c~c ~::':I:.
w:...: ::iat:s::es :l:.~ e~~;:':~~t:/ re~.u~=e::.u of se-::iCil t.:;.: a::.c. .:.:.is. se-:::~c.
f~" ~-"'J.1 ..::-....lcsses "r em <7'Dle ce:"5.:nal ~r::ce:7" lS 1 :-eso;.:~ C[ :::r:.o":::'!
1.,;. ~.- ":~'-.~' . :;-........... _ ._, ...::>....--;_ .:
e~ .::;).:::r:.~!..!~g J :cs::.ess cr "~ I.,,;~e..:lncn. u:. J.C.. ~cc_: :-~.....---:-e_
c'..::.o:: :u:Ec e:~:r:o:~ ':~ in J.ccOIC.lC.Ce '.ltttb. u.1e prov:s:c:s ct ~":lS sec::c!:..
. (::I) De~e:-,;"":""g ..1..:::.:.:ll Di..-:ct Less cf Prcpe::y. A::-.l:ll Ci:-:c: lcs:> .:i
c.....:-e-. s:"~l1 be c.....--.iT"'ed on the basis ef the less~: cf the fellew::.::
. l.(~) ~Lle ~.:; r:::l:k~ ,,:!..lee of the prcperty fer ccr:ti..:::.:ed use It its !cc;-
tiC- cr..::r to c:sd:!.Ce=e:".
. (:~ Toe esti~J.tec. :::~enJble ccs:s of relccJ.t~g t.~ ?r.::p:::y.
Ti:.e public e:.t~~y =J.y require tbJt the ov.-ner firs~ =a.ke J. 'oem.. fice ~f-
.fer: to sell t1:e :=rcFe::-j crit may pe=cit the O\lo'iJ.er:lct toce so. Toe ~r~
ceecs ~.:ili.z:d frc::l. .:l:l:' sJle of all orpar.. efthe prope:::-I shall be c.educ:.:d
f:cr::. t...1.e ce~::::.izJ.t:Cil of loss. In cl.J.:uIJUng payu:e=~ '..l.Il.Cer .b.is sec:.:cn
tJ::e ~:lScnJ.!::ie cost cf a.'1.effor':: tose!l shall be lcced:o the d.e:::mlnJ.t:cn
of icss.
(c) DCC:l=e:J.tJ.ticc. to Support 00. A c1J.im fer ~3.:-=e:t bere:..:r..c.er
s~J..l! be suppcr.:ec oywrine:J. evide:J.ce oflcss whic~ r::J.~ir.ch..:d.e J.fprais-
.1ls ce;-.:.t:ed. ::r.ces.l::iUs of sJ.le. rece~ptS.c~celledc:ecks. copies of Jd-
ve~..:se:r.e:;.!.S~ oife~ to sell. aucticn re~ords. ar:.d c<b.erre~cr:.s JpFt'c~.>
Jte ~o supper.::r.e c~Ji::l or the public e:J.tiry m:lY ag..-:e JS to tbt: value ci
t:-.t: ~:o!X:-::/ ~~.t in pbce.
~ 609~. Actu,1 Rea.onabla Expan.es In Searching tor a
Replacement 8uslness or Farm.
A dispb.cec. p:':.icn who satisfies the pe:tine:l.te!i;:~ili[y requirerr:.e:lls
of section 6OSO w~lb respect lo :u:ruJ.l rt:J.Son:lble rr:.e":.::g eXp:':J.ses.shall
be eligible forJ pJ.:1r.c::J.t in an OlIIlounteottoexceec S l.CCO. in sCJ.rching
fer J rc?[:u:zmc::.t busincs:> or f.:mn. including cxp::-.ses incurred fec:
(a) Tr:lI1spJr"..J.ucn:
(b) Me:lls md lodging away from home: ,
(c) TIme spe:::..t inseJ...."t:hing. based en the hourlywJ.ge [J.te of the sJbry
or eJ.I::::.in~ oi the displJced person or his rcprcse::H:ttivc: :Jr..d
(d) Fe;s paid to J real est:lte ase::t or broker lO IccJ.tc :t repbc!:~ent
busir.ess or farm.
NOTE; Authority citcd: So:ction 50460. H~:uth md S.:1rc~: Cce.:. Rd~r-:nc:::s.:c.
lien 726'2(.:1)(3). Gove:n;n~nl Code:.
HmURY
1. Amc:-Y.lme:1t orflr:;t par.lgnph md subs.et:tioo ee} :md nr:...... :--;OTE filed a-t 1-97;
ope~:!.ti"'e 9-11-97 (R:glstcr 0/7. No. 33).
~ 6096. Mo~lng Expenaes-Outdoor Ad~e~I.lng
8uslne-sse5.
A displ:u:ed t=erson whoccnducts alawful activity primarily forJ.s"Sisl-
iog in the p.I:;::,;ase. sale. resale. m::mufJcture. prcce~sing. or mJ.rke~g
of prcducts. commodities, personal property. orse~'lces by the erecUon
:l.'1d m:llnt.e:J.:lr.ce oi outdocr advertising displays is entitled to payme:J.t
fer the I"eJ.SCTlJ.ble COSl of moving such displays or theirin-place vJ.lue.
whichever is lesser.
~ 6098. Alternata Payments-Individual. and Families.
A person or family. wbo is displaced from a dwelling and i~ eligible
for a payrr.ent for actuJ.l. reJ.Sonable moving e~ penses under sec Uon 60:0.
may elect to receive and shall be paid. in lieu of such paymenl ~ movmg
e:q;e:J.SI: and dislocation allowance detennined in Jccord~c~ WIth esub-
lished Fede:al Highway Administration scbedules mamt:uned by the
CJIiforniJ. Department ofTransponaticn.
NOTE: Authority cited: Section 50460. H~31th and Safety Code. Refe~nce: &c.
lien 7262(b). Government Cooe.
. HISTORY
1. Amendmenl of s~b~~on (al fa1~d 11-5-76 as an e~el'i~ncy; designated ef.
recuve 11-27-76 (Re;lste'I' 76. No. 44).
:. '~:-"..:i:c::;~ .:f CJ:':~:':'::::::: :::::.! :-: .;....-:-- ,~.:,;:~:.:~ -:--. ~..::. :
_. .;"'":'::::':c~'::::':t.::li ;..:::~:':'::"..1::":' ~::.... :-'-~7! :-:':::~;"": :-;':"; ..::~:-::.t:.::: ~: ;-;':' \....:::;.
Is~~'j-. >-...;. :~;.
~ oiCO. ~Jter:1ate r:3)'i':'ients-8us;r.asses anc r3rm
C pe:ratic ns.
(J1 G~:.~::l!.
(1) A ;:e::;ctl w:.o is c.ij~iJ.c::c :':::c~is ;:i.l.':~ ci:,ust:::.es5 '::-;'.2...'":::.o~:-.l_
l:cn a.r.d is eIis::bie fer pay!:.e:(5 '.l::Ce:' ~:::cns e\:sv. 6:S:2. 6C9~. cr
tC%. XlC. .::=ciies with :':t: =e:;u::e=e:.~s.:; ::.is ;ec:iCJl. =.1:. elec::o~_
c~ive.J.I:.= :i::.::tii be ;la:c. :=-Ue'.l ~f 51.:C!:l ~J.~-=e:t5. J. yay;::;;::.: equal to:be
a"e:-J.9;e ;u::.:;:ll :.e~ ::::u=:.::~:s of d::e Jusir:.ess.:r fJ..r::l eFCr;ll:c:, (out net In-
c:ud;g J. :us:.::es:s lS Ces::~-:bec ~ :ie::::icn ::":96) ~ Ce~e==.:.:.e~ in aC:Or.
c:u:ce w:t: Sl.:ose:::.:ct: (b) telow. e:;.:e~t :':'.1t SUC.J ?y::::e:.: SiJ.:ill ~ not
less mar.. 5 :.CCO ~cr:c.cre:..ba=. S:'O.CCO. F::r~uI"Fcses of:..:.:s s.ectiCIl. the
collar lir::i.tlt:e::. sceci.Eed :..c. t::~ pre~ece se:J.tf::lce s=.~I apply to a
single ous:.:;,ess. re~-Cless cf wb.e~e:- it is .::lr.ied en u::.c.e:-cne er ::::are
le2J.l e:J.tic.es.
-(2) Less of Gocewill. \\'ce:J. ::J:~e::J.t ~de: this sec:ic:: will preceCe
se~tlerc.e:.t oi aC!:U::l iercorJce::lSJ.ticn ier:cs:s ef gocewiil !.:.:.de:the E:n.
me:J.t Dcc.izl LJ.',1I. the ccbli~ e:::..c.ry beic~ :e::;,c~::ingpaY'=e:J.tshall SUre
in writing WCl[ ~r.icn' of the paY't:::~=.t. if a:.y. is c~sic.e::d to be cem.
pe::J.Saticn for less of gocCwill J..LlC shall e~;iJin in writing !.bat any pay-
n:e:J.t mace pursUJ.!:.l to Ccee of Civil P:;:c~ure. Sectic::.s 1263.5 10 ~:
sea. (the E=.i.c.e:t Demain LJ.w. Ceapte:- 9. A..1icle 6-"Compe:J.Saticn
Ce; Less cf GocC'NUl") will be recl.:ced m ~e SJ!i:e J.II:Cl.:.:.t. Tee per-oleo
conside:d to be comcc:".5:ltien fer less of goodwill shJ.ll cet e:;ceed the
diifere:.ce ;;.etwee::l L.~;e p.ly:r:c:tt r.:.J.cc u::.ce:- this scclier:: J!:.c an ar::.eur:.~
which rcJSCUJblv aocroxir:cJ.tes th~ pavu:.e:'lts fer whicJ the dispiJ.ced
perscn c6e~Nise' w~~!c be el.i~blc unclc':- Sec:.iens cOSO.. c';:S1. 6G94. a:::d
6096. FJ.ilutt: to Fovic.e suc:t written stJ.~emc::lt and ex;IJIlaticn shJll
coastirut.e J. ccc.c!usive ir.c.:c:nicn UtJ.t no pcr..ion of the payrr:e::lt is coo.
sidered to be compc:J.sJ.tien for less of gccCwill for the pt.:..-;:<:ses of tbJ.t
portien of the Ccec cf Civil Procecure rcferc::.ccd above. . .
(b) Require::r.c:lts-Businesses. PJ.:mte:.t shJ.1l not b: maCe unde:-thts
sccticn unless the public entity detcrmines th:1t:
(1) Tee business is not opc:-atcd solely for rental purpc:ses and c:.mnot
be relocated without a subsunti.J..lloss of its existing patrccJ.ge. based en
a consic..erJ.tion of all pertinent circumstJ..::ces including s'Jcb fae.tor: as
thc type ofbusir.ess conducted. the nJ.ture of the clientele. the relaU'w'e .1m-
portJ..D.ce lO the displJ.ced business of its pres.c:J.t and proFosed Iccal1on.
J.Ild the avaibbilitv of a suitJble rclccaticn sitc:
(2) Tne busi.c:.es; is not p:lrt of a comrne::t:i.:1l enterprise having no more
than three (3) othe:- esublishn:.c::xts which :lre nol being acquired for a
projecl ar.d wbicJ. is e:J.gJ.gcd in the same or similar busu:':ss. V{he::Jever
the sole remJ.ining facility of a business which hJ.S been c!.isFl:u:ed fron:
its principallocJ.lion:
(A) Has bee:t in oper:tticn for less than rNO years: .
(B) Has had averJ.Cl: annual gross receipts of less th:m 51.ceo dunn~
the two l..1.ubte yeJ.rs- prior to dis'place:ne:H of the mJjor ccmFCne::lt 0
the business: or . tb
(C) Has bad lverat:e annual neteJ.mings oflcss thJJ1 S 1.CCOdunng "
two ta.uble years prior to the displ:u:eme~t of the major ccmpone:tt ~
the business. the rem.1i.oing facility will net be cooside::ec!. ar.otber"esuc
lishmenC' for purposes of this secticn: and
(3) The displaced business: . . the [VI
(A) Had average am1ual gross receipts of at leJ.Sl 55.OCOdunng
t3..1.able ye:us prior to displ:u:emenl: or 1
. . bad 1 r.Un~ of at e:l
(B) Tne dISplaced bus mess average annua net ear. _
S l.COO during the two taxable ye:us prior to displaceme:tt: or f tl
(C) Tae displaced business contributed at least 33 l/3 percent 0 .,
totJ.l. gross income of the. owner{s) during e::ch of.the twO ~1.~~l~~ee
prior to displacement. If tIt any case the PJbhc entIty deu::IDlD
. . d' l' . ofaveraste r
twoyearpencd pnorto ISp acement 15 not representaUve .-
. . . . _I. f ::t'tsentJuve pc
cC'lplS.eanungsorUlcome.n maymaAe use a amon: reI"
ad.
Page 271
rc. -~d--t3
R<:li,,~~'1t.l'lo.):T. &-l~
.) :I~:
BA:<CL.nS c.~I..J..: iH.....,.~ CO Dr: OF RZG1.:LX,:O:-;S
:~t:t: ::
(D ~ ~'::.:: l;-Fi::l::~ .:f::.~ lccve ::-it~:-:l C;:l~S 1.:. :.r:::"~:::::; C::.l.."":-
s~;;.::.1.: :.is;ilC:=;! .!;~~::: =.l:.:.:s.: etbc::-:::::e::'llS ;e=.:::~.:, in ~s. C??~
:",:C6.
(Cl Ce~~===..!c.cc::i Sl.:=ee:- cf BusU:.t:sses.
L: c~~e~g ',l;:e~e:- .:r:.e or mere le;::u e=.tities. :111 cf w:.:c:. :.a"e
b:e=. lC:t.::~~. c.:r:.s:.::-.:.:e ls:..:.g!e busU:.ess, the foilewing :'J.c:cr.; J..::.cng
etl:.e:-s s~1ll ~ c:r:.siCe~:::
(t) T::t: e;-;::e=: to ',J,'b.ic~ t.=e sJ..r::.e pre::nises:u:::.c. equiFI=e=t.Jr.: s~a..~::i.
(1) To.e e~:e=~ to wb.:cb. sucsLlIlual1y iceoticll cr inti:::.lte:y ~~::-e,
1:l.tec.busi.:.ess ft.:i:c:.icns JI': ?Jr'Suedand business:u::.d fin:u::.c:<l! 1ifa.:::; 1:":
c~'Zle::i.
(3) To-e e;-;::e=t to whicb. S"..:cb. e::ltities are beld out to the ?UbEc.l.:.G.:o
tl::.cse c'Jstot!:..ldy .:.e.1l.i.!:.g .,l;lth such entities. as cne busic.ess.
(-l.; Tee e;-;::t:.t to whic:. the SJ.I:!:.e pe:sCll or closely re:.lteC. p::-scos
O\.loil. centrol cr tn~:lge tl:.e affairs of the entities.
(d) Requi::'::I:.er:.ts-Far:::.s. In the case of a f:ir.llOfe:J.ticn.no p.:.-=.eot
shall be m:!.ce u.r:.de: this section unless the public enury dete~es that
the fa::!i. c:et t1:e ;:eftoiticc. of a fa..r:::n ope:J.uon prior to its ac::;uis~ticn. If
the Cispl:1ce:::.e::.t is licited to only part oft.l:e faIi!loperaucn. tl::.e cpe::l,cr
will be coosic!.e~d to bave been displaced frem:l. farm ope:J.ticn if: the
part ta..'ce:l ::I:et the cefLDiticn of a far.:::l ope::':lticn prier to the u.16g and
the laki~g cJ.csed S1JC~ J. substmti::1.l change in the naNre of the: e:-;is::.ng
far::::: o",,,ticn:lS to constitute a displ:lCe:nent.
(e) ReGui..-:~e:lls-NCtl.profit Orgmiuticm. In the CJ.SC ef 3. nenprof-
it or~~J.tiCo.. no pJ.yt:.e::l.t shill be made under this ~ctiCtl. lJ:'Jess the
pubilc e:::tic'f dete:::cines that:
(1) 1";,e ncnprafit org':lciZJuon cannot be reloc:lted wiL.~cut 3. Sl:bs::l..'l-
tiJ.! less of its ex:s.:..:.r"g patrctl:1ge (the term "existing patrt:t:.age" as used
in coc..cec:.ion with a o.CD.?rofit orgmiuucn includes the a:e::tOe:-:ihip.
p::-sons. CC'n'lmu.::llC)'. or clie~tele served or affected by the 3octivit:es of
the ncnorolit or:!:lDizJ.uon): and
(2) Tne ncnp~fit org:l:1iz:1tion is nor a p;1rt of an etlte::prise hJving
more r.hm three (3) ctherest:1biishments nc< being :1Cquired which is en-
g:!.ged i.n lhe S:1.:ne or simil:1r activity.
, (f) Net Earnings. The term "avet"J.ge annual net e:1rnings", as used in
this section me:1!1S one-haif of any net e:lmings of the business or fJrm.
operation. before fedecl and state income tJ.."les. during the rwo (2) tJ.."l-
:1ble years immediately preceding the til.uble YC:lr in which the business
orfann oper::1tion moves from the real property acquired for such project.
or during suchc<.her period as the head of the public entity de~erm.incs to
be more equitable for establishing such e:unings, and incluCes any com.
te~sation paid by the business or farm operation to the owner. his spaus.e
or his depmdents during such period. The term "owner" as used in this
sectico. includes the sole proprietor in il sole proprietor:ihip. the pri.ccipal
p.11"ttlers in .1 partnership. and the principal stockholders of a corpo~tion.
as determined by the public entity. For puq::oses of determining a princi-
pal slockhclcer. stock held by a husband, his wife and their dependent
childre~ shall be treated as one unit.
(g) If a displ::!Ced person who conducts a business or far:n operllion
elects to receive J fixed ~:-I"D:ent underthis section. he shall provide vroof
of his e:J.I:lings from the business or farm ofet"J.tion to the agency can.
cemed. Prcof of c:unings may be established by income ta., re~ms.li-
nmcial stJ.tements ar.d accounting recoros orsimillrevider.ce J.C:::ptable
to the public entity.
NOTE: AUUltt:ty Cild: S~tion 50460. Ho:allh and Safety Cede. Refo:rence: Sec-
tien 7262(c). Govemment Cede.
HISTORY
I. Amo:ndment or subsection (0:)(2) filed 11-5-76 as an emergency: desigruted
effective 11-27-76 (Ro:giste:' 76. No. 44).
2. C:rtifiC:lte of ComplilU1ce rued 2-16-77 (Reg.ister71. No.8).
3. Amendment of subset:tions (a)(l)-(b)(2) and (b)(3)(A). new subsection
(b)(3)(Dl. amendmenl of subsections (e)(2) and (0. and new NOTE filed
8-12-97: opc:r:1tive ~11-97 (Rc:giste:' 97. No. 33).
~ 6102. Replacemant Housing Payments for Homeowners.
(a) General. A public entity shall make Lo a perscn who is displaced
from .1 dwelling and who satisfies the p:'rtinent eligibility ~quiremenlS
cf iie::::c S:S~ ~c:=c: .::.:c.::::t:,,::::.s c( s;,;:~,;::~= J_td::'-:::i ;~(;::"::'..l ;a:"
=t:=: :;:t :0 e:::.:~::d ~ .:-::==cec. :Ctl,! cr 5::.:C': :'cr.
(~;7:e J:':.cc:. if .u:.::. 'oIo':':C:: 'lo':.c:'lc.:ec:.:::= J~::;'!..:;s:::cr:. .::s: Gi:.:~
c'.lIe~:::~ Jc::t::~-: fer:.:e :r:J;~:: e.::-:.:J.ls r.:.e ~2..'ict:.li::e ::::S:. .lS c.e~::-~,
....;..~,.: ;~ "c~' ~-:""c. w:':" ,:u'c.se'-':cn' Ie' c,'.. ----......-.c:e re-i..,-........~.
_'"'" _'" ............... w...... ....". :). .. .........:-.....- , . :" -............._.
c'.1,'eUi:::.:::. Tais ccu::, shJ.!l :.C[ ~;-;:.:~c. :he ci.f:=~::ce: =-e:",I,"ee= ::.e lcct.:i,
s~ticc. ;;ce ci:.:e lc::;.t:i~dcwe:.lin:; l!:.C i.l:e J.C:-':'.!! t=U=-=:'lSe ~ce of'tl::e
re:i.!Ce=er:.r b.'eili:.'!. e;-;:.:et:l w:e~ J :.isobcec ~::;cc.. in rte :::t:'JI:..
s~ce cesc::c-ec. in ~'"!g::1Fh 61C8(:1:(1). is \.lo'Ulmg to use :.te ex:::J.
c:.cr::e:' ~o im~r~ve:.:.e cccciticn cf the ciwe!li.::;.
(2) T.:e amCCL if J.I:.Y, toccn:.p:::lsat.e .the c:s;b.ce::i p::scr. fer Jl:.y in.
C~:lSed. lnte::'es: ccs~. as dete~ed in 3C:c~....'!.:.ce wi~ S"..:bsec:.icn (c).
Ce is ;:1:quired:o ~y fcrf'1nar:.c:.ng t1:e xquisiticncf .:l:epl:1ce=e::.~dwe!l.
i.:.g. T.:e p.:ly=e:~ sl:all ::let be :::'.lC.e tciess the ~'.lFeUing lc::;,uL-ed by tl:.e
public e::.tity WlS e~C'J::::.be::'ec. by 3. bcoa fide =c::pge which was .1 valid
lie:l ct. the dwe:1;"'gfcr:lot less tbJ.n 180 days pr.crto the :citiaticn ofne-
geu3.ticr.s for .lc::;,uisiuen of suc~ dwelling. (Tais tir:::.e r:qu~=e::lt mJ.y
be a:cC.ified iJ:. ac;:oroJ.I:ce with the F1'ovisions cf suosec:icn (b) ce!aw.)
(3) Reasoaabie e:tp:zes. dete~ed in ac==rd.ar.ce with S"Jcsectia:.
(c) of this secticn. ir.curred by the dispbced pe:scn indde::n to the plr-
cb.ase ci the ~:!.lCe=eot dweilir,'z.
(..:) k JCcod~"'ce with secticD 6108. the ccst ci:ebabilit.ati.::1g a dwell-
ing w::cj dces nct sausfy the cece::H, sJIe anc sanita.r:{ staI:d:!--:..
(b) Eigioiliry CccditicDs.
(1) A displJ.C~d p::sco, is eligible forpayme:lt unce::-:.b.is secticn if suc:"
pe::sec:
(A) l3 dispiac:d fr:::r:l J dwelling that is J.Cquired;
(B) EJS Jc;uilly o.....ned .lI'.d ccc~pied such dwelling fernct less tb;u;.
130 cJ.ys prier:o lhe inhiaticn of t:.egetiaucns fer its acquisiticn: :lC.d
(C) p.Jrc;".:lSes ar.d cccupies a re?!Jce::n~t dweUing within ec.e ye:L:
subscquent to the dJte on which he ~ceivcd fmai payment from the pub-
lic er:.:ity of ail costs of the OlCqui.red dwelling or the date co. which be
moves from the acquired dwelling. whichever is later.
(2) If an o\.lolle:"sausfies ill but the 180dayrcquirement ar.d cm esub-
lish to the s:1[isfJction of the public entity that be bought the dwe1.lingwith
thl.: inte::uion of mJ.ki:"1g it his pl:u:c of residence. that the move was not
mc<ivated by a desi~ to receive re!ocJJ.ion assis:.mce and be=.e!i.ts. and
that he neithe: knew nor should have known mal public acquisition was
intended the ?Jbllc e:J.tity may reduce the requirement as necessJ.rj.
(3) \Vhere for reJScns beyond the control of the displaced p:n:cn com-
pleticn of ccc.str'Ucticn. rebabilitation. or re!ocaticn of il replacement
dwelling is delayed be:{ond rile date by which cccup:mcy is required. the
public entity shail dcter:nine the date of OCCUP3Ilcy to be the date the dis-
pl:u:ed person e::He:"S into a ccnt~ct for sucb ccnstIUction. rehabilitation.
or re!ccJ.tion oc fcr the purchase, upon completien. of a dwelling to be
constructed or reb-JbilitJled, if. in f:1ct, the displaced perscn cx:cupies the
replJ.Ce:nent dwelling when the construction or rehabilitation is com-
pleted.
(4) \\'here. for reasons of hardship or circumstances beyond the con-
trol of the displJ.Ced ~rson. such pen:o~ is unable to cx:cupy the replace-
ment dwelling by the required date. the public e::Jtitymayextend the dead-
line:1s necessarj. If by the deadline lhe displJ.Ced person has Cct1tr.lcted
to p.lr-::;,ase a replacement dwelling. the- public entity should e:l:tend the
de:J.dline.
(5) No pe:"Scn ct.1erNise eligible for a payn:.eot under this section or
unde:"section 6104 shall be denied such eligibility as a result of his being
unable. because of a majorst3te ornational disaster. to meet the cccupan-
cy requirements.
(c) Compul..1ticn of Replacement Hoosing Payment.
(1) Cost of Ccmpar:>ble Replacement Dwelling,
(A) In determining the re:lSooable cost of a comparable replacement
dwelling. the public entity ccncemed shall use co.e of the following meth-
ods:
1. Comparative Methcd. On a case-by-case basis by determining the
listing price of dwellings which have been selected by the public entity
Page 272
Ie. - 8"3 -t3
R.Si....,91.N".l:i::s-I~97
T:~~ :=
L-'t;~...J.~ _..t:;_.~ <J'
;-:.,,1....;..- --.- -
.l:.:.'~'::::::: ~~ =":$: ~~::e:':..J.!..:';e dt:~ JC~!..::..~c.'~'~~:":"::3'':'::::~c =~~~
:..':.: .::.::-::...::.:c=..;( '::~:::';':l::.::i.: :'"!;;iJ,c~=~=~ .:.,l,Ie~:i:::; ~e: ':1.:::.= ..;:~-:::c:.
<'5e(3,,'::. \"':::~::e'.'e:- ~s:iici~ :.:.~ ~ist~; ~r:.ce cf at ~e:l.::, :::~~ :';'-~li.::.:s
s;::1.11 t~ =;;:'$:~:-:'C.
.:!. s..::~.;~~e ~[e~cC, w :~:'e :be puoE:: e:.tir:; ce~e=.:.:.e:; :':'.It ::':: ccr::.
c~--:.:.:..'~ =:::.::ce:s :cc :e:lSibie. it :::l:l:; estabiisb. a s.::hec::!e cf :e.!.S,:c.J.c;~
~c='..::s::..:..:::. :~~ rcr::.~ v:l..f.cus tl-pes of CC09:L..'":l.ole ::-:;:ilCe=e:.:-:i',1;e:l.
~~. 1.:- =;;:1::baI:. cr.= =:.cic:; is aCmicis~:'-:..=.g J. ;::ro~:.ec:':J.usU:.gc:.s~lace-
r=,;:.c:=.::e J..'"e:l. it shJlI ccc~!:J.te witb the cthe:-e::J.t:.t.es:.n es~biish~3
J. u.:!.i:.co=. 5.::ec.uie fer:he JIe:l. TJ.e sc::ecule shilll:e b~d cr:. ], C:J.-:e:.t
an:Jlysis cr r.:~ oar:<et to ce~:::1ine J r'eJScnable ccst fer e~c:: ~.~ cf
d',1.le~g:O be ?l=-=hasec. In l.JIge urbm ar.:as tbis .malyS!S :::I:J.:.-::e cec.
flI:.ee.:o:1:e su~a..""e:lfrcm whiCJ pe:-sens m displac~cr::'J.:;c;;::ve:"sev.
e~ c.i:':e~:.tSUc-l..~.lS. if they satisry or exceed the c::~e::a lis::::::' in sut:-
sec:.:.cr. 5CC3(c). TOJ.S:icre the g=e:Hestcompanbility of j',l,'elli=.gs in ac.y
m.1l....sis. tb.e JD.:1lysis sh:lll be divided into classirlcauC!!.s of:.:.e ;:ype cf
con~;.:-...:c:iCtl.. numcc of Cecrcor:J.S. and price r:mges.
3. A:te:=J.tive ~tethcd. Viber: me pucEc enut"fdete~es :.h.lt::::.eithe:-
De sc':.~-:'..!!e. norccm;:3r.luve methoc. is feasible in:l give:l sirJJt!cn. by
tte use oi :Ll'1cu:e:" I'elScc.able methcd.
(B) '.'''-::icbeve:" ::r.e:bcd is selected the cost sh.:1l1 be up:J.tec. to witb.~
tb...-ee J::C!:.U1s of tl:e (bte ef purchase of the replace::r:.e::.t c.we:.E.:J.g.
(2) !:.te:-est PJ.yo=e:.rs. mte:-est payrr.enl5 sball be equ.1l to lhe c.:s.
CCU!:te:. p:sent vJ..!ue of the difference between the a~'2:!'Cg:t~ interest
aocEcJcie to the :u=.cu.r.t oftte pr.ncipal of the mcrtgJge en tb.e acqu1..."'ed
d:.a.:e~g overilS ;1::~J.imngte::n acthe time of 3cquisitict:.. ac.c caen!e:t
se:-/:cc ;cs[s.:u:d the agg:rcgate inte:l:st paid en th~ mcr:gJge co the reo
pbc:::::e:::t dweil:.cg. J.I:d oL.~er c!.ebc s~:-;ice cests. Toe ce:w J.:.d J.Weunl
of the =.ertpge en lb: replJ.ccment dwelling for ptlt"?C5es of ibis PJrJ.-
e.l'":J.cn shJ..!1 be the less.e:" of the n;mJ.ining term md ~eu.::lt of the mert.
S:J.;:: en tb: Jcquireddwelling. or the xwJ..! tcmlJJ1d J.I!l.cunl of the men.
g:J.=~ en the replace::nent dwelling. Toe J.IIl.cunt of me debt sc:-'/ice c~st
witb resp::~ttothe n;pl:1cemencdwellingsball be the lcssc:"o[lhecebcse:-.
vie,: c:::s: based on the cc::;t required fer acomparJ.ole dwelling. or the debt
ser'lic~ ccst based en the JCwal cost of the replaceme::t dwc!liag.
P~~:ud interest or "points" shall i:e considered in the ~~enninJ.ticn
of a\!2!':2a1e inte~st.
r;""cJ.l~ulating the amount of compensation. incre:lScd interest cost
'shall be reduced lodisccunt.cd presc:1t ..,J..!ue using the ~vailing inlerest
rJ.te pid on savings deposits by commerdal bJ.J1ks in the gener:ll area in
wbicJ tbe replJ.ce:nenl dwelling is located.
(3) E.tpenscs Incident to the Purthase of the Replacemenl Dwelling.
PJ;TneOl undenhis section shall include the a."'.:J.ountnecessa.:'j to rcirn.
bur:;e the displJCed perscn foractll.:1l costs incurred by him i.t:.cident to the
putt:~ase of the replacement dwelling. including but not limited to !he fol.
10wbS; legal. closing. 3lld relJ.ted costs including title se~h. prepar.ng
conveYJ.r.ce contnCts. ncury fees, surveys. preparingd.r-J.wings or plats.
:me. charges paid incic!.ent to recortbtion: lender, FHA. V A or similar J.p-
pr:llsal cost: FHA. V A or similar applicJ.tion fee:cost force:tificJ.tien of
st.=',;c:-.1:-:ll scur.dness: credit reportcbarges: charge forownc:"'s md mol..
gJ.:;~~'s evidence or assur:mce of title: escrow ilgent's fee: md sales or
tr.l.-.sfe:- t.1....'(es. pJ.ymenl for any such e:tpenses shall nOI e."li.ceed the
ar::.cu.:<: altributJ.ble to the purchase of a replacement dwelling. Such ex.
pe:..ses shall be teascnable and legally required or customary in the com-
munity.
Re:.mbursement shall not be made under the provisions of this pan..
g.."":l.pn for any fee. cost. charge, or e:tp:nse which is determined to be a
pan ef the debt service or finance chJ.I'ge unde:" Title 1 of the Truth in
u=ding Act (Pub. L. 90-321). and RegulalionZ issued pursuant lbereto
by the Board of Govemors of the Feder.1.l Rr:serve System. Any such sum
shculd be considered in the determinauoo of interest payments.
(d) Multi-family Dwelling. In lbe case ofadisplacedbomeownerwbo
is required to move from a one-family unit of a multi-family building
wbic~ he owns. the replacement housing payment shall be based on the
cost of a comparJ.ble one-family Wlit in a multi-family building of ap-
"'-';~-'l::::'-
J....~...e.:0~1..<...-.. '- --
~:-:."\.=.:!.te::..:::e .i~.~ .:~:.s:~:; =:r::: ::'1::S ::c( .!'.1i!.:!.::~ :"1':1.:::'::':'~ .,;:':.-:;:
.. .. ..... .
:.~::~ :ess .:!e=.s~::;. cr.:l.l =;:C:;:J.::.:.~'::::~-i~":.:..;.::...:.::..: :i~::.1 =~:.:.-:'....
r:::.i:y bUi..i.C.:.::g:5 :.ct J...-!.i.i.lci~. t.':e '::;:;; d .l.:: ':~-:~:-';":$~ .::::;=;::!.::.~i~ 3:.:..::.
ic--il!::.ilv $::-"':C:-":::. -
(el Ov.-:e, Rete=~cr..
(1) If J. ::s:iJc~c. hoc:.~'':\l."7'.e: e:e-::.s to ~~Ji:.. :::cve. :u:: .:c::::.... b:s
c.'.1IeU:.n:!. c::e ~C1.::::.t :avJ.cte :c:.e:i.bs see:..:..:c. ~s:..:~ c.:.ife~::e t:e~'~"'~~
- . . ....~-
.1.... ...........;s,..:....... -..:-. "'r-'!"" ~-....,,'.-,..; ""r"C--' ~"d .:.... ~..-- ~l..;.,e '
........ ......."i...... --:'-'- 1"......... I..; u...;.... .......--:... ....-::' "'. '-".: "".. ~... ~--_... ....... :::::::,cv:::;'3
a.:.c resto~::cc. e:'t::e:::.ses. o:e ccs: el.:c~c:.:=.~:.ece::.t. sa.:e.l:.c. s.:u:.i~..
ce:lcienc:es. U .1::.y.:u:.c the J.c:'U.:l1 ~t:~~:lSe ~r::~ oi J.:cr::.~J.:1cle :elcc;_
t:cn site. A ~ubi.:c e:.uty m:lY limit t:.e PY':::.e:~ :::r.~~ :.:r:c~:- :.~is S'ucse:.
tictl. to the a=,eu::.t of the re?iJ.ce=e::t hCl.:s:.:.g pJ:.-=.e::.t :'c:- w~:cJ. tl:e
hCtLec\.1.-ne:" '",'cu!d ctbe:;'"Nise be eligible.
(2) Toe p:ce::J.t shall net e:tceec. S l.5.C(C.
(f) P:ovisicr.:ti P:lyt:::e::J.t Penc~g Cccce=.:!.Jticn.
Ift.b.e e:;::l,c: count cf a rt:plJ.ce=e::n hcusi:.g payn:.e::Hc:c=.Ct be c..ete:-.
t:lln.ed beC.luse of a pe~ding cCtlCe:Jm.atictl S;Jit. e:e pubEc e:.tity c::n-
cer::.ec. mayti:.J.k: J. provisicnal replace:ne::lt beusing ?aYJ::e::.~ to the cis.
pbced b.cIr.eol,1,~e:- equ:1l to. the Ciifere::ce c.etwee::l tl:e ~t:=lic e:::.dr;'s
t:J....d,mur:l dfer fer the pre~rty ace. the te:lSCtlable cost of J. ccmpa...'":l.bie
~plJCeII:.e::.t dwelling. but only if the hcrr.eo",ne:" e::J.te:-s U:.tO a!l a~e.
c.::1t thJt u;x:n rll1al :ldjudicaricn ei the ccce.e::nnJ.tien suit t1:e re;JI:lC:.
c:.e::J.t housi..::!g paj"meot will be reccc~uted en the basis eiti::.e Jcquisiticn
pr.ce de!e~ed by the ccurt. If the acquisiticn price as de~e;:ciIled by
the coun is ,g:e:1!erthJ.D. the tn:l..tl=um cfferupcn wbich the provisicn:1l
repiace:t:.e::.t housing paytI:.e::lt is based. tl:e diffe:-e::lc: will be ref'~::::.ced
by the hcr::.eo""lle:" to the public entiry. If tbe Jcquisiticn pr:.c: as C.ete:,,-
c:ined by tl:e ccur:. is less tbm the rLlJ..ti..I:J.u=-. ofierupcn w::iCJ t:.e provi-
sional repllCe=e::lt bousing payo:e:::lt is based. the differe::.c: will be ?aid
to the bon:eowr.er.
(g) uase of Condominium. For lbe p',?,ses of this secticn. the 1e,,-,.
ing of a cor.dominium forJ. ~yeJ.r pericC. or forJ. tcr.n whicJ e;'tce:ds
the life e:tpectar.cy of the displJced p::-son J.S deterrnined by the mest re-
cent life ubles in VitJ.l SlJ.ustics of the United StJ.tes. as published bytl::e
Public HeJ.!th St:rvice of the Depanrr:e:1t efHealth. EdUC:lticn acd We!.
fare. shJ.l1 be deemed J. purc:hJSe of the condominium.
NOTE: Authcr.t'1 eited: Sc:c:.ion 50460. Hc::1lth snd SafC:lY Codc:. Rc:fe~:'lc=: $::c-
tioo 7263. Government Cexk
H1Sl'ORY
I. Amendment ofsubseclions (al(l):Uld (al(J) Mid ncow :-';OTE filed 3-12-97: Clp.
erativ~' 9-11-97 (R~'i-ist.:r 97. ~o. J::<l.
~ 6104. Replacement Housing p.yment. for Tenant. .nd
Cartaln Others.
(J.) Ge::1eral.A public entity shall make t03displaced penen wbosJ.tis-
fles the elig.;bility requirements of secticn 608-1 and the cor.citicns oisub-
secticn (b) be!ow. a payment not to e:tceed 55.250 for eit..l::er:
(I) An amcunt. ccmp.lted in accord.mce wilb p=gnFi' (dX I) of lbis
sectien. necessJ.rj to enable such p:rson to lease or I'Cnt a replacerr:.ent
dwelling for J period not to e:tceea 4 yeJrs; or
(1) M amount. ccmputed in Jccord.mce with pangraFh (dX2) oi this
section. necessJ.ry to enable such penon to ma.i<e J. down payment on the
purch:1Se' of J replacement dwelling (including incidentJ.1 e;tpenses de-
scribed in section 6102).
(b) Eligibility Cenditions, .
A displaced. person is eligible for the payments sp:cifled in subsecUCO
(a) if be satisfies the following conditions: .
(1) Has cccupied the dwelling from which he is displaced fora ~~cd
of not less than 50 days priorto the mitialion of negotiation feracquls1ucn
of such dwelling.
(2) Is not eligible to receive a replacement housing payment forhoIT1e~
owners under section 61020relects not to receive such payment. Where
the displaced pet.'Son is the owner-occ:upant of Lbe dwelling.lbe payment
made under paragraph 6104(a)(2) sball not exceed lb. amount of pay-
ment to which the pe~on would be eligible undersecticn 6102.
Page 273
rc-~1-t3
R.:liJlu9'7.:-oo.n5-1$-9'7
~'
~ ,1 :<.()
B.~.?'-~.~:) l...~i.GC;C'1.\ CODE OF ~GcLAT;O:';S
1 :~~e ::
(~) \\~~~::.e..e:, l ;::l'''=~:: l.:::C~: sc:SeC::Cll (l:<:) is s':l.::z.:t :.t;: c.:s.
r'llC..'" -':-~Cll s:il ."',(:.::.: ~e VeJ: frc::::. :1:e 6te d dis::.lC-~::'e:~ "1.:-.
t' ..... w....~ # .,. .
c:J.se ~d cC::.J~Y:l :e~i:lc:=e:.: d'"I,'eUU:.~.
(c) T:~ prcvisia:s i.:. 3;;:sec:icn 6102!.o) fcr;:nce:tying:.:e ccr.c.::icr.s
or e~=:,i1iC'! :llso J.!=~i:.. to:.::.is se:::ien.
(d)-Cc=;:ut:lt:cn cr" Pl:r=e:.t.
(1) R;:::!.J..!s. E:~ce~t fcr;ublicly fw:ced cnnspcr..lucn ;rojec:.s. wbic!:l
s;:J.!! cJ.!c:.:lJ.~ :.e::e:lts ove: ~2 mcntbs. incluCingcet:r:,sJ:":cn fcruti.!i-
ties. ti:e amcUIlt ef pay:::.e:.t necessJry to le:lSe or re::lt a c~pa:Jbie reo
pl:J.ce:::.e:.t dwe!1~g. uncer rubsecticn (J)(l). shall be cC:::::9uted by sub-
trJcting ~ ti:r:es ti:e base: ;:nenthly re:.tJ.l of the dlsplace~ p:~on (as
de:e~ed in :lc:or:JJ:.ce with this subsec:ion). frem 43 ti=es i.b.e ::::cnt!:.-
Iv r'e:J.t:l.i fer aCC'l::.p;1:able ;'e?lace:c.O,t dwelling (as'Ce~~ed in acccr-
dJ..C.ce witi::. this sues.:::::ic:.): P:ovided. that mno C:JSe may SllC~ a.=cunt
e;-;.ceec. the diife:::.ce be::wee:l48 ti.rl:les the base mco.tbly re::lCal as .:.e~:.
mi.::.ed in :lc:ore.mce with this subsection 3.I:.d 43 t~es the ::::::::.cntbly ~.:lt:ll
actually ~quired fer the ~place:l:.e:ltdweHmg occupied by the displaced
fC~cn.
(....) BlSe Mcnrbly Reot.!!. Toe blSe mcethly reatll sball be the !esse~
of the ave::1ge mcnthly rental paid by the displaced FC~on far the
3-mcn~ pe:icci pr.orto initiation ofnegotiaticns cr 25 pe:'Ce:lt of the cis-
pllced P',",co's avet"lge lOcnthly income. (See subsecucn 6CC8( I).)
\Vbere the displaced pe:3Ctl. was the owne: of the dwellicg frem woic::"
he W:1S displace::!. crW,1S nct~quired to pay re:lt [orthatdwe!ling. the e::o-
ectI'jc reat (see SJbsecucn WJ8(b)) shill be used in lieu oi the ave'"ge
mcutblv !'e:Jtal to calculate base monthly I'e:ltal.
(B) Ccmpar.lble Re:Jw. Toe monthly reoul fora comparable replace.
o:e:::lt dwellingshall be t.1e JJ:1ount of rent dete:mined by the public e::u..ic:,
by cne cf the o:etE-ces desc:ibed in paragn.ph 6102(c)(1). ccoside:-:.ng
rcnlJ.1 cJarges 1ns,eJd of listing price or acquisition cost.
(C) \\0 nichever a:ethcd is selected the cost sball be up:aced to within
three mcnths oi the d.1te of rea",l oi the repllcemeet dwelling.
(2) Downpayr:::t~nL Toe downpayment for which a payc::e:lt spedfied
unde: paragraph (aX2) of this section may be made. shall not exceed the
amount of a reJ.ScIlJble downpayme:J.t for the pUI'=base of a compar:lble
replacement dwelling where such purchOlSe is fUlJ.nced. plus exp:nses in.
cide:lt to the pUfClJase of areplacement dwelling computed in accomar.ce
with Section 6102. Tne full amount of a downpayment under this section
shall be applied [0 the purchJ.Se cfthe replacement dwelling and sh:1.ll be
shown cn the- cJcsing statement orotherdccument accept.1ble [0 the pub.
lic entity.
(e) Re:uJl Payme:1ts fer Displaced Owners and Deper:.de:Jts.
(I) Owners. A displaced ownerwbo elects to rent rathe:than pUI'=case
a rcpla.ce:I:.e::ll dweUi.ng and who meets the eligibility conditions speci.
fied in subsection (b) is eligible for the payment spoecified in pang:raph
(.)(1).
(1) Dcpe:1dc:m. A depmdent who is residing separate and ap~ from
the p:rscn or fJ.l:I1ily providing suppan. whether such se?ar.1te residence
is permanent or te:nporary. shall be entitled to payment under this sec.
tion. bu' such p"yc:e,,,hall be limited to the P'ricxl during wb.ich the dis-
placed depe::Jd.e:J.t resides in the replacement dwelling. A[ the time the dis-
placed depende:.t vac:J.tes that dwelling. no funher payment unde: this
secticn shall be made to such p:rson. For the p.iI'JX'Ses of this paragraph
a 'de?=:J.de:J.t" shall be a person who derives fiIty-one perce::llormore of
his income in the form of gifts from any private poerson or any academic
scbolarship orstiP',d. Full-time studeets shall be presumed to be deP"-
dents but may rebut this presumption by demcnstr.Uing that fifty percent
or more of their income is derived from sources other than gifts from
anothe: private pe:scn or academic scholar.;hips or stipends.
Dependents residing with the family of which they are a par:: shall nc<
be entitled to any payment except as a part of the family.
(f) Disbuneme:u. Except where specifically provided otherwise. the
public entity shall have the autborityto disbune payments under this sec-
tion in a lump sum. f1cnthly or at other intervals acceptable to the dis-
pllced 1"'''00.
:--';CT!; Aut.":cr:r:. :::.:d: S~:;C:'l :':~,1. r:;;:::l:.": l.":C S.l:':=~i c..:~..:;;:. ~~{;;:;:::':.:~: ~.::.
:lcr,s i:~(ll .u:.d i:.6.1. GC'f:::':'_~~~: Cx~.
EIs7ca':'
l. ,Jo.r.:e~d:r:::::: cf $u~:::.icr.:i (11. rllCL (.:~(ll. (.:,(:iLJ..J J..":C (J~(:: l.":C i,c',\'
:'\cr:;: ril~ i-i :-97: cpt::":lu\"~~; 1-})'7 (~~;.1s:':~ ,r. ~o. ]]).
.
} 6106. Proration of Payments.
Ford:e pu~cse of ~J.!c:.J!J.t.:lg lC.l1te~Jte !'a:.-=e::t u.:.ce:se-::icn 6CC;S
ora replace::::e:.c hcusi.Jg: pay=e::t ut.C::' sec:iCtl. 6102 or 6[0..:. t.,I,'O Or
cere individuals (w!:e:be::1:e:' 3..'": ~e~C-e~ cf.:c.e fa.:::ily cr:.ct) liv1.n1.':
te'1etl:e:in::u:d :i:.scIJc~c i;:CI:ll s~21e dweUir:.'! shall be :e'1~eC as ct.;
- . - - -
perscn.
V/bere 3. te:'J.llt is shar.nz J sing!e-fa.::::ily dwe!ling with J..ll o\l,-:.e:-cc.
cupaIH and pay-:.:.g: the oWi:le:-x:::J~t ~:.t for <l:.e privilege. t:.e te:lant
shallncr be e:lctled to ~ore tha::lcne-ha!f afti:e :e::t.1.l supple::::.e:t e<be:.
wise payable. Tee O\\-ner-x-:':.:pant s:.all net b< :e-qui..--ec tosh:l!': :.he pay-
me:.t to wbich he is e:J.ut!ed or ac::eFt :1 prar::Lt!d arnct:..::.t.
HIS7CRY
1. Amendment flied 11-$-i6 as U1 e:nc::'g:::.cy: desig:!3Led effective I !-'li-i6
(R:zistc: 76. So. 4-1).
2. e::tifiC3te of Ccmpli.u:ce fiied 2-1~ii (R=g:s:c-:ii. No.8).
} 6108. Condition of Replacement Dwelling.
(l) Wbe, .displ.ced P''"'co qullifies ior a repllCe:I:e~t bcusing p.y.
ment (under 5:Cctico. 6102 cr 6104) by PJrchasmg or Il::lting a tet::1ace-
ment dwelling. the unit. as a gene:::li rute. must be dece:J.t. safe a!:d saci.
tJ..'j'. Taere ar: three e;-;.:e~ticns. Dee is Cescribed in Pa.."'J,graFO
604C(.;(6). ne othe::; =:
(I) If the pU:l:OlSe oi suc; ldweUingis the result of the public e,ti"i's
fJ.ilure to ide:J.tify a reasonable nurnee:- of cCClpar:lble re?laCeme::H
dwellings as required or if the dwellicg is ace to which the pC':SCt1 was
refe::-ed by the public entity. the condition oithe dwelling dccs oct affect
e!..igibility fer a replace::nent housing payment.
(2) If the pU:l:hlSe oi such. dwelling is nO( the result oi a public eati.
ty's re:err:1l or failure to refer. the other',Io'ise eligible person qualifies for
... replacement housing payme:H if the unit is brought into coc:pli~ce
with the decent. safe 3l1d sanlW"f stJ.ndard. In this situation payu:e::1tsh:1.l1
be limited to the amcuot that wculd be provided in conncctioo wirb the
, pUI'=hOlSe of asimilar.comparable re?lace:nent dwelling or the sumofthe
aCNa! costs of acquisition (including related e:'i:p:::lses) and rebabiliu-
tion. whicheve:- is less.
(b) A public entity sball cot induce orencour:lgc a displaced fC:'Scn to
acquire a dwelling which does not SJtisfy the comparable replJcl:'menl
housing st.:lndmJ. (See section 6C08(c).)
~ 6110. Certlflcate of EligibIlIty.
Upon request by adispla.ced horneownerortenant who has cc< yet p.ir-
chased and occupied a replacement dwelling. but who is otherwise eligi.
ble fora replacement housing payment. the public entity conce::ned shall
certify to any interested party. financial icstiruticn. or lending ageocy.
that the displaced homeowner or tenant will be e!..igible for the payment
of 3. spoecific sum ifhe pUI'=hases and occupies a dwelling within the time
limits prescribed.
~ 6112. Manufactured Homes and Mobllehomes.
(a) General. A manufactured home or mobilchome is a dwelling. (See
subsection 6008(g).) A ~rson displacl:'d from a manufactured home or
mobilehome must satisfy the same eligibility requiremenlS and must be
provided the same assistance. assurance and pa)TI1enlS as a person dis-
placed from a ccnventionaJ dwelling.
(b) Moving Expe:J.5es. If a manufactured home or mobilehome is
moved to another site. the displaced person shall be compensated for
moving expenses in accordance with sections 6090 and 6092. The provi.
sions of these sections which generally apply only to businesses and
farms shall also apply to displaced poerscns who move a manufactured
home or mobile home.
(c) Replacement Housing Payments. ,
(t)A P'''OIl WhOOWllS a manuf.cturedhome ormobilehome and sit<
and as a replacement p.1rchases both adwelling and site shall be provided
Page 274
TC -FS--,8
RCJi..u'l7./'lo.ns.-IS-Q'1
. .l...C __
J ::::.:.C!=!:.~ :(:1,;.si..:.; ~:..=~=t i=. l';:::~C~ ',I,':~15eC::Cc. ~ ::::. A ~:-.
S.:":". '.I.":c C;..:.-:.5 1 ::.;l.::~:'!C:'..1r':C J.c:::.~ :;:' =ccile:c=.e J.:.C .i:te .1.-:: JS 1 ~.
;:::..:~=~:.: :::::.5 :Cr..: l':'.I.'e!!i=.::;.l.:.C si::. sb.::tl.1 b: ;;rc....:cec..1 ~J.:--::-.e:.~:..-:
lC: :r:J.:.c: wit.: sec:.:c::. ..) iO~.
(:~ ..1. :=e~.::n w:c :-::.~ 3. .:IlanufJC:-":""":G. b.cr:::t: ora:.coilehcce J.:.G. s:t::".
J.::C.lS J. :-::iJce=e:.t :e:.ts or f:U:-cbJ,Ses ld.,t,,'eUing:u:.: .ii~~. shall ce ;r:-
vic~-:..1 ::a:,-=.e!:t in :lc:::::r::.ao.ce with ~'.::icn 6104.
(3) A '~':scn w~o cv.--;,s 3. ~ufJC:J..::ed hon:e orti:.cbile!J.cc.e:u:.d .ii~e.
lee. JS 1 :-e~i:l.ce-::::.e~: ~:<:JJSes J. dwelling md re:ltS 1 s~te. st.ill be pr;:-
vic~c.1 !;a'.-=.e:J.t in lc:::r:anee with see~ions 610: a:.c 6iO.;!, Tne Cl';-
c:e::t sb.;rl'j:e liIcitec:o the lesser of: . .
(A) T~e ~cu.:::.t necessary to pm:::.ase accnve:::lticr.:ll cC"!::::.;:-a...'"J.b!e:e.
f:ilc:=e:.~ CEufJ.C:ured home and ~cbilehon:.e: <;:r
(B) Tne ac.aunt c.e::ssar:: to pU~=:lSe a replace=e:.t tr:J.::::fac~:ec
hoee ar t::.ciJilehac:e (in accordance with section 6102) pius the a=.cu.::.t
neees:;a..-; to re:J.t a :-e:laceme:J.t site (in accorda.c.ce with section 61C.;!).
In ~:1!C:.1i~ti.;::2 this a.!I:~u::lt. the econocic rent for the site shall be used i.n
lie'J of ave~ge o:.cntl:ly rentJ.! to c!.e~e~e the base =.cntbiy re:.tal (as
prov:ce:! Ln pan:;nph 6104(d;{1)).
(J) A pe::;cn who owns a site froc which he moves a ffiJ.Ilufac:u::d
hcce cr i::J.cbilehor=.e shall be provided J. re~lace:r.e::.t hcusi.ng ~yr::.e~t
u::C::' s.e::J.cn 6102 ifbe purchases a re;Jl1ce::nect sit:: a.c.d ur.ce; seedcn
6:~ if he rents a re::i.u:ement site,
(5) A p:!'Scn wbo OW'D.S a manufacrured horr.e or ::.cbileb.ome whicJ.
is Jcqui~c. :lCd rents t!:e site shall be proviCed payr::.e:J.t as follows:
(A) If a mJ.nufac~red home or a:cbilehoo:.e. as JF~rcFrilte. is OC{
J.'/.:U!abie the arr.cunt required to pu:chase J. ccnvc::.ticnal n:;::l1cerr:.e:.t
dwe!li!:1!. (in ~:orC.JJ:c~ with section 6102):
(B) Tne a."count ct:::essary to purcbJ.Se a re~\J.c:::;"ent n:J.I:.ufact'Jr:d
hcrr.e orrr.cbilehor.:e (in accorJ.ancc w:th section 610'2) pius the 3.mcu:u
n~c:sS:lrj to IclSc. ~:l.tormakc ldown~ayme:ll en:l re;::lace::r.e:;.tsitc (in
accoreJ.r.ce with secticn 6104): or
(C) Ifhe elects to rent a I'Cj:llace:neot OlJIlufacruro;:d hon::.e ar mobile.
home and site. the .amcunt required to do so in accorrlar.cc with sedan
6104.lncalcu!::J.ti.ng this payment. the :lverage monthly rental shall equal
the economic rent forthe ml!1ufactured home ormobiieh~e plus the 3.C-
mal rent for !.be site.
(6) Similar principles sball be applied to o<her pcssible combinaticns
of owne:ship and te::laIlcy upcn which a claim for paymc:1t might be
based.
f';OT'E; Authority cill::d: Section 50460. He:1lth and Safety COOe. Refe~nc::: ~c-
ucns 15007 and 18008. He~th and Sd.!e:y Code:.
HIr.1JRY
I. Amendmc:1tofscction md new :-.lon:flled 8-12-97; ~i3.tive ~t [-97 (Reg.
iSler 9i.No. 33).
~ 6114. Affected Property.
(a)1n addition to the payments requ~d by Section 72620flhe Act (see
secticns 6OSQ, 6092. C094. 6096. 6098 and 6100). as 3.cost of Jcquisition.
the public entity shall m1ke a payment to any affected prop::ty owner
n:eeting the requiretI:ents of this section.
(b) Such affected property is immediately ccmiguous to prope:1Y ac-
quired for airport purposes and the owner shall have owned the property
aifecr.edby acquisition by the p.1blic entity not less than 180 days prior
to the iJJ.itiation of negotiation for acquisition of the OlCquired propen)'.
(c) Such payment. not to exceed fifteen thousand doll::us (515.00J).
sban be lbe amount. if any. whicb equals lbe actual decline in lbe f:Lirmar.
ket value of the pro~rty of the affected property owner caused by the ac-
quisition by lbe public entity for:Lirpon puIJ'OS"s of olber real propeny
and a change in the use of such property.
(d) Toe amount. ifany, of actual decliDe in fairmarket value of affected
property shall be detel1Ilined according to rules and regulations adopted
by the public eotity. Such rules and n:gulaticns shall limit payment under
Ibis section only to such circumstances in which the decline in fairmarl:.et
value of affected property is re:1sonably related to objective physical
cbaoge in the use of acquin:d property.
~~:~.~';'~;~~:~:S~;~~~~~~~:~~~;:":~/~~~~l~~
t:. Jcqui::".: by'~~ ;=ubiic ~=t.::.."
Article 4. Last Resort Housing
~ 6120. Pur;:ose.
Tne pt:..-;:cse cf this ~ is to set Iur"..J ::e ~::te::J :lr.C p-cx:edu.."es Ier
a.ssur..n~ tb.!t i.f:be JC:i.c:. ci a pucEe e:.t:::: results. cr w:Jl n:sult in dis.
pbce:ne=.L a.cd cC1::.;:3.."'Jbie :e?iac~=e:.t bcusin~ wUI nct:-e available:lS
neee.ec.. d::.e ;::u:::iic e::niry sh1l1 use its fu::.cs or fu::c:s :l.l~ti:cr.zed fer the
projec~ to ~ovice s;.:eb bcus~g.
~ 6122. Determination 01 Need lor Last Reso~ HOUSing.
If ClJ the basis oi data d.e:"iveC. froo su....e:."3 :u::.d acalyses which satisfy
tte requi~=e:.ts cf se:::ia:s CO.!8 a.r.d 6C52. d:e pubEc e:.ticy is UIlabie
to Ce:na'C.s~::lte thltcc~?~ble reFb.ce=e:::.t hous:..ng will be available as
~G.uirec. the he:lC. cf the public e:::.ti~. shall Ce~e:::::::..i.ne whetbe: to u~ the
public e:.~ry's f.l!lCs cr tl:e funds authcr.zec for tb~ prcje:t to provice
such necessary reFiace:r.e:.t hcusing or to ::lcdif:.. s;,:sFC::d or terminate
rr.e projec~ ar u:::ce:1a.'<lng.
~ 6124. Development 01 Replacement Housing Plan.
(al Geoe:-al.
(1) Following d:e dete~at:on pur:;;.::u::.t to sec,icn 612:2.. the be.!d of
the displacing ;:ubiie e::lt!ty shall develop orcause to be Ce'le!oped a re.
place:ne::H hcusi.ng pbn to prceuce asufEcie:llnu~beraf ccmpanbie re-
place::r.e!:t dwe1.li.cgs. Tee Fian sh.:ll.l s~::iy how. whe::l :LCd where the
bousingwill be provided. how it will be r1r.J.Cced ar.d the :u:::.cunt of funds
to be: dive:-',~ to such housi.!1g. the j:lrices at which it will be rented orsold
to the f lCilies and individuals to be displaced. the ~ge:::.e:1ts forhous-
ing manage:=CtH and sccial se:-'/ices:lS .1?Ft"opriate. the suitability of the
lccauca .mde:1'1ireno:.ent.al in:pact of the proposed hcusin;. the ~ge-
ments far mai.'1Lllning rc:nt le'/eIs Jppropriate for the p::-sons to be re-
boused. a.c.d the disposiucn af prccceds from rcnl.J.I.sJ.Ic:. or resale of such
housing. If a referendum rcqui~ment or z.cning p-rc:scnts an obstacle. the
issue shall be addressed.
(2) All conlrJ.Cts and subcootr.J.cts for the construction. rehabilitaticc.
or management of last resort hCtlsing shall be let without discrimiDaticn
:lS to nce. sex. mmtal starns. color. re!igicn. national origin. ancestIj' or
other arbitnry circumstlOCe and pursuant to an aifJnIlative action pro-
gr.1m. Toe public entity shall encaUr:lge participation by minority p:r-
scns in allle'le!s of c0n5tn1ction. rehabilil.1tian. pi arming, fwancing and
managen:ent of l:lSt resort hCtlsing. ~~ne::l the hcusmg will be located in
an area of minority ccnce:J.tr.ltion. the p.1blic entity shall seek t~ sec~re
simificant participation of minorities in these activities. Toe public e:J.uty
sh-all ~qu~ that. to the ~Jlest extent fea.sibie. opporrunities fortraining
and employn::.ent arising in coonecticn with the pbnning. constrUction.
rehabilil.J.tien. and operation of l:lSt resort housing be give:l. to perscns of
low incorr.e residinl!. in the m:a of such housing and shall determine and
implement IT.eans t~ s.ecure the p.1rticipatien of small businesses in the
pe:fonna.r:ce of contI:lCts for such wor..;:,
(b) Cilize:J. Participaticn,
(1) If the ceed for last resort housing exceeds 25 units. the bead of the
displacing ?Jblic entity shall establish a committ::t: which will co?s~lt
with and provide advice md :lSsistance to the displacing p.1blic en~ty ~
the development of the plan. The committ::e should include appoUlt.
representatives of the displacing entity and st.1.te and lecal ag~:c.~le~
knowledgeable regarding housing in the ma. including but not 1~JJ1lte
to the lccal housing authority and the centr:J.I relocation agency. If any.
In addition. tl:.ecommitt::e should include representatives ofotherap~o-
priate p.1blic groups (for example. local and areawide planning agenCIes)
and private groups knowledgeabie regarding housing and lbe preblems
of housing discrimination. '
(2) The committee shall include rep~sentatives of the residen~ to bt'
'displaced. Toese representatives may be appointed by the displacUlg en"
Page 275
TC -<i?~ -A
ikCillu'1'I.1'"o.)J;I-Ij-9'7
.'
4 6:26
B,~RCLAYS C.~LI?OR."l.~ CODE OF REGl.LAT;O"S
i. ;::~ :~
t:.<:.;er:!~':~ec :'::;::.e :-:s:e::ts.:lS t::e ~sic.e,::s wis;:. R.:sic.:::.~ :-::::~se,::J.-
tins still. Jt J ==.=~. :::t:.stirute ct:e--;'::~ of tt:.e c::n::.z::i~ee ~e=::~:'-
sb? Veles sb.ll t:~ al.:CCJced so thJt the tct.1l vctes or ~s:ce:t
re~~se~t..1.t:ves s:ill e:;'..:ll cu~half of ti:::e tetal vctes of tt:.e cor::=ir...e~
c::~=be~b.i p.
(3) Tne plJD. t::.t:s~ be J~Foved. by the '1ete of 3, si.rr:.ple JI:.Jjcrity or the
c~t:ee ~e=be:SJic. In the e'lent the ::c~nee fJ.ils to 3,ccrove the
pl~. the k."C:l.\ go"'e~g bcey or. wbe:-e tl:e displaci:1g e:.tit:,'is J s:.ace
a~:'c:/. the heJd or t!:l.e s:.ate agency m.:lY substitute its J~proval.
(c) Ccc.sult..1.ucn with G~e:;, Hcusing Agencies and Orpciuticos.
Toe heJd of the displacing plolic entity may ccnsult or centrac: with
the depar..::c.e:.t. a Icc:l.\D.cusing autharicy. cratherage:.cy crorg:m.iz.lticn
h.1vmg e:;;~rience in tl::.e adminiscraticn orconduc: cfhousing prop::..s
to pTovide tec~c:l1 a.ssist.:!.::c~ and advice in the CevelOFe::lt of the re-
placeme:1t bousing plJ.!l:.
~ 6126. Submission of Plan for Comment.
Toe he,d of the dispi:!C;"g puhlic eodty shill submit the plan and ill
sigcific:mt ar::.e:::.dcents to the Icc31 housing and planning agcIlcies for
ccmmer.t and to :lS5UI!: that the plan :u::::urately reflects hausinl! ccndi-
tiens and needs in the relccatiaD. area.. Reviewing age:::.cies shall-have 30
. clle:ldar dlys following receipt of the plan to prepare their comme:1Cs.
Coeies ofalicommcots ,",,:Ived shill be forw:uded to the coI:llllince and
aV~Jble to ill in~~sted petsoos.
C-eoeral notice of the pian shill be provided. Netice shall be desi o::ed
to rt:lcb. the residc:Jts of the rdcc:1tioo. are::!.: it sball be in accaroaz:ce ;"itb
the provisicas of p:u:!!>"lph 6046(,)(3) and subsection 6046(b): and it
shill ~ provided 3O.days priortasubmissicn to the committee. arme 10-
ell gover.J.iog beey cr he:1d of st:lle 3.gcccy for approval.
NOTE: Aulhocity cited: Se::::.ion S0460. He~hh U'ld S.J!c:ty Cede. Refere:lce: Sc=e-
lions 726oJ.$(3)(5) sr.d 726-l.S. Government Code.
HIS'roRY
1. Amc:ndme:u of fir-a pangr~h md new :-loTE filed 8-12-97: o~r:uive 9-11-97
(Rl:~is~:- rn. ~o. )3).
~ 6128. DeterminatIon by Displacing Public Entity of
Feasibility and Compliance.
Upon receipt mdccnsider.ltion of the comments. the displacing public
entity shall determine whether or not:
(,) The pl:m is fe:!Sible.
(b) The p\JIl complies with applicable environmenul sund3It:!.s and
procedures.
(c) The plan is comp:ltible with the Icc3.1 general plan and bousing ele-
me:J.t and the an:awide bousing pI;m or str.l1egy.
If any of the above dete:minatians by the displacing public entity is
negative the displacing public entity shill revise the plan as necl:ssary.
Subsuntial modificaticos in the plan shill be subrnined for review and
comment as provided in section 6126.lf necessary for timely imple::o.en-
ulian of the plan or l:xecutian of the project. the head of the displacing
public entity may shorten the time allowed in section 6126 forre'liew of
mcxiific:uions.
~ 6130. Implemsntatlon of the Replacement Houaing Plen.
Upon =king the det.e:minOllians required hy sectiao 6128. the head
of the displacing enlity may expend funds and take such other aclions as
necessary to provide. rebabBiUte. orcon.stroct replacement housing pur-
suant to the approved n::placement housing plan through methods includ-
ing but oct limited to the following:
(a) Transfer of funds to sUte and local haJsing agencies.
(b) Ccntract with organizaticns experienced in the development of
housing. .
(c) Direcl ccnstrUction by displacing public entity.
Whene'ler practicable. the bead of the displacing public entity should'
utilize the services of federal. state. or local housing agencies. or other
agencies having exp.::rienc~ in the administration or conduct of similar
housing programs.
'.
l6132. Housing P,ocuc::cn.
T;:e Je.:u: oi iI:e =:s:=iJc~~ ;coEc e:.tr; s;:.iI =cc.i~c..:.te :::c:..;'c~C""
or d:e las: reset: :e1.:s:':'~ to :::::s:..;~ that tt is ~ l'::OrCa::c~ '.,Jo'i~ :r.~ piJ.::~
16134. Jointly Spanscree Development.
\\o"":Je::: seve:J.! a'Ze=6~s a.."': lc::cicis:e~.::.z :"::\Z!"lI!lS re:iulti=..., in res:
denual c.ispl:1Ce:::e;t. o~~cr:'.z..i~~es shall be ;c'u;t [er j~tdeve~ccrr.e~:
and n.::.ar.cing to agg!':g.1le rescurces in ~e:"=~:' emc:e:.dy tJ ~avi~;
repb,c:me:lt bousing in suffic:e:HqUJlltity tosJ.tsfy the 19."z:-:gl~e nee::!.s
or sue!) pra~.
16136. Last Resort Housing In Lieu of Payments.
A plblic e:1ti~ sh:illnct re:;,uL"'l: adisplaced person to acee;:t J.d.....el~z
provided pursu~t to cis Ar'.:c;e :n lieu of the d:splacec p::scn's acquis~:
tion payment. if any. for tl::.e re:l1 proper':'J free which he is disdaced or
the relccatian pyrc.e:m for which he may be eligible. .
16138. Conformity with the Act and Other Statutes,
Policies and Proceeures.
(a) Civil Rights and Othc: Acts. Tne 3droi.cimatian aftbis A.:'..:cle shall
be in accord with the provisicns of all applicl1:ie fed.e:-J.l ar:.d S'-lte ncr.:-
discriminaucn laws az:.d regulations issued pursuant the:era.
(b) Dwelling and Re!cc3tion Stmdards. Dete:miDaucns mace ?Jr-
suant to section 6111 and my piJD. developed ar:.d imple::J.e::lU~d for pro-
viding repbce:r.ent housing a::d all such housing provided tbe~lmde:;,
shall be in conIar;;:1i.ty with t1:e standards establisbed in the Act ar:d
Guidelines.
NOiE; Auu,orilY e:t~c: Se-::.icn 50~. Hii:~lh .1r.d S.tf.:ty Cede. Rc:!e:'::iC:: s.::.
tion 7260.S(c)(4).Govemme~t COC<:.
HISTORY
1. Ame:tdment of subse~ion (3.1 3r.d n~w ~or.:: m-c:c! 3-12-97: ope:'3.u...e 9-11-gi
(Re;isler 97. No. 33).
~ 6139. Last Resort Housing.
(a) W'hencvercompar.J.ble n:placement dwellings are not J.vai1J.ble. or
are not available within the mcneUI)' limits of Govemment Cede sec-
lions 7263 and 7264. as appropriate. the displ3cing 3gency shall provide
addition3.1 or a1te::nJ.uve assistance under the provisions of this part.
(b) The methcds of providing replaceme::lt housing of l:lSt resort in-
clude. but are not lim.ited to:
(1) A rep1J.cement housing payment calculated in accordance with the
provisicns of sections 6 t02 or 6104. as 3pproplJ.te. ev~ if the calcula.
tion is in excess of the monetary limits of Government Code sections
7263 and 7264. A rental :!Ssist.1nce payment under this pansh:lll be paid
to the displaced per.;cn in alump sum. or at the discretico of the displac.
ing 'gency. 55250 sh,lI be paid to the dispbced penon in a lump sum
upon displacement and the remainder of the payments shall be paid to the
displJ.cee in periodic payments overa pericdnot to exceed 48 mcntbsU!!-
less otherwise specified by staNte.
(2) MJ.jarrehabiliuuon of a.cdlaraddilicns to an existing replaceme:lt
dwelling in a sum equallo or greater than the payment to which the dis-
pl:u:ed person is entitled under subsection (b)(1).
(3)Tne canstructicn of a new replaceme:Jt dwelling in a sum equal to
or gre:ltcr than the payment to which the displaced person is entitled un-
der subsecticn (bXI) of this section.
(4) The relccation and. if necessary. ~habi1itation of a dwelling.
(5) The purcb:!Se ofland :mdlor a re placeOle:l1 dwelling by the displac-
ing agency and subsequent sale or lease to. or exchange with a displaced
person.
(6) For purposes of accommodating the needs afhandic'pped penons.
the remav:ll of hanieI'S to the handic,pped.
(c) Only at the discretion of displacing agencies ~ post_acquisiticn
tenants entitled to last ~sort housing payments.
~OTE; Authority cited: Section 50460. He.s1th arxl Safety Code. Referent;::: Sc=c.
lions 7263.7264 and 7264.5. Government Code.
HISTORY
I. New ~tjcn fIled 8-12-97; openLive 9-11-'17 (Register 97. No. 33).
Page 276
fc-g7 -,8
R~&J.-f97.:'-Io.J:kS-I~7i
T..::~ ._
.....':::.:..l.:::;;~;.~ IJ I r:L<L.;.':.....:.:, ...:..;.<...
....,.1..;;::..;:-.1::. L~''-~:C~l..,;;... ., ...;..
P-r;;c;e 5. Grievance Frccecures
~ 61 .::tJ. F~rr::csa.
T:;: :c::cs~ cf :.l:.:s ~.:.c:e ~s ~o se~ fc:"'~ 'Z'..:.ic.eE::.es :'cr =r=C~S3i::.'ll""-
c<:u'- ..~,~..... "'c~;;c .....:~. c..e'''--:::m: aucr.s ..-te "I'''';.CI.':'.. ......< '-c..:, ~t'
. .::. ..w....:' ~_ __...: .~. ...... -. =- 1...:. ~ _ ""-. l..
~ay=~:':. 1.:.:: :'cr ?~C~S3i.n3 J.~pe:J..!s f:-c;:;::J. ;:e:-:;.::c.s J.:;=-:e':e~ j:: J. ?u:Ec
e::.c:,-:'i :.~U!": ~c ~:'~:- :.:.e:J:. ro cctl:c::!..""Jeie p::::o::.J.C.e::.: cr J.de:u:1te te-.
FCr'1~: ::~i:l..:e=~:::' ~ccs~g. P..lblic ~::;.(it:es shill es:J.c:,:s: ~r;:c1.:..;:s~o
im;:i~=e:.[ ttt: r-o'..islcJ:S cf this A..-..:.c:e,
~ 6152. Right ot Review.
(:1) .~y ccc;iai:::!1:.t. tb.:lC is any pe::;cn ';r.'ho be!:eves i:.i:=se!f a:z-
g::ievec by a Ce~e:=.i:.J.r.:cn as to eligibility. the :u:::;.ct:.::.t cf pa:.-:::o:.e::.r. ri"e
f:lllu~ 'af:be pubi.:.c e::.tir:.... to provide ccmpanbie r:::l~e::.t cr lCeq::JJt.e
te=~cr'-.r:; re~bce=e:.t hcusmg or the p.1biic e::.tir:.....s ;:rc~:-:y cl.C..Jge-
u:.e:.t prJc:.ices :I:J.Y.lt his e!e,::icn. bave his clai.r:1 reviewed l.:lC reccn-
slde~d by tbe head cf the public entity or an ;n;thcr.zed cesig::.ee (ctl:.er
Ibm tl:e ~~cn who r:::::.ae.e the Cete~aticn in questicn) in J.c~orC:u:.ce
with tte procec.c:-:s se~ fOr"041 in this ar.ic!e. as supple:ne=ted by the prc<:e-
c.".Jres Ge public e=t:lY shill esublish for such revie',l,' a:.c. re::cc.sic.era-
licIl.
(b) .J.. ~:'Sco. cr cr~::J.cizaticn dire,:~ly affec:ed by tte re!cc::J.ucn pi:m
l.::..1y ~~.:.cn ti:e deya...-..:i:.e:.t to review t1:e fmal re!ccat:c:l pi:m or 3. pueiic
e::til"l tocete~e if tl:e pi~ is in cccoli:mce with su~ IJ.ws a::.c. 'Z'..lice-
li.r.es-cr::eview the iII:.ple=e~tJ.ticnof :l'relocatiOt:. plJ.C. toce~e=-=i..c.; if the
Fuei:c e::u(j" is acti:1g in ccr.lplimce wltb its re!ccJ.ticn plJ.."1, R::vicw U:1.
ce:u.'.:.e::. b~' u:e-'de;:ar.::::.e::.lWlC.erthis se,:~ionsball be:.n ac:cr:.Jl:ce with
the provisions cf scc~:cns 6153.md [IlJ.y be inforID.J1. Befc~ ::cc.duc:.i.:l;
:1..'1 investigaticn. the cepa.:r...xe::H should artet:l;:< to ccr.s:=J..in CiSPULCS ~.
twee:1 p::J.!"..ies.
FJ.ilu~ to pe~iticn lhe dep:m::ne:lt shall not limit acompl::J.~:mc's right
to seek judicial review.
(c) If a relocJ.ticn Jp~J.1s bC:lrcl has been esublished pu::;uJ.n.t to Sec.
tion 33...117.5 oftbe Health.1l1d Safety Code. a city by or....:..n:u:.ce tc.J.y des-
ignate the boartl. to he:lr app:::J.ls frern local public em.ities which do nO(
have:m appeal precess. In the abseoce of such an ordinar.ce. public enti.
ties shill estJ.biish prccecures !oimple::nent the provisicns of this Article.
NOTE; Authority cit.::d: Soection 50460. H!::uth and Safoety Co&. R..:f!::":nc::: $..:c-
lien 7266. Govoe:-nme:-u Ccd~,
HlmJR'{
I, Amc::,:dme:11 of iubsoecuon (b) md new ;-';OTE f11!:d 3-12-97: oP'l=~tive l)-11-97
(R::g.:s~r 'Ii. ~o, 33).
~ 6154. Notltlcatlon to Complainant.
Ifti:e i'ub!ic enutYCe:J.ies orrefusestoconsideracb..i:n.t.he public e:J.ti-
ty"s OClifiCJucn to the complainant of its determinJ.!.ion shJ.ll inform the
comFllin:mt of its re:l.Sons ar.d the apFlic:1ble proced~s forobt.Ucing ":e-'
view of the decision. If necessa.ry. such nc<ification shall be printed in a
language od:e: lhan b.gl.isb in accordance with sectico 6046,
~ 6156. Stages of Review by a Public Entity.
(a) Request for Fur.her Writte:J. lo.formaticn. A cCmpialnJ.!1l may reo
quest lhe pubiic erotit)' to provide him with a full wr.tte:1 explJ.I1J.licn of
its dete:.cinJ.uon:u:d the basis therefore. if he feels mat the e:tplanJ.uon
accompanying the payment of Lbe claim ornotice of the entity's determi-
nation WJ.S incorrect or inadequate. Toe public entity shall provide such
an explanaticn to the complainant within three weeks of its receip. ofbis
request.
(b) InfOrnl:Il Or:Il Presenl.ltion. A complainant may request an infor-
mal oral prese::Haticn before seeking formal review and reconsiderJ.tion:
A request for an informal oral presentation shall be filed within the period
described in subsection (d) of this section. aod within 15 days of the re-
quest the public entity sball afford the complainant the oppornmity to
make such JmSet1ution. Thecomplainant maybe represented by ao attor-
ney or other person of his choosing. This oral presenl.:1tion shJ.ll (nable
the complainant to discuss the claim with the bead of the public entity or
1 :'::~i3=e-: (:r.:e::-:':':':' :.:~ ~:-:;c::. '.1o"::u =~.:~ :.:.= :..::.::.:~ ..:e::':-::i::.:::..::-.
~:~'~Jt~.~~~~~;;~~::::;.C:7;~~;',~~~:~~~~,~~'~~~; ~~ :~:
S~:':.J.t:cn:c ~ :.=.c:t.:c~-:'l$?--: Cl as :I:e. t.:~ :::.!:':::.: :~r:::l.:. ;-e';ic'''' ,-..:
rec':ilsicie"".;ct:. s~..;! "ct ~ ~ccCi';d:..a,.l u:c- :e~'c""'.:_""- ~....l -.-
._h ~__ ... - ... -- ~ -. "': ............=-.........~~-_
W~tt. w
(c) Wr:~e::. R~~:;es: f..:r R~'iie..... J.::G Rec.:c.sic:::-J.:.ic::.. .J..~ a:;,v .;-..
v.:~:t.~ th:~~:~ ~s~c::.~ ~;;::~:::i~ ~::i J. ~c;=;:i";:~: :o.a::' 0~
W..t:.e:!. re:,,:L..es~ ~....r ,C._J.l .,-,.e;ll J.:.c. te_::t..::.,c.er:l.t:cc. T:..e ....or:u::l.:l.:..:.,...
ca... incIUc.~;!'1 ~.. """'ues. for ....'.;ew 3.:.,. ):1,........-. cf :.!C '1.,;',1.,' 7'
" . _ '""'" ... ....": . ... '. : .........--. .. ,....:.-. tt:e
c.:t=plJ.i.nJ.1::'s k::cwie-:g~ cr belief or ace:- =ate~,;l ''\'::C: ::!:ay have a
~:lr'"..c.~ cc. tt.e :J.~pe:1l.lft1:e~ct::..Fi:i.:;.lm re~::esLS :J:.C~ ~e:o gathe:-J..::.c
prepare ae.::.:.ticna! =J.!e::::J..! fcri:C!l.s~Cerat.:c=-cr;e..-i.e..1,' J!:C ~e:o.ClJ.s,=:::.res
a re.1Scnabie oasis :b.c~fcr. tf:.e cccd:1i..!:l.o..:::"s re::J\.:es~ stcu!c. be 2:'J..:::e,.l
(d) TiIr:e Lircit for Req~es~ing R;'/:ew, ..1. c::o'~iJi:::!.c.t cesU-U;g e:~;;
an infcr=l.:U en! pr:se:.t.J.ucn arse:!Cng lfcoal rev~ew ttC recansic.e::J._
tier. shill t:::u.'.::.e a :eques: to tb.e plblic e::ni,y ',1o'ithin e:ghtee= :ncnths fo1.
lowing t1::.e cJ.te he =.oves frem tl:e ;:rope=-:.. cr the 6re he ~ceives Glal
cct::..~:::1sat~cn fcr ti:e pro~::y. whicheve: is bte:,
~ 6158. Formal Review anc Reconsiceration by the Public
Entity.
(a) Ge::.erJ1, Toe p;blic e::.t~cy sbaH cODs:certhe ~qt:esr fcr:eview ace!
shall decic..e whet!::er J mcdificJticn cfits icitial Cete~auon is nec:s.
S:1..ry. T:lis review st:.:1.ll be ccncuc~ed by the heJc cf the pubiic e:1utv or
an authcr.zec. im;;arial des:g:!:ee. (Tae desig:1ee '01J.:' be a comcin"ee).
A c!.esig:r:.ee shall have the .1uchorirf to revise the initiJ.! de:.e::ninacicn or
t1:e de~r:::'..:.n:1t~cn cf a rvious on! prese:lt.:lticn. The p..:b!ic e:Jury shcll
consider every Jgg::eved p.::scn's ccrr.plJ.int reg~less of fcr:n. a.r:d
shall. if aecessary provide J.SsistJ.!':ce to me cb.iI:1J.Ct in pre;;ar.ng the
written claim, ~l:e:J J c1aimar.t seek.:; review. the p..:blic e::::tity sball in-
fcnn him mat he h:l.S the right to be represe::ued by an :lttor:.ey.to pres.e:::n
his CJ.Sc by Or.ll cr dccumentJ.!)' evidence. to submit reoutu! evide:.ce.
to conduc~ such crcss-e:t.1ml.naucn J.S may be rcquin:d for a full and true
disclosure off.1Cts.::u:.d to scekjudicial review once he bJ.S exbJ.usted ad-
r.llnistrativ~ app:ol.
(b) Scope of Revie...... Tne public entity shall revie..... and reconsieer its
initial detcrminaticn of lhe daim:mt"s cJ.S~ in light of:
(i) All mate",l upon which <hc public 'sency b:lSed its origin:Il Coter-
minJtion inclucing aU J.pplicJ.bk.rules and re;u!J.ticns. e:tcct:< thatnoev.
iCe::lce shall be relied upon where a claim:mt hJ.S beell improperly denied
an oppommity to controvert the l:'vicence orcros5-exJ.m.ine the witness.
(2) The reascns given by the cbimJJ1t fcrrequesting review and ['e'Ccn.
sideraticn of the claim.
(3) MV additional wriltcn orre:evmtdCX:'Jmenl.ll". mJ.te:ial submitted
by the cl~rnJ.r.t.' "
(4) Any fur..he:-informJ.uen which the public entity in its discretion.
obtains by request. investig:ltioI1. or resemh. to ensure fair md full reo
view of me claim.
(c) Determinaticn en Review by Public Entity.
(l)The dete:mi.'1Jtion on review by the public entity shall includ..e. but
is not limited to:
(A) Tht' public erotity's decision on reconsiderJtion of the claim.
(B)1be factual and legJ.l basis upon which tbedecisicnrests.including
any pertinent e:tplan:ltion or rationale.
(C) A state:nent to the claimant of the ri2ht to fUMer acministptive
appeal. if the pubiic entity has such an appe~ structure. or if nct. a stale-
ment Lo the claimant that administrative remedies h:lve been e;thausted
and judicial review may be sought.
(2) The determinaticn shall be in writing with a copy provided to the
claim:mt.
(d) Time Limits.
(l)The public entity shall issue its determination of review as sCCO as
possible but no later than 6 weeks from receipt of the last materi3I s.u~.
mitted forccnsideration by the claimant or the datI: orme he:lring. Whlcn-
ever is later.
Page 276_1
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.
~ 616<)
BAR CLAYS CALITOR..'oH CODE OF REG'CLATIO:-;S
T::..:~ 15
(:) to:te elSe or" cc~;:iJ.i::.ts dis~s5ec ;"cr'..:I:tio:::eili:.ess crfer J..::ycc.:.-
e: ~:lScn :let oasec CI: t1:e =e:i.ts of the c!ai.:::L lee: public e=.tity sb,J.E fur-
n.:s:. J ',l..:ir:e:: s:.Jte=e:.t ~o -=e claimant stJ.Ur.g the ~:lSca icrtte Cis=.iss-
::U of r.l::.e c:J.i!:.lS seen as ?CSsible but no lilre:,tban 2 weeks free re:e:~
ci the IJSt II:.J~:ia1 subc:it:ed by the clai::IUnt or the dJ.te: cf the heJ.t..og.
wb.:chevc:- is late:'.
16160. Rafusals to Waiva TIme Limitation.
\Vbeuever a ~ublic euc.ty rejects a request by a claimmt for a waiver
cf tbe time l~ts provieed in section 6088. a claim.mt nuy me :1 wricte:l
~quest fcr~vie'.ll of this c.ecision in acccrd3D.ce with the prccedures set
fcr..b. in sectiens 6156.mc 6158. except that such wrine:J. request forre.
view sball be flied within 90 dJ.ys of the claimmt's recdpt of the public
e:.tity's dete::=ll!laUcn.
16162. Extension o.trime Limits.
Tne time limits specified in Sectien 6156 may be extended for good
C311se by the public e:lticy.
~ 6164. Recommendations by Third Party.
Upon agr.:e::ne::lt betwee:l the claimant and the public e:ltity. a murual~
ly ac:::eptable third party or parties may review the claim and make advi-
ser' l"co=eodalions thel"cn to the beld of the public eotity for its nnal
det~:illi.natiotl. In reviewing the claim and making J;l:ccmme:::tdaticns to
Ill< public eOli,y. the thim pmy or p:>r.ies sball be guided by the provi.
SiCllS of this A!".ide.
E.tCepllo the extc:::tt the ccnfi.denti:ility cfmaterial is prctected by law
or its disclosure is prohibited by law I a public entity sball pe:cit the
c!:W::laD.t to u:spect all flies and records bewg upcn his claim or lhe
prcsecuticn cf the claim311t's grievance. If a claimant is improperly de,
nied access to any relev3llt material bearing on the claim. such material
~y net be relied upon in reviewing the initial determination.
~ 6166. Review of Flies by Clelmant.
Except to the exte::lt the confidentiality of material is prctected by law
or its disclosure is prohibited by law. a public entiey shall permit the
claimant to ins~ct illl files and recoros bewg upcn his clmn or the
prosecution of the claimant's grievJIlce. If a claimant is improperly de,
nied access to any relevant material bearing on the claim. sucb material
IDa)' n~ be relied ufOTl in reviewing the initial determin:ltion.
! 6168. Elfect 01 Determination on Other Persons.
Tne principles established in all determin:ltioos by a public entity shall
be ccoside::ed as precedenl for all eligible persons in similarsicuaticns reo
gU1i!ess of wc.e:.:.e:cr ::.ct 1 ;:-e::i..:n J:lS :ilec 1 '.l.'::::e::. ::~-..:.es: ~'C::e":e'),'
;J1 w~;::.e::l de~e===~tic::s sl:.J.!l be ke::t en me J.:.d 3.vJ.i!:J.bie :'c: ;::uoi..:c
review.
~ 6170. Right to Counsel.
AD.:, .1g:;:1e';e~ P:U::; bJ.S a :ig..~t to represe:':..J.tico by legJ! cr othe:
counsel at his e:t:c::se 3.t ar:.y az:d all stages ofce proceec:.ngs se~ for'~
in these secticns"
~ 6172. Stay 01 Displacement Panding Review.
If acampl~3.!lt seeks to preve::ltdisplace:J:e:.t. the public e:.uty sball
nctrequire the cC"i:::.pl~ant to Clove until ilt le:lSt :0 days aireril has maCe
adete:::cinatico a.c.d the cCtI:.plJinanth3.S bad an cppor:unity toseekjudi.
cial review. In all CJSeS the public entity shill :loufy the c~;=l~a.nt in
writing 20 days prier to the proposed new d.1t.e: of displace:r.e::lL
16174. Joint Complainants.
\\onere more tl:an ~e person is aggrieved by the failure of the public
e:ltiey to refer tbe::l to companble re::".Ul3D.ent or adequ.1te te~pcnry re.
place~ent bcusi..tlg tte complainants may jcin in ruing a single wrinen
request for review . A determi..I:.aticn shall be mac.e bytbe p.lblic entity for
each of the cocpiaiD3!l.ts.
! 6176. Judicial Review.
Nothing in this A!".icle sball in :my way p"clude or limil a clai1:lan1
rrom seeking judicial review of ac1aim upon exhaustion of such acbinis.
tnuve remedies as ~ available w::dertbis Article.
Article 6. Acquisitio.n Policies
f 6180. PU'1'ose.
The purpose of this Article is 10 sct forth lbe practices '0 be followed
with respect to acquisition of real property by a public entiry. Public enti.
tics shall. to the grt:Jt.e:st ext.e:nl pr:1cticablc. be guided by these pr.u:tices.
~ 6182. Acquisition.
<a) A public e:ltity sbaJJ auk< every ",asoaable effon 10 acquil" prop-
tny by negotiaticn and to do so expeditiously.
(b) Before negoti3.tions are initiated (see subsection 6OO8(n)) a public
entilysball:
[Tne next pag: is 277.1
Page 276.2
TC -f?9 -13
Rcli...,r91.1'lQ.)J:&-I}-'17
T;~ e :5
D~;Jar::7.~:::H of EOU5~;::; aod COmr.m:uit:i De'ielopr.:.e:::t F7o~s
~ 5:3:
! : I ::l'/C :"~e ;~~<;::/ 3.p~sc:.. ~v:ng t.1:~ ow~C': ;;;:Jis::;:;::;C::i.:l::'i;:
c~::;:-:;l:d:n 'J,.-:::":"''':~ 3.... oppor:-":l"'.it:1, by r;::lScr.:J.bl.: J.c...::L..":c:: ....-::n::;: ::c.
iie=:. te lC::::=~:U-:: t."-:e lFFf::USC du.":...i.g thl: ~"':sFe:::':'::n or :.."-::: ;:r::F~:::;:
f:~ If me owne:- of r-~ pTop<::-:.y is 3.lso L\.;e owr:.c: of J cl;sir:.e:i.:; ':Ci.-
c.'.:c~i on tr..::,::l1 prcP::1Y to be Jcqui:::i oron tb: :-e=Jinde:. infer::.;-.~
cfh:s :ossibie:ighttccompe:1s::u.:cr. [crlossef gcccwm. T::;: ~t:btic ::-:::.:.
t"l s:-:c'cld ir:dude 3. .:..::py of the pC7'".:.r:C:1t pTOvisions of the E=.:r:e::t Dc.
;,,,,," L,w ICace a(Civil P;oc:dur: So:tians 1230,010" sea.).
(:1 Esubiish ar. ~ount it believes to be just c:c.pe:".SaCon fer :'~e
pr:~c:..}, whic:, 3!::cunt shall. in no event. be less th3..., the pebiic e:1c::;' 5
aFFcved 3.F~niS:ll or the fm mark=: value of the propl:::Y as !c?Tove:i.
IC) T:,e de~.:~:::i."'llccn of just cocpe:1satian shall be bas.::' upen c:n~
sid~tienof:
(1) Tne r::::l1 PrcF~y be:."1g acquired~
(2) Whe~: me re:l1 prope:1:Y acquired is panofala:ge:par'::':::. the ~ju.
r.. if anY. to the r;:~:1.inde-:; lI1d
. '(3) L~ss of good',J,'ill. whe:e the: ownc:: of the r::l1 pro pc:::; is also t.L:e
owne: of a business conducted upon t..~e propc:::1:Y to be lcqui.",,::i cr 0:". :'~e
r::=:Jir.ce:-and whe~ the provisions of the Emine~t Domlin UW pe:-..:lir..
ing to compensation for loss of goodwill are satisfied.. Gaoci'J.':J.l cons~sl.3
of t..~e b~:ieEts thlt lCc:1Je to a business as a result of its locat:on. r::?l.::.J.
tion for dep-:ndlbilit;/, skill or quality, and any othe: cirt::J.::::sr.J.nc::s re.
sdc.:ig in p-obable r::~e::.tion of old or acquisition of new pat:'cnage,
(Co) A.i scan as pessible aEte: the amount of just cOwp<:isa:..:cn is e:>ub.
lishe:.. the public e:1tity shill offe: to acquire the prepc:::1:Y fer the fu!l
ar:::ount so est:1blisned and shall provide the owne: with a .",.....-ir:te:1 SUl:.
me:1l of the basis for determination of just compe:1sation. The st.1te=e:':t
shill indude wihe following:
(1) A ge:1e:J.i S:.:ltc::nent of the public use for whic~ the prcpe:-r.y is to
be lcquired.
III A description of the location:lI1d e:ttent or the prcpe:ty to be tl.k:::1.
with sufficic:1l dewl for rcason:lble identification, and the irne;-est to be
acquired.
(3) Ail inve:nory identifying the buildings. strucmr;s. fl.'ttures. a.:id .
othe: iII::prove:nents.
(4) A recital of the amount of the offer and a st:lte:ne:1t that such
amount:
(A) Is the fulllmount bc:!ie'led by the public entilY to be justcompensa.
tion for the prope:1:Y taken;
(B) Is not less than the approved apprais:l1 of thc f:lir tt::.:lrke: v:tlue of
tr,e propc:t.y as i.1:1prQved~
(el Disregards any decrease or increase in the fair mme: value of the
n::3.1 property to be acquired prior to the date of valuation c:J.uscd by the
public improvemcnl for which the property is La be 3cqui.r::d for such pub.
lic improvemc:ll. other than that due: to physical de:e:ior.l.tion within the
f'C:lson:J.ble control of the owne: or occupant~ and
(OJ Does not reflect any conside:ation of or3.1lowanc: for any re!oca.
tion assistance and payments orothe:- benefits which the owne:is entitled
to receive under an agreement with the public entity. except for an
at::.ount to compensate the owner for that portion of loss of goodwill pro.
vic::d in accordance with Section 6100.
(5) [[the real property is a portion of a larger pa.rc:e!. the stJtement shill
include an appor..ionment of the total estimltedjust compensation for the
pr..iJ.1 acquisition between the value of the property be:ng taken and the
amount of d:1IDage. if any, to the remainder of the: larger parcel from
which such property is taken.
(6) If the owner of the real propeny to be acquired is also the owner
of a business conducted upon the property or the remainde:, the: statement
shall include an indication of the amount of compensation for loss of
goodwill.
(e) At the initiation of negotiations (see subsection 6oo8(n)) a public
entity shall provide written notification to the ownc: of a business con.
ducted on the re3.1 property to be acquired oron the remainder, who is not
also the owne: of the real property, concerning his possible right to com.
pe:1sation for loss of goodwi4. The public entity should include a copy
c( t.~~ ;c;.:::c:-:t ~visicr.5 or the F-;,,:~::: C<:~:; ~'J,' :CX:: cf C:v:.i
P7c~:dl.:..-:: S.c:~:..icn ~~~o.o.~o::~ ,S::5')' . . .~ .
f t) ( 1\1: l:::::::C:::~Vl:1g :''':e pucu:: e:1l:.t:: 5 cr:e:- :..::e ,J1,l.':::::-:~t:r:::;t5 J.d-
diti.anal ir.~'cr=:J.tian ::-:~J.:::.:.r:.g t.,;e-c.e:.:=::at:cn 0,' just ':c:::'~~:1sJ.iicn.
1....e ~ubiic :~iiry shill pro",!ct: :.r.L:e fcllowi:1~ ~"'!tcr::l:u..:cn:c :::: c::tte::r tb.::J.t
ti':e c.ete:=..i:-.ar:on er jus. ,:cc?C:ls:lt.icn is ~~d the:::::::
fA) T::~ be:: of valuat..:cn used..
(B) The ::ignest ar.d best use oithe r~<::::'.
Ie) T:-:.e applic:lbie zcr..~ng.
ID) Id..:-::t:iic3.oon of sa!::e efthe so.!es. ccnt.-a.C:3 to 3eH :l.-:d. pur.:;;ase
a.-;,d le::lSes sUPp<lr:ing the dete;-~aticn cf vah.1e. '
(El If t.e prop<:::y is a pcr'.ion of a la.rg;::, pa:-=:!. a ce:;...-::prian of the
la:3e: pr::.::!. with suffic:e~t de~l for i'e::lScnable ice:1tiEr;:l.t:on.
(2) WiL'" r:sF~c: to e:lc:: sale. conl:":lCt. or !eJ.Se pro,,'ice:::. in 3.c;:or~:!..:',c::
with (1 )(D) above. the following dau shou!d be prov:de:.:
(A) Tne nar:r::.es and business or resic!e:-.c: add..~s;es. if J:.::own. of the
FJ.I1ies to t.i.e tr.lnsaction.
(E) T:'l.e lcc:ltion of the prope:">.Y subje::: to the t.."'3.!1sac:.:cn.
(C) Tn~ date oftrJ..nsactian.
(D) 1::e pice and o&.e: significant tc::::.s and c:."";:.:.::::.sU",,,:ces or the
t."'3.I1sactier.. if k..'10wn. l'l lieu of suting the olhe: te:::i:l3 and circ:.u::u.
st:J.n::es. L~e public e:'1.tity [IllY. if the doc:.:.r::.e:1t is available :orinspe:::ian.
SUte the pbce whe:-:: and the: times when it is available fer inspe:::ian.
(3) Tne ::-:qui.r:::::!.ents ofws subsecticn co not appiy to requests I:::3.de
afte: an e=.inent dom:J..in proc.:eding is coc:r:::.encd.
(g) ~-ne:;e'le:ap;mofaparce! ofprope:::1 is to be lcqui."d byapub!ic
e:1tity for;:ublic use l1ld the :-::::1:J.inde::.ar l per.ionofthe~e=ainde:-, will
be left in such size. sh:J.pe or condition 15 to constitute an uneconoc.ic
re:IU1anl t.1e public e:1tity shall offer to acquire the re::J.r.ant if the owne:
so desires. For the purposes of these Eiuide!ines an "uneconomic reo-
nant" shall be 3. part:e! of real propcrty in which the owne:~:ains an inte:.
est a!tc:-prtialacquisition of his property and which has lirtle orno utility
or value to such owner. (Nothing in this subsection is inte:1ded to limit
a public entity's authoriry to acquire real property.)
(h) Not..i.ing in this section shall be construed to deprive a tenant of the
right to obtain payment for his property interest as othe:-.vise provided by
law.
(i) (1) P:i.or to comroeno:m.enr of an e:nment dOl.oa.in proceeding the
public e:1tity shill make reasonable efforts to discuss with the owner its
. offer to purchase the owner's real property. The owne: shall be given a
rcason;!,bie opportunity to prescnt material which he believes to be rele-
vant as to the question of value and to suggest modification in the pro.
posed te::::::J.S and conditions of the: purchase. and the public entity shall
carefullv consider the owner's presentation,
(2) Prior to commencement of an eminent domain proceeding. if the
evidence presented by an owner or a mal.t::ial change in the characl.t:: or
condition of the property indicates the nl:(:d for a new appraisal or if a sig.
nificl1lt deby has occurred since the determination of just compensation.
the public entity shall have its lPpraisal updated. !fa modification in the
public e:1r;ty's deter::nination of just compensation is w3.!T'J.Il.ted. ar: ap-
propriate price adjustment shall be made and the new 3..II!ount dete:I!llned
to be just compensation shall be promptly offered in writing to the owne:.
Li) (1) In no event shall the public entity eilher a.dvance the time of con-
demnation. ordder negotiations orconde:nnation on the depositOffun.ds
in coun for the use of the owner. or take anv other action coercive orIDJS.
leading in nature, in order to compel or induce an a~:ment on the price:
to be paid for the propc::ty.
(2) If any interest in property is to be acquired by exe:cise ofIhc pawe:
of eminent domain. the public entity shall promptly institute fOIIO~ con-
demnation proceedings. No public entity shall intentionally make It n~'
essar:l for an owner to institute legal proceedings to prove the fact of e
taking of this n:aJ property.
Page 277
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[.\-1.90)
S 61S-:
BARCLAYS CALIFOR:-;l.-\ CODE OF REGCLATIO:-;S
T:t:~ 15
16184. Noties of Decision to Apprnise.
T:....: ::lubE:: ::-.ct:' shill prcvic.:: to....: Qwr.e:" ',l.,:th ',1,-r.t:::1. :':.c~:c: or it3 .:e-
:::3:00;C J.:::::-:l.is: &.c: ~~ ?~p::-:y 3.S soon 15 possibie :me:- :..":e decisicn
(0 J.ccrJ.i~ ~:lS bee:", r-~c::e:i. Tne notic: sh:1ll sure, :lS 3. c::.::.~um. th:lt:
(;i A sccdfic 3..-::1 is being conside~d fer 3. par..ic:..:br public use~
(b) r:,c:' 0\10"::'::' S ?rcp~.:1 h:lS be:::1 det~......ir:d to be: toc~::i ',1,.jtb:: :.he
U::l.: and
{el Tne owr.c' s prop<:;.:y. whic!l shill be generally desc::ce:d.. Ir.:J.Y be
acquired in corJ1ccticn wit..' the public us.:.
S 6186. Time of Offer.
Tne public e::.tity shill !D:L~: its fIrst \l,:nne:1 affe.as scon3S pr:1ctic~ble
following se':"';ic.: of the ~otic: of Decision to Appr.l.ise. (See section
6134.1
S 6188. Notice of Land Aoquisition Prooedures.
l3.) At the tir::lc the pubiic C:1Uty notifies an own::- of its decision to ap-
pcise tl::U propc:::;y it shall furnish the owne:' a wntte:l explanation of its
land acquisition prcc::d~s. describing in non-~chnicJ.l. unde:st:md-
able l.I:~s the public e:1tity's acquisition procedures and the princ:pal
rights:l!ld options available to the owne:'.
(b) Tne no tic: shall include the: following:
(1) A des.::.:pcion orthe basic objective afthe public e:-:uty's land ac-
quisition prog:-:u::::: and a refe:e:1ce to the availability ofthe public e:1tity's
st.3.te::ne:lt cove:i.1g rdoc:ltion be:-:efir.s for which an owne:-occupant
en:1Y be e!ig;ble~
(2) A sUte:::.e:1t that the owne:- or his representative designated in writ-
ing shall be give:1 the opportunity to accompany e:lch apFT"3.isc: during
his inspection of the property.
(3) A state:JJe:'1t thatiftbe acquisition of any partof real FfOPCrty would
IC:1ve the owne: with an uneconomic ~:nn:1tlt as de[med in subsection
6132(g) thl: public e:1uty will offe: to acquire the une::or.omic re::n.nant~
if the ownc:: so desires~
(4) A state:ne:1t that if the owne:is nOlsatisfied with the public entity's
offer of just compe:1sation he will be given a re:l.Sonable opportunity to
presc:1t relevant mate:ial, whic:h the public e:1tity will c3l"efully cons ide:,
and that if a voluntary agn:e:nent C:1MOt be re:lc:hed the public: enlity. as
soon as possible, will e~ther institute a formal c:ondemnation proceding
ag:linst the prope:ty or abandon its intention to ac:qurn: the property. giv-
ing nOlic:e of the lane: as provided in sec:tion 6190.
(5) A stateme:1t that const:rUction or development or a project sh:1.l1 be
so scheduled that no person lawfully occupying re:1l property shall be re-
quired to move from a dwelling (assuming a replacement dwelling as~.
quired by these Guidelines will be available) or [0 move his business or
far.o. opc:-Jtion without at least 90 days wrirten notice from the public en-
tity of the date by which the move is required~ and
(6) A state:ne:1t that. if arrangements are made to rent the propc:"iY to
an owne: or his tenant far a short term or for a period subjec: to termina-
tion by the public e:1tity on short notice. the rental will not exceed the less-
e:- of the fairre:1ul value of the property to short t.c:m oc::upie:or the pro
r.lL:l portion of the fair rent:1l value for a typical rent:1..l pe:iod.
If the owne:- or tenant is an occ:upant of a dwelling. the re:1tal for the
dwe!lin~ shall be wilhin his financbJ. means. (See subsection 6OO8(c).)
~ 6190. Notice of Publio Entity's Deolslon Not to Acquire.
Whene'VC' a public: entity which has forwarded a Notice of Decision
to Appraise or has made a rum offer subsequently decides not to acquire
the property, the pubiic entity shall serve a notice in writing on the owner.
all persons occupying the prope:ty and all other persons potentially eligi-
ble for relocation payments and assistance. This notice shall state that the
public entity has decided not to acquire the property. It shall be: served not
later than 10 days following the date of the public entity decision not to
acquire:.
16192. Inclcenbl E-<?,nses.
If the :'eal proPC:-:::1 is 3C~uir::d 'oy ~l:::::::J.Se. t::: ~ublic e:-:t:t? s::i.! ;::J.Y
all.::lSona.bic: e:tpe:-:ses :r.c:c.e:-:t to tn!:sfe:. A=.cr.~ to:e e;'(.pc:::s.-:~ :"::qci:.
ing payme:1t ar:: reccrc.:,:'g fees. ~.s::: ~::s 3.r.c, s:.c.il:3.r e:tr:-:~3 ir.c:_
c.e:'lt to the c:::nveyar.c:: of re:ll proPC:::/. and t..i.e pro rlL:l pc.......:cn of
cha:!es fer pubiic se:-vic: such as ""lte:. sew3ge ar.d tnsh c.:i:e:::ion
which are allow:lble to a ~...:cd subseql.:::'H to the date oftn.nsf:: crtitle
to t..i.e public e:1tity or tr.~ e!fecdve d:lu: of poss.::sslon of suc;, ?:'Cpe:-::y
by the public e::t:ty. whiche'/e: is erEe:,,_ Tne pubiic e:1uty sbll i..-.fo~
the owne: that be :nay apply far a ~bate of the pro ~tJ. pcr:ion of 1..1Y~:::..!
ffOP<:::y t:lxes paid.
HlSTCRY
1. AmC":':.d."n~l fiied 11-:-i6 3.5 1ll e::lC":':ge::c:'-; d~ip3ted eff~.ive 11-:i-'76
(Re~iste:' 76, :-';0. ~).
2. Cen.ific:3.le of Ccmpli:mc: flied 2-16-ii (Rc:gistr:' ii, NO.8).
S 6194. Short Term Renbl.
(a) lfthe public pc:-:mts an Qwne:crte:1ant to cccupy the:-::al p.ope:-::y
acquired on a rC:1ul basis fora shoIi.-~:::l or fora pe:iod subject to te::ni.
nation by the public e::.tity on short notic:, the amount of re:1t r:quir:d.
shill not exce.e.:! the lesse: oithe fa.i:r:::1t:ll value to a shor:.-tc::::::l oc::"Joie:
or the pro r::lta podon of the fair re::.w value fer a typical TC:1t:ll pe~od_
If the ownc,:, or ~n3.,rU is an oc:upant of a dwelling, the rent.:!.! for the
dwelling shall be: within his financial means. (Se:: subsection 6008(c).)
(b) A post-acquisition te:1ant who oc::upies r:::ll prope:ty acqt:i..~d on
a rental basis far a short te:m and who is infor:r.ed that the prope::y has
been acquired far a public us.: shill be given not less than 30 days netic:
of ter:nination of the te:-::mcy.
HJ.S'7CRY
1. Arn~dmenl or subsection (bl filed 11-5-76 U.1ll e:nC":'~rnc)"; desigr::lled ef.
fective ll-!i-i6 (Regist.e:-76, :-';0. 044).
2. Ce:tifiole ofComp1l:mc: filed 2-16-ii (Regisl.e':' 77, No.8).
S 6195. Publlo Information.
The purch:l.Se price and other consideration paid by the public e:1tity
is public inform3tion and shall be madc available upon request.
S 6196. Service of Notloe.
Service of all notices rcqu~d by this :uticle shall be: made e:the:- by
first class mail or by pe..-sonal scrvic: upon the pe..-son to be notified.
16198. Nonpossessory Intarest Exception.
The ",ovisions of 6132fbJ.(e). (d)(4).and ([) and 6183 shall not apply
to the acquisition of any e:lSC:I1ent. right~f-way, covenant or othc:-non~
possessory int.c..-est in re31 property to be acqu~d for the consC"".;ction.
reconstruction. alte:ation, enlargeme:1t. maintenanc.c, renewal, re?air or
replacement of sub-surface sewe:".>, wate:-lincs or appunenanc:. d...--ains.
septic tanks, or storm wate: drains.
Attadu::.ent A
Minimum Contents oC Informational Statement(s)
/l~m To B~ Inc!:uied
1. Gener.ll descriptionofilien:nure md type: of actio
vities that will be unce:-..3krn. including::m iden.
tifjc:::!.uon of U'C::!.s which m::!.y involve displace-
ment.. A diagrammatic sketch of me project 3.n:::!.
should ~ atuched.
2. St.:ue:ment th:u public action may resuh in displace-
me:lt but that no one lawfully occupying proper-
ty will be required to surrendCT possession with
out at le:lst 90 days' writkn notice from the pub.
lic entiry and no one will be requin:d to move un.
til90 days after the provision of information.
3. Assur:mce thal families and individuals will not be
n:quired to move bef~ re:lsonable offen of de.
cent. safe, saniury and othcmvis.e compar:lble
housing within their financial means have been
made, exo:pt for the C:lus.cs set forth in the loc::u
agency's eviction polic)' (which shan be in accor-
dance with section 6050.)
For Dj~lribllliort
Tn
B:o::in~ss
COflC~rr:~
4r.dOfMrS
Displac=d
PU:;OflS
x X
X 'X
X
Page 278
TC -9/-13
l,j...l_~Ol
! ~L.t;; __
.L-"-,...... _..~." ." ._...1'-..0.......; .J.1.L. .....C;I....-:ounlt:, ~'..t:'t..'~I..t;;;.~ . . '_.
lum Ta 3~ ir.c;'uc1ed
J. Ge~erJ.i d.e~pt:cn cr".ype: ofre!oc:l.l.:cn p3:.me:llS
.1v1i!.Jble. :r.c:uci!:g; :t:nenlelieihilirl c:-:ter'.3.lr.d
J c~ut:cn Jpl.l'lSt ;:~;::'lJt'..or: moves :hat mlg..":t r;:.
suit :n :05S or" :~~:bility for J. P.1yrr.::it.
~. IC::ltif:c.1ticn of t...e J.g:~:-:cy's re!oc:ucn prog:-Jr.1
.mc .1 desc:olJcn of the ~!oc~l:on se;""llc:s :u:d
J:ds :h.:H will be J"'J.~bje.
6. E:1c~rJ.l!:,::ne:ll:O .,:sit:.he Jl!::nc....s r:!oc:Hion of.
fiC': 1r.d ccooente .....ich the suff. Tne wcr:ss.
U:::::Inl..-r:e nurr.c-e:-.:md hours of the r:!ocnicn of.
fiC':o should h.: sox:::riec.
";. In:'cr.:1.3.licn en r;;:iJCement housing. including:
.1. Br:ef desc:p!.:crl of wh:1t ccnstitl.lt:s compan.
b:: re?l.:I.c::ne:'lt housing. .including . physic:::!l
sund.3.1'"d.s.
b. Lavrn.en's de:c::ticn of Fede::ll bir housing;
bw cTiue \111 of CIvil Rights Act of 19631..u:d
appLic:l.ole Sut= .md lac::r.l [Jir housin,g l:1ws. as
weU JS nwts under Title IV of the Civil Rl2.hLS
Act of 196-t ~
c. SUl.::nent that the public entity (or ilS agent)
will identify ccrnp~le repb.c:::nent dwellings
within the ftn.1nc:ai me::rns of .1nd othe:",Nise J.vJ.il.
:1ble to dispb.c:::i pe~sCf1s::rnd will provide J.ssis.
btlc: to pe:-sCl'lS in cb~inin~ housing. of the:r
choic:. inc!udmg JSsisutlce in the :-:fe:nlof com.
pb.ints of dis~.m:n:l.lion to the .1pprcprialC Fede~.
:aL Suu:: or 100000l fJit housing enforc:ment agency.
d. Sut=:ne=:,t thJt pe:'scos m:l.Y seek the:r own
hcosl!ll! x::cmmod:l.tions 3l1d UTOZln2 them. ifthc:y
do so. to notify the ~!ac:1tion offic:-prior to m:l.k..
ing: :1 commitrnc:nllO purch.3.se or ocC".1py the
property.
8. Sutement th.3t the public entity willprovidc: max.i
mum J.Ssisunc: in tOCltilll~. reloc:l.llon .3ccorruno-
d.3tions,incwding ccnsulution with the Sm:ill
Business Administration and other govemmenul
Ul:nc:es which miL!,t be of assisunce.
9. Suu::ment describing requirement for prior notifi.
cation to the agency of the business concern's in.
tention to move.
10. Swn..n:;r.ry of the loc31 agcnc-;'s eviction policy.
which shall be in 3c::crd.mo: with the provisions
of section 6058.
II. Sutl:mentdescribing: the agenc:;'s grievance pro-
cedu~.jLS purpose, md how itm:1ybe used. which
proc:du~ shall be in accord:mce with the provi.
sions of Article 5.
FJrD,r:r;:,:,::oll
Tl
3""srn(!=s
C.JI1('!!nu
ar:d O!iurs
DI.-;;iCJ:d
P1:r:ofls
,
,
,
,
,
x
x
x
x
x
x
x
Subchapter 2. California Low-lncome
Home Management Training Program
NOTE: Authoritycitrd: Sections ~12:!6 and 5C626. He:l.hh md Safe!'jCode. Ref.
e=-::1c:: Sections ~12:0--H229 and 50625-50629. HC:11t.h.1l1d 5J.fety Code.
HJ.sTOR Y
1. Remunbering from Chapter I.Subch3pter4 (Sections 1500-1520.notconsecu-
live) to Ch:l.ptc:' 6. Subch:l.ptrr 2 {Sections 62Q()......6220. not conse,:".llivel filed
1-25-77 3S procedurJl and orgwz:I,tioo3l:. effectIve upon ruing (Regis~~ 77.
:';0.51. Forpricr history, see Reg.ister 76, No. 18.
2. Repe.1lel" of Subchapter 2 (Articles 1-2. Sections 6200-6220. not consecutive)
filed 6-19-80: effective thirtieth d:1y thereafter (Re~sU::r 80. No. 25).
Subchapter 3. Housing Element Guidelines
NOTE; Authority citl:'d: Section 50459. He31th and Safety Code: ::md Section
. 65302(c). Government Code. Reference: Section 65302(c). Goverr.rnent Code.
H1STOR Y
1. Renumbering from Cbapu::r 1.SubchOlpu::r S (Sections 1600-16.50.notconsecu-
livel to Ch.3.pu::r 6. Subchap~r 3 (Sections 63~350. not consecutive) rued
1-28-77 as pracedunl and org:lOiution.3.l:. effectIve upon filing (Regisl::r 77.
No. 51. For prior hlstorj. see Reg.ister 76. No. ~O.
2. ~ew Subchapter 3..Anicles 1-3 (Sections 6300-6350. notconsec:utive) ref1lcd
4-1-77 as 311 emergency: designated effective 4-5-77 (Registe:' 77. No. 14).
,
: - ~~~"- ~~~~~~~~;;~~~~,:~~;~~~~~i~f!:;;:~~7~~ :'7~~~~~~~~~~~ ~ ~ ~~~~
.1. C::,~c::,= ~~C::7.;:ii.3...c:' .:~.;ei.!.:-:']o- -":' ,~~:!s.:::---. :0_ ..:?; 5. R~:::J,::;'<Jr
Subc:-:~~:,,: (::leC'.:cns 5-7'~(::-)":~' n.ct =:'=.:':$O::-::'.1U':::: tl:e-: .)-::-.4:: :t..:::1,:o::
thW..;e:... d:l.Y tr.:r::lr:.::" (:<.:-;:s:..::- 3.;.. ~<J. _-'.
S. RO::?C'J.:::ofSubc:-.3p~:-:: (Se:::rcnsS~Cc-5,:~'J.notc=nSl::::':'I;''':: flld 6-9-.g....
eF.;:c::...e :h:r.;e:..' dJ:' :''':.::~J.:1.::'' (Re;:s':::" 3:_ ;';0. :~i. -,
Subchapter 4. Housing Element GUidelines
NOTE: AL.::..":.(;r:ty ciled: Se:::.:cn 50.:59. E~J.!:""l .md SJ.f.:ty COC:. and SCl:t.Jon
65.:0:(c;. Gove::-:ment C..xe. R::f:,~:'lC:: Sec::cn 6.5.:0:~c). GO'.::-:-.nl:m CO<!-
t1JS7CRY ....
I. ~ew Sul::c~.J,p~_:- ~ rs<=:::.:cns S-:00-6.:::-3IS:d 11-7-77: :ffe:::Jve thir'...\e:h dav
the:-:.:lf'.t'~ (Re~st.:=~ 7'7. ;';0. 501. . .
1. ~e::..:=-~e:-:.t rue:' 5-1-79 JS:L:i e:::.e:-:?~:'lC:": ::::::ti...e upcn fLbg (Rezjste:, 79.
:"0. 1~1.
:. Ame:-:.c:::.e:lI me-:! ?r-2~79 J.S .m eme:'!-::::::': effe:::I\"e upcr: rilin; (Re2ister
'79.:-';0.35). A C:,:"'.ifiC:llecrCcmpli;1l'lC: must be file::! wiUun I:Odaysor;mer.
g:ncy l.3.ngUJ.g': WIll be :':;::e:l.!ed 00 1:-26-79.
4. Ceru:;cJ.te ofCcmpli:mc: fjid 10-2:-;9 (Ke;ist::' ;9. :\'0. ~:).
5. R.:pe::r.!e:, ofSubdupt::" J (S<=c:ions 6~JSO. not ccnse:::.ni\'e\ fLied 6-9-31:
effec:Jv: ttl.1rtidl d:l.Y the:'e:l.r.t':- (Re~iste:' 3:. :-;0. 2J). For pr:.cr hislory. see
Re:g:is:e~ 30. :-';0.13.
Subchapter 5. Department of Housing and
Community Development-Gonflict of
Interest Code
x
~ 6500. General Provisions.
Tat: PoliuCJI Rc:fcr:::J. Act. Govem::Ilc::ll Code Sc:cucns SlOC{). ~t s~q..
requires stale il!:.d locJ.1 govemmeclageocies to adopt 3.Ild promulgate
Connic: of mle:est Codes. Tne FJir PoliticJI Practicl:s Commission b:lS
adopted J regubtion. 2 Adm. CaCe of Regs. Sc:cuon 18730. which con.
uins the lerms of a sL1n6rd Conflict of Interest Code. which CJ.D be m-
corporJ.!J:dby reference. J.r.d which maybe J.ID.cnded by the Fair PolilicJ.1
PrJctices Commissicn loccnform to ameodmenls in lb.e PoliticJI Reform
Act af~r p..zblic notice 3.Od he.:J.rings. The:-efore. the lerms of2 Cal. Code
of Regs. s.:CUClJ 18730 and any =<nchr.<nlS to itduly adopl<dbyth< Fair
Politic~1 P:-:lctices COD1.Inission. aloog with the :i.:t.Jched Appendix in
which officials:LCd employees arc desipaled and disclosure categories
are set for'l1.. are hereby incorpor.lled byreference::md ccnstirutc lb.e Coo-
nicloflnlerest Code oflhe DepanmC1tand CotIlmission ofHoosiog and
Community DevelopmenL
Desipaled employees shall file SUle::le:lls of economic mterests v.:ith
the age:J.cy who will make the slateme::JlS available for p..Iblic. inSpeCUOD
and rerlr<xiuction. (Gov. CC<ie Section 810(8). Upon receipt oflhe sUle.
ments oflhe Director. the agency shall make and retain a copy and for-
ward the original oflhese st.1tcments to \he Fair PoliticJI P:'actices Com-
mission.
NOTE: AuthorilY citrd: Section 8i'300. Government Code. Reference: SecUCl1S
8tool. 87300 and 87311. Go"e:nment Code.
H.JSTORY
1. ~ew subdl:1.0te:- 5 (seclicns 6~00-6510 :I.lld Appendic:: A. B and C) ~J..!ec
2-17-73~ eff~ctive thirtie~~ day there:lfter. Approved byFairPolitiC:l.l PUC!.:lc'::
Commissicn 10-4-77 (Re2:isu::r 78. No.7).
- , d d' A '""'andnco,>
2. Repe:l.lerof subchaptl:r 5 (sec:Jons 6500-651O:lJ1 Appen ;c:-::s -:-' thirti u
subc,J.pu::~ 5 (section 6500 md Appendix.) flIed 2-~81; effc,:uve 1" 1 egr
d.3Y thereafter. Approved by Fair Pol.itic:lI P'r.Ictices CommiSSion ---
(Re~i.ster 81. No.9).
3. Repe:l.lel" of subchapter 5 {section 6500 and Appendix):md ne~ subcha~.
(secticn 6500 and Appendic::s A and B) filed 3-19-85: effec!..lve ~on litic'
pursU.3.nt to Covenanent Code section 11346.1(d), Approved by F:lIr po ~
Pr.3ctices Commission 2-13-85 (Registl:r85. No. 12).
4. Amendment of Appendices A:md B fLIed 11-17-89; operativ: 12-1;~9.:{
proved by Fair Politic:l.l PrJ.ctic:s Commission 5-25-89 (Reg.lS~r 8 . ~. .
S. Amendment filed 2-18-92; oper3.tive :L19-9 t. Submitted to O,Al. for~r:rU9:
only. .Approved byF.urPoliticalPr:l.ctio:sCommission 12-:-17-91 (RegIs
No. 12).
6. Chang;: without rcguhtcry effect .unending second p.3r3gr:aph of se~ticr.~
3Jl1endlflg Appendix A md B filed 6-27-96 pursu.:LnttD secuon 100. uue .
x
Page 279
TC -9~-13
R~i"IlT96.:io.26:6-:$-
.
~ 6':,;')
B.J.....'l.CU,YS C.UIFOR.'o1.-\. CODE OF Rl:GlLAT10:--<S
1: t:e ::
licr.-:::l C;,....:e ..;{ ::;"~::'..1!.l':;C:'li 'R~;!s:.::- '16. ~oJ. :!6J. A;:rrov:d 'J:J F:ur ?::;i;t:c:::.;
P:'JC::C:S C...T.':r.llSS:cn 5-~-76.
Appendix A
Designaterl Positions
Pe:-scr..~ UJ. :b: follow:::;::bss.es orpositicns ~ d.eslg:::.':Hd~=t'ioyees
:u:d sb.:lll ~J..~;: t..';,e typesof .:.isclcsures set for.h in the disdcsure c:lte~cr:"
liSl~d op~site !.be posllicn.
CLHS OR POSfTiOIV
DISCLOSeR:.
CAITCOR:'
Oflia a;(h~ Drr~-::or
Du.ec:.or. C1lefDepury Dtr:c:.cr: Deputy. Dir:::::cr3:
Assisur:t to the DIt'::~r: A.iS:SUIll Dtr:c:or fer E:tt::n:ll Aff.lirs:
A:>sis~t fer Potie:, De'f:!c'9r.".:::J.t:.
Sufi' S.::-;ic:s MJ.nJ.g.:r (.1!11e'::!sI:
AssOC:.1!.d Go...emm.ent.:1t,Prc~m1 ,.1,m.lyst
Le1a{ Offia
CmefCounse!fDepury Di.r:c'.Cr: Sl.:lffCounsel (Jlllc",e!s): ..............
Didsion of Administrarion a::d Jfar.J71emenr
Deputy DII":::::or ...................., ..,...,..,.....,...,.......
SuffSe::-1ic::s ~tJt\Jl!::rs (311le'relsl:
DJU P:'oc:ss:nz \l.mJ2.er (J!1le'lelsl:
suff Pro~-rnrne:' An.:1iys:.:. SuIT Inform:llion Sys~:ns AAJlyst:.
ASSOC:Jt:' p:opmme: AnJlyst.S (Spec. & SupV,)
Assoc. lnfor.:lJcon Systems Ar~lystS (Spec. &: Sup"')
Accounlin:z. Adrr:inislr:l.I.ors (.1111e'n:ls):
Accoon:.ini Ofiic:rs (JIlle'lelsl: Acccunling An:llysts (J.llle'/e!s):
Business Ser/ic:: Offic::r: (J11 le'/els): Business Sel"''1ic:: ASSlSUrll:'
AsscciJ~ Gove:;,menut Propm AnJlystS:
SuffSe::-/ic:s A..,:uystS (e:tc:rH in the P:rsoMc:l Offlc:l:
~lJnJg.::ne:'ll Se::-/ic:!s Technlc::l.tt: Business MJn3gcment:. ......,........ 3
L4,;is!ative Di\'ision
Deputy Dir:c:.or: Assisunt Depury Director. . . . . , . . . . . . . . . . . . . . . . . . , ., 1
SuffServic:s ~bnJ'!ers (J11 !&~'Ielsl:
Associ3t= Covc:mnenul Prognm An31yst..
Suff Services AnJlyst ., . . , . . . . , . . . . . , . . . . , . . . . , . . . . . .. , , . , . .. 2 & 3
Audit Division
Chief. Suff M:l.ttueme:U Auditor.
Sl.JffServic:s Mwgement Auditor. Associ3t= ~13n3gement AudiLCirs ,.,.,5
Hou.ring Policy De\'dopm.t:nJ Division
Deputy Direc:or. Assisunt Depury Dir:ctor.
Housing. and Community Development M3t\3gers (J1110:ve1:>):
Housing and Community Development Specialists (311 1o:ve1.:;):
Housing. and Community Development Representauves (aU 1o:'/els1:
Codes and Standards Division
Deputy Direc:.or. AssistAnt Deputy Director. Assisunt Chief.. . . . . . . . . . .
Civil Engineer: (ill levels I:
Codes Ittd Sund:lt'ds Adminislr.1tors (:ullevels):
District Represc:l.uuves (aU levels): Suff Services ~.:m3ger 1:
Associ:;l.~ Ar1:hitl:ct: Mobilehome Registr:l.tion M3n3go:r.
Mobilehome Re;islnucn Superv isor 1II:
~1obuchome Re~isltJuon Speci3lisl: ..,.....".....",............. 4
Cornmuni~ Affairs Division
Deputy Director. Assisun! Deputy Diro::ctor.
SpeciJl Assisunt (0 the C:puty Dlt":c:or ............................ 1
Housing 3tld CorrunurulY De'/elopment Represenuuves (aU \e.,e!s):
Housing md CommunilY Development SpeciJlists (3.lllevels);
C3Lifcmi3 IndiJn Housing R:pre=:e:l.utives (3111e...els):
CJtifcmi3 lndi.:m Housing Man3g:rs (aU le.,els):
Housing:md Communir,! Development ManJg.ers (all levels):
Associate Gove:nmenl.J1 Progn.m AnJlysts:
M3t1aeemel"lt Ser/ic:s Technicl:l.ttS:
S t.3ff Ser/ices M3lysts:
Housing Construction snd Rehabiliuuon Specialists:
L03n 3t1d Gr;mt Committee Members,.. ...............,...,.. ..... 2
Consult.::lJlts-
.Consulunts sh3U disclose pursuJnt to the broadest disclosure C3tl:gory in the
code subject to !he foUowing.limiution:
T.,e CU':'c~r :n3'/ ~:::~u:e :n '.11:-;:';'-:; th3: 1 ?3!'"":C''':!.J.r c::nsu!u:-:.:.. 1::'-:<'::u~~ J
.'::s::r-:J.~d oos:t.:~., :s:,;r=:.! ~o ~~'cr.':'1 J n.-:~: o(,:,":.;e-:: :.."lJ.t IS I.:mllec:n ;C::c~
:u:d '1Iu:> 1$ ~ot ;::;:u:r:d ~ f:.til:, a:!':':i'l:/ .....::.h 'i1.: d:sc;ost:r:' :,:,U~::1::1~ In :.hIS
s.ec::cn. SUc~ \l/i:t~::'l C:'.::-::1:.r.Jt..:cn :;':13:.1 :r.c:~de l.i:~:;JUcn or' tr.: c:::nsuiUr.,
dUl:es md b3sed ~ocn t,l.:3t .:eSC:-:;ll:Cn.l sut.::ne:1t of'i'le e::'::;'lt of diso::osu~ re-
9uT.::::1e:'.ts, rne b1t":c:cr'i de!erm:l'ul:cn:s z?ubuc r:cord:u:d shJ.il be reuine..i
tcr ;ll.:.blic Ulspe~:cn:n::~ same mJJ'J\er snd loc:mcns.1S :hIS ccnflic~ of mt::-~.
cX~.. ,~~.
~oTE.; Au:.hcr:rJ c:t:d: S:c:.:on 37::CO. Gov::-:u::e~t Cod:. R:f::-:::c:: Sec:ll:ns
373C()...-3i31 1. 6o"::7.;~:~t Cod.:.
Appendix B
Disclosure Categories
Hoancial iIue:-ests of e::nplo:'ees holding positicns designate:'!n this
section.lI'e to b~ re?Or.ed in SUte=ne:llS of econemic inLe:-ests as iollows:
Desig::;.ated Employe::s in Cale:;ory 1 must reycrt
(a) All invest.~e:l.ts ar:.d 3.Oybusmess positicns in any business e:l.titv:
(b) All sources of it.come: .
(c) All inte:-~sts ill re.l! prope:-ty (excluding oce's pimilry ~~enal res.
ideee).
Designated E:nployees in Categerj 2 must report
(a) All inves:me3LS. business positicus in. or sources of incot=1e from
any entilY afthe l:'F-e whicb bas. in :u::ym;mne:. been affected by or rub.
ject to depa.ri.IIl.e::l.tal regu1:l.tico.s or policies (e:tcludiDg reg'J13ti~s or pa.
lie:es regarding builcing or e,ergy SL1IldJrds).
(b) All tnvestIl::.ents. business positions in or sources of iDcac:e froc
any eotitye3g:l.ged in the design of. deve!opme:llor rehabiliuucn or. S:J.le
ar purch:lSe of. or invesu;1e::ll in re:ll propeny. manufactured or factory-
built housing.
(c) All invest.-ne::ts, business positions in or sources ar"income from
any entity eopged in the design. Ceve!Opt?C::lL rebabilil.J.licn. or con.
slIUction of public facilities.
(d) Any in,e,est in real properlY (excluding one', pt'im:lr)' ~'ooll
residence) siruated in any jurisdiclion receiving or eligible for funding
frolD. orthrouglJ the section to which the designated employee is assigned.
(e) Invesu:r.e:lls. business posilions.orsources of income frCD;1 any eo.
tilywbich is shuated ordoing business in anyjurisdictionreceivmg oreli.
gib!e for funding from or throu gb the section to which the designaled em.
ployee is assigned.
Design:llOO E::oployees in Category 3 must report:
Investmec.l.S. business positions in. or sources of income from any
busioess entilyofthe lype which contracts with the departmenl to provide
or obl..1in supplies. materials. services. machinery. or equipmenL
D::sipJtOO Employees in Category 4 must report:
Investments. business posilions. or sources of income from :my busi.
cess entity which has been subject toor affec~d by:myregulations or po.
lides of the departme:lt relating to mobilehomes. ma.nufJctured bomes.
fac,tory-builtbcusing. mobilehome parks. labor camps. recre.J.tiooal ve-
hicles. comme:-cial coaches. or any other programs or policies 3.dminis.
tered by the division.
Designated Employees in Cate30ry 5 must report:
Investme:::.lS in, ir.come from. ilD.d posilions held with business enlitites
which WeTe the subject of an Judit during the reponing period. If the em.
player has net partic:pa~d in 111 audit during the reporting pericd.lf the
employee basnOl participated in an audit during the ccurse of the report.
ing pericd. in which he or she has a fInancial interest. then the employee
shall sign a suteme3t to that effect under pelJ.l1ty of perjury. Such state.
ment sball be moo and processed as though it were the disclosure state.
ment required by the Slandard Code. A1:J. employee who participated in
an audilin which be or she has afm.ancial intereslsball disclose lha.linter.
est as described above. but such statement shall be delivered to the filing
offer who will me the slatement as a public record.
NOTE: Authority cited: Section 87300. Ciovemment Code. Referenc:: Sections
87J.QO-S7311. GO'Iemmenl Cod:.
* * *
Page 280
TC -93-.6
lteIUtc:r~.!'Io.:6:.6-:3-96
SECTION G
An Analysis of the Preliminary Plan
The Preliminary Plan for the Amendment ("Preliminary Plan") was approved by the City of
Chula Vista Planning Commission ("Planning Commission") on July 23, 1997 by Resolution
Tel RDPP -
No. No.5 and accepted by the Agency on October 7, 1997 by Resolution No. 1557 . The
Preliminary Plan described the boundaries of the Project Area and included general statements of
the proposed land uses, layout of principle streets, population densities, building intensities, and
building standards. It also addressed how the Amendment would attain the purposes of the Law.
It discussed the conformance with the City's General Plan and discussed the impact upon
residents and the surrounding neighborhood.
The Amendment conforms with the standards and provisions of the Preliminary Plan, as detailed
below:
· Proiect Area Location and Description: This section of the Preliminary Plan describes the
boundaries of the Project Area. As set forth in both the Preliminary Plan, the Amendment
does not add territory to, or delete territory from, the 138.54 acre Project Area.
· General Statement of Proposed Planning Elements: This section of the Preliminary Plan
states that Project Area land uses, proposed layouts of principal streets, proposed population
densities, proposed building intensities, and proposed building standards shall be subject to
and controlled by the City's General Plan, Zoning Ordinance, and other local codes. The
proposed Amendment does not alter these planning elements in the Redevelopment Plan.
· Attainment of the Purposes of the Redevelopment Law: The Amendment is consistent with
the purposes and objectives set forth in the Preliminary Plan.
Rosenow Spevacek Group. Inc.
June 2, 1998
Chula Vista Redevelopment Agency
G-l Town Centre I Amendment No. 5-
TC - 9 c.J -13 Report to the City Council
. Conformance to the General Plan of the City: Both the Preliminary Plan and the Amendment
conform to the standards, policies and provisions of the City's General Plan, as it exists or it
hereafter amended.
. General Imoact of the Prooosed Proiect Uoon the Residents of the Proiect Area and
SUIToundin!1 Nei!1hborhoods: This section of the Preliminary Plan states that residents in and
around the Project Area will benefit from improved infrastructure and public facilities,
affordable housing in the community, and enhanced employment and economic activity
effectuated by the Amendment. By extending various time limits in the Redevelopment Plan,
the Amendment provides the Agency with additional time to implement the redevelopment
tools necessary to achieve these positive impacts.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
G-2 Town Centre I Amendment No. 5-
TC - 9 S- ~ 13 Report to the City Council
SECTION H
The Report and Recommendations of the
Planning Commission
The Planning Commission adopted its report and recommendation on the conformitv of the Plan
- TC RPA -
\vith the City's General Plan on May 27,1998 by Resolution No.~ ("Resolution"). A copy
of the Resolution is incorporated into this Section of the Report. Pursuant to the Resolution, the
Planning Commission found that the Amendment is in conformity with the City's General Plan
and recommended that the Agency and the City adopt the Amendment.
Rosenow Spevacek Group, Inc.
June 1, 1998
Chula Vista Redevelopment Agency
H-l Town Centre I Amendment No. 5-
T c - 9 b -13 Report to the City Council
RESOLUTION Tel RPA No. 5
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING C'6MMISSION
MAKING ITS REPORT AND RECOMMENDATION TO THE CITY COUNCIL
AND/REDEVELOPMENT AGENCY CONCERNING THE PROPOSED
REDEVELOPMENT PLAN AMENDMENT NO, 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECT AND ITS CONFORMITY TO THE CITY'S GENERAL
PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1691 on July 6, 1976, approving and establishing the Redevelopment Plan for the
Town Centre I Redevelopment Project ("Project"). and the City Council has since amended said
Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance
No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance
No. 2609; and,
WHEREAS, the Planning Commission did approve a Preliminary Plan on July 23,
1997, which initiated the preparation of a fifth amendment to the Redevelopment Plan for the
Town Centre I Redevelopment Project ("Amendment"); and,
WHEREAS, Section 33346 of the California Community Redevelopment Law
("Law") provides that before the proposed Amendment is submitted to the City Council for
consideration, it shall first be submitted to the Planning Commission for its report and
recommendation concerning the Amendment and its conformity to the City's ~eneral Plan; and
WHEREAS, Section 65402 of the Government Code provides in part:
"If a general plan or part thereof has been adopted, no real property shall be
acquired by dedication or otherwise for street, square, park, or other public
purposes, and no real property shall be disposed of, no street shall be vacated
or abandoned, and no public building shall be constructed or authorized, if the
adopted general plan or part thereof applies thereto, until the location, purpose
and extent of such acquisition or disposition, such street vacation or
abandonment, or such public building or structure have been submitted to and
reported upon by the planning agency as to conformity with said adopted
general plan or part thereof...
A local agency shall not acquire real property for any of the purposes specified in
paragraph (a) nor dispose of any real property, nor construct or authorize a
public building or structure, in any county or city, if such county or city has
adopted a general plan or part thereof is applicable thereto, until the location,
purpose and extent of such acquisition, disposition, or such public building or
structure have been submitted to and reported upon by the planning agency
having jurisdiction, as to conformity with said adopted general plan or part
thereof... "; and
WHEREAS, the Planning Commission has received and reviewed the Amendment
in the form attached here to as Exhibit" A"; and,
WHEREAS, the Amendment does not propose to alter the Town Centre I
Redevelopment Plan's land use controls, permitted uses, public uses, interim uses, and general
land use controls and limitations.
7C-q7-~
Reso. TCI RPA No. 5
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning
Commission hereby:
.'
Reports, finds, and determines that the Amendment No.5 to the Town Centre I
Redevelopment Plan conforms to the General Plan.
Recommends that the City Council and Agency adopt the Amendment.
Finds and determines, pursuant to Section 65402 of the Government Code, that
the location, purpose and extent of any acquisition or disposition of real
property for street, square, park, or other public purpose by the Agency for the
purpose of carrying out the Redevelopment Plan conforms to the General Plan
of the City.
Authorizes and directs the officers, employees, staff, consultants and attorneys for
the Planning Commission to take any and all actions that may be necessary to
effectuate the purposes of this resolution or which are appropriate or desirable
in the circumstances. In the event that prior to the adoption of the
Amendment, the Agency or City Council desire to make any minor, technical,
or clarifying changes to the Amendment, the Planning Commission hereby finds
and determines that any such minor, technical, or clarifying changes need not
be referred to it for further report and recommendation.
This Resolution shall constitute the report and recommendation of the Planning
Commission on the Amended Redevelopment Plan to the Agency and City
Council pursuant to Section 33346 of the Law.
PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING
COMMISSION this 27th day of Ma y , 1998 by the following vote to-wit.
AYES:
Chair Davis, Commissioners Aguilar, Willett, Tarantino,
Thomas, and O'Neill
NOES:
ABSENT:
ABSTENTIONS:
Commissioner Ray
Chairperson
~~~
Secretary 0
H :\Home\CommDev\ROAmend\tcreso
Ie -9~-g
SECTION I
Report of the Project Area Committee
The Town Centre Project Area Committee (PAC) received and reviewed the Amendment at their
April 27, 1998 meeting. At that meeting, staff presented a summary of the reasons and benefits
of the Amendment, and provided the PAC with copies of the Amendment text, Preliminary
Report, and Draft Environmental Impact Report.
By a 4-0 vote, the PAC adopted the following report recommending that the City Council adopt
the Amendment.
In addition to the PAC's activities, the Agency solicited public participation at two separate
public forums. Notice of the public forums was included in the mailed notice of joint public
hearing, which was mailed to all residents, business owners and property owners in the Project
Area. The first forum was held on May 7, 1998, which 3 people attended; the second forum on
May 21, 1998 was attended by 2 individuals. During these workshops, staff presented the
rationale and purpose of the Amendment, and answered questions.
The community may also provide input on the Amendment at the Agency/City Council joint
public hearing scheduled for June 9, 1998 at 6:00 p.m.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
1-1 Town Centre I Amendment No. 5-
rc: - 9 9 -/3 Report to the City Council
'.
TOWN CENTRE PROJECT AREA COMMITTEE REPORT
On April 27, 1998, the Town Centre Project Area Committee held a special meeting and considered the
information in Draft EIR.98.2 and the proposed Town Centre I Redevelopment Plan Amendment No.5. The
Committee voted 4.0 to recommend approval of the proposed Town Centre I Redevelopment Plan Amendment
No.5 and to report the recommendation to the City Council/Redevelopment Agency at their June 9 joint public
hearing.
Rosenow Spevacek Group, Inc.
June 2, 1998
CIlula Vista Redevelopment Agency
1-2 Town Centre I Amendmellt No. 5-
T C - I 0 0 -/3 Report to the City Council
SECTION J
A Statement of Conformance to the
City's General Plan
As set forth in Section H of this Report, the Planning Commission adopted Resolution No.
Tel RPA
No.5 on May 27, 1998, which established that, pursuant to Government Code Section 65402,
the proposed Amendment is in conformity v.1th the General Plan of the City.
Rosenow Spevacek Group, Inc.
June 1, 1998
J-l
je -( 01-13
Chula Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to tile City C ounci1
SECTION K
The Final Environmental Impact Report
,
An Environmental Impact Report ("EIR") entitled the "Final Program Environmental Impact
Report-Town Centre IlBayfront Redevelopment Plan Amendment" (State Clearinghouse Number
98-021-056) was prepared in connection with the proposed Amendment by KEA Environmental,
Inc. The EIR determined that since the Project Area is largely builtout, and no site-specific
development or redevelopment proposals are contemplated at this time, a project or program
level environmental analysis of the Amendment would be premature and unwarranted. Further,
the extension of the Plan's time limits were not considered by the EIR to result in growth-
inducing impacts, since redevelopment within the Project Area is anticipated to result in
recycling and rehabilitation of existing properties.
On June 7, 1998, the City Council is scheduled to certify completion of the Final EIR. A copy of
the Final ErR is included under separate cover and incorporated herein by reference.
Rosenow Spevacek Group, Inc.
June 1, 1998
Chu1a Vista Redevelopment Agency
K-l Town Centre 1 Amendment No. 5-
TC -IO.;l....-tf Report to tile City Council
SECTION L
A Statement Regarding the Report
of the County Fiscal Officer
Concurrent with the original adoption of the Project in 1976, the San Diego County Auditor-
Controller prepared a base year report pursuant to Section 33328 of the Law ('"Base Year
Report") that established the then last equalized assessment roll (1975-76) as the base year roll
for the purposes of the calculation of tax increment revenue. Because the Amendment does not
propose to either add territory to, or delete territory from, the Project Area, the Base Year Report
is not subject to any changes and continue to be effective in connection with the allocation of
taxes from the Project Area under the Plan.
Rosenow Spevacek Group, Inc.
June 1, 1998
Chula Vista Redevelopment Agency
L-l Town Centre 1 Amendment No. 5-
T (' - ( 03 _ t9 Report to tile City Council
SECTION F
The Method of Relocation
In conjunction with the adoption of the Existing Plans, the Agency prepared and adopted a
Method of Relocation, consisting of the State Relocation Law (Government Code Sections 7260
through 7277) and follow the California Relocation Assistance and Real Property Acquisition
Guidelines ("State Guidelines") as established in the California Code Regulation, Title 25,
Chapter. As a public agency in the State of California, the Agency is required to adhere to State
Guidelines and State Relocation Law. The Method of Relocation ensures that the Agency will
meet its relocation responsibilities to any families, persons, or nonprofit local community
institutions to be temporarily or permanently displaced as a consequence of project
implementation.
On April 21, 1998, the Agency adopted Resolution No. 1579 reaffirm~ng the use and
effect of the State Guidelines and State Relocation Law as the Agency's Method of Relocation
for the Project in conjunction with the Amendment.
This Report incorporates the Agency's Method of Relocation.
Rosenow Spevucek Group, Inc.
June 1, 1998
Chulu Vista Redevelopment Agency
F -1 Bayfront Amendment No.5 - Report to tile City Council
TC -1(P .,-.d
.
SECTION M
Neighborhood Impact Report
The Law requires that a Neighborhood Impact Report discuss the impact the Plan will have on
low and moderate income persons or families in the following areas: relocation, traffic
circulation, environmental quality, availability of community facilities and services, effect on
school population and quality of education, property assessments and taxes, and other matters
affecting the physical and social quality of the neighborhood.
The Neighborhood Impact Report must also address: the number of dwelling units to be
removed or destroyed; the number of low or moderate income persons or families expected to be
displaced; the general location of housing to be rehabilitated or constructed; the number of
dwelling units to house persons and families of low or moderate income are planned for
construction or rehabilitation; the projected means of financing the aforementioned dwelling
units; and the projected timetable for meeting the Plan's relocation, rehabilitation and
replacement housing objectives.
Relocation
At this time, staff does not have any plans to implement projects that are expected to necessitate
relocation of households or businesses. If relocation activities are undertaken, the Agency will
handle those relocation cases which result from project activities on an individual case-by-case
basis, in accordance with its Method of Relocation. As an Agency formed under the provisions
of state law, the Agency is required to adhere to the State Relocation Law (Government Code
Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property
Acquisition Guidelines ("State Guidelines') as established in the California Code of Regulations,
Title 25, Chapter 6.
Prior to commencement of any acquisition activity which will cause substantial displacement of
residents, the Agency will adopt a specific relocation plan in conformance with the State
Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in
Rosenow Spevacek Group, Inc.
June 1, 1998
Chula Vista Redevelopment Agency
M-l Town Centre I Amendment No. 5-
T L - ( 0 c..j. -13 Report to tile City Council
..
the State Guidelines to meet particular relocation needs of a specific project. Such supplemental
policies, if adopted in the Agency's sole discretion, mil not involve reduction, but instead
enhancement of the relocation benefits required by State Law.
Traffic Circulation
The Amendment provides the Agency the financial and legal tools necessary to construct street
improvements in the Project Area that could be otherwise delayed without redevelopment
assistance. Generally, implementation of the Plan will improve circulation and mitigate traffic
deficiencies and will provide general benefits to the Project Area and the City's roadway network
consistent with the circulation element of the General Plan.
Environmental Quality
The EIR determined that the Amendment would not result in any growth inducing impacts since
the Project Area is built out and redevelopment in the Project Area will be largely focused on
rehabilitation and recycling of existing properties. Implementation of the Project will enhance
the environmental quality by alleviating blighting conditions and improving deficient public
infrastructure and facilities, and facilitating housing and nonhousing redevelopment. Where
required, more specific environmental analysis will take place as required by the California
Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA").
Availabilitv of Communi tv Facilities and Services
Implementation of the Plan and its proposed projects are expected to significantly improve the
City's existing community facilities and services. The Plan will allow the Agency to utilize tax
increment revenues to provide for the upgrading of existing and construction of new community
facilities which will be of benefit to the Project Area.
Rosenow Spevacek Group, Inc.
June 1, 1998
M-2
TC
CllUla Vista Redevelopment Agency
Town Centre I Amendment No. 5-
I 0 ~-:...t9 Report to the City Council
Effect on School Pooulation and Oualitv of Education
The Project Area is served by two school districts ("School Districts"):
. Chula Vista Elementary School District
. Sweetwater Union High School District
The potential impact of additional students on area schools can be more accurately determined
once specific redevelopment proposals are formulated. Any indirect impacts on student capacity
at the local schools will depend upon the location of any new housing constructed to
accommodate expanded employment in the Project Area. The measure of the significance of
impacts on the School Districts will depend on the scale of a housing development in the
District's jurisdiction, the number of students generated and the existing enrollment at the time.
The impact of new development under the Plan upon the School Districts will be offset by the
required payment of development impact fees to be applied to additional school facility costs
associated with the increased development. In addition, the overall impact of the, Amendment on
school facilities will be positive, as redevelopment activities will result in enhanced economic
viability of the Project Area and thus a larger tax revenue base for the School Districts.
Additionally, as described in Section E, the Agency is required to make statutory payments from
its annual allocation of tax increment revenues. The payments are designed to alleviate any
financial burden or detriment that the affected taxing entities may incur as a result of the
adoption of the Amendment.
Prooertv Taxes and Assessments
The Plan calls for various methods of financing its implementation. Because redevelopment
agencies do not have the authority to levy taxes, implementation of the Project will not cause an
increase in property tax rates. Rather, the principal method of financing will be the utilization of
tax increment revenues generated by the Project Area. Tax increment financing reallocates
property tax revenues generated by increases in the assessed value of property in the Project
Area. Although development of the Project Area will increase the assessed valuation, Project
Rosenow Spevacek Group, Inc.
June 1, 1998
Chula Vista Redevelopment Agency
M-3 Town Centre I Amendment No. 5-
rc. -( 0 f, _ 8 Report to tIle City Council
Area property owners will not experience increases in property taxes beyond those normally
allowed by other state law and state constitutional provisions.
Low and Moderate Income Housing Program
A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to
be Removed by the Redevelopment Project
The Project Area currently contains approximately 750 dwelling units. At this time, the
Agency does not have any plans to remove any residential units in conjunction with the
implementation of the Project. However, to the extent that specific implementation
activities would cause the removal of units occupied by low and moderate income
households, the Agency will comply with all provisions of the Law, the Redevelopment
Plan and its Method of Relocation regarding the construction of replacement units and the
relocation of existing residents.
B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced
by the Redevelopment Project
As discussed above, the Agency does not anticipate that any dwelling units will be
removed by the implementation of the Project; therefore, the Agency does not anticipate
the need for displacement of persons and families of low and moderate income as a result
of Project activities. To the extent such displacement is necessary, the Agency will be
responsible for relocation of such households as discussed in the Method of Relocation in
Section F of this Report.
C. General Location of Replacement Low and Moderate Income Housing to be
Rehabilitated, Developed and Constructed
On April 21, 1998, the Agency and City Council adopted resolutions finding that the
expenditure of Project housing funds outside the Project Area would benefit the Project
Area. Consequently, to the extent necessary, replacement housing could be located on
residentially designated areas in the Project Area, as well as other areas in the City
Rosenow Spevacek Group, Inc.
June 1, 1998
Chula Vista Redevelopment Agency
lVI-4 Town Centre 1 Amendment No. 5-
TC - ( 0 7 -;3 Reporlto the City Council
designated for residential uses in the General Plan. The Agency is required to replace
affordable housing destroyed or removed as a consequence of a redevelopment project.
Section 33413(a) of the Law provides that, whenever dwelling units housing persons and
families of low or moderate income are destroyed or removed from the affordable
housing market as a part of a redevelopment project that is subject to a written agreement
with the agency, or where financial assistance has been provided by the agency, the
agency shall provide, or cause to be provided, an equal number of replacement dwelling
units. The replacement dwelling units must have an equal or greater number of bedrooms
as those destroyed or removed and shall be affordable to persons and families of low or
moderate income. Further, replacement dwelling units must be available for occupancy
within four years of the destruction or removal of any affordable dwelling units.
D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for
Construction or Rehabilitation Other than Replacement Housing
Since the Project Area is built out, no units are anticipated to be constructed in the Project
Area. However, as the Agency implements recycling and rehabilitation activities, staff
estimates that approximatelylOOdwelling units could be rehabilitated over the remaining
18 years of the Plan. None of these are considered to need substantial rehabilitation at
this time. Because the Agency has not yet formulated specific housing development or
rehabilitation proposals, it is not possible to determine the exact number of low and
moderate income units expected to be developed or rehabilitated at this time.
E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low
and Moderate Income Households
The Agency intends to utilize not less than 20% of the Project's tax increment revenues
to finance the rehabilitation and construction of housing for low and moderate income
households, in accordance with the provisions of the Law as it now exists or may
hereafter be amended. The Agency will also cooperate with the City to pool funds and
Rosenow Spevacek Group, Inc.
June 1, 1998
M-5
-r~
Chu1a Vista Redevelopment Agency
Town Centre I Amendment No. 5-
10 8' _ t3 Report to tile City Council
resources beyond the tax increment set aside funds if it is determined to be necessary by
both bodies in order to improve the City's affordable housing stock.
F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement
Housing Objectives
Any relocation needs will be met prior to displacement as required by law. All relocation
activities will comply with the Method of Relocation contained in Section F of this
Report. It is anticipated that the Agency will implement a housing rehabilitation program
on an annual basis as funds are available. Construction of any replacement housing units,
if necessary, will achieve or exceed the required four-year requirement described in
Subsection "A" above.
Rosenow Spevacek Group, Inc.
June 1, 1998
Chula Vista Redevelopment Agency
M-6 Town Centre I Amendment No. 5-
T C - ( 09 _ is Report to tile City Council
SECTION N
A Summary of Agency Consultation with Affected
Taxing Entities and a Response to Said Entities'
Concerns Regarding the Amendment
According to the San Diego Auditor-Controller's office, the following 9 taxing entities levy
taxes within the Project Area:
City of Chula Vista
County of San Diego
San Diego County Office of Education
Chula Vista Elementary School District
Sweetwater Union High School District
Southwestern Community College District
San Diego County Water Authority
Metropolitan Water District
South Bay Irrigation District
On November 12, 1997, these entities were notified, via certified mail, of the Statement of
Preparation of the Amendment. On April 23, 1998, also via certified mail, the Preliminary
Report and Draft Amended Redevelopment Plan for the Project were transmitted to these
entities; as a part of that transmittal, the Agency offered to consult with the affected taxing
entities pursuant to Section 33328 of the Law. In addition, these entities were provided with
notification and copies of the EIR and were notified via certified mail of the joint public hearing
on the Plan and were given all other notices required under the Law.
As of May 29,1998, the Agency has not been contacted by any of the affected taxing entities in
response to the Agency's offers to consult on the Amendment.
Rosenow Spevacek Group, Inc.
June 2, 1998
N-l
-rC -110-13
Chu/a Vista Redevelopment Agency
Town Centre I Amendment No. 5-
Report to the City Council
.
.
EXHIBIT "BF.A"
BayfrontlRedeve1opmentProject "AmendmeirtNo. 5
Redevelopment Plan
.
.
.
.
.
.
.
.
Prepared for:
City ofChula Vista Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 91910
Rosenow Spevacek Group, Inc.
540 N. Golden Circle, Suite 305
Santa Ana, CA 92705
Phone 714.541.4585
760.967.6462
Fax 714.836.1748
E-Mail: RSGINCCA@aol.com
I3F-f-,LJ
.
SECTION I.
(100)
TABLE OF CONTENTS
INTRODUCTION..........................................................................1
A. General.... ........ ...... ... ... .... ...... ....... .... .............. ...... .... ... ... .... .................. ..... ........ I
SECTION II. (200)
SECTION III. (300)
SECTION IV. (400)
SECTION V. (500)
SECTION VI. (600)
BACKGROUND ............................................................................2
GENERAL DEFINITIONS ..........................................................2
PROJECT AREA BOUNDARIES ...............................................4
REDEVELOPMENT PLAN OBJECTIVES ..............................4
REDEVELOPMENT ACTIONS .................................................5
A. General......... ... ... .... ... .... ... ... ..... ..... .... ...... ... ..... ... .... ... ... ... ........... .... ......... ..........5
B. Property Acquisition. .... ...... ..... ......... ... ... ... ..... ..................................................7
C. Participation by Owners and Persons Engaged in Business .............................7
D. Implementing Rules.. .... ... ... ... .................... ..... .... ... ... ...... ..................................9
E. Cooperation with Public Bodies .......................................................................9
F. Property Management... ... ... .......... .......... ... ..... ....... ...... ... ...... ....... .....................9
G. Payments to Taxing Agencies ........................................................................10
H. Relocation of Persons Displaced by a Project ................................................10
1. Demolition, Clearance, Public rmprovements, Site
Preparation and Removal of Hazardous Waste ..............................................1 I
J. Rehabilitation, Moving of Structures by the Agency and Seismic Repairs....12
K. Property Disposition and Development..........................................................13
L. Provision for Low and Moderate Income Housing ........................................17
SECTION VII. (700)
USES PERMITTED IN THE PROJECT AREA .....................17
A. Map and Uses Permitted.................................................................................17
B. Public Uses .... ....... ... .... ....... ....... ... ... .... ... ..... ... ....... ......... ... ... ......... ................ .17
C. Nonconforming Uses ... ... ...... ..... ...... .... ... ... ..... ... ......... ....... ..................... ....... .18
D. Interim Uses ...... ... .... ... .... ... ..... ......... .................. ......... ....... ... .................... ..... .18
E. General Controls and Limitations...................................................................18
F. Design for Development .............. .... ... ... ... ... ...... ......... ............ ........................2 I
G. Building Permits .. ....... .... ... .......... ... ....... ...... ..... .... ... ... ... .... .................. ......... ..21
H. Port District Tidelands ... ... ... ..... ... ... ....... ........ ... ................... ......... ................ ..22
SECTION VIII. (800)
METHODS FOR FINANCING THE PROJECT ....................23
A. General Description of the Proposed Financing Methods ..............................23
B. Tax Increment Revenue ...... ....... ....... ............... ... ... ... ... ... .... ....... ........... ......... .23
C. Agency Bonds.... ... .... ... .... ... .......... .... ... ... ... ..... ........................... ............. ....... .25
D. Other Loans and Grants ..................................................................................25
E. Rehabilitation Loans, Grants and Rebates......................................................25
,t3r -.;2. - /l
.~"
SECTION IX. (900) ACTIONS BY THE CITY..........................................................25
SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT .........................26
SECTION XI. (1100) PLAN LIMIT A TIONS ................................................................27
A. Amount ofIndebtedness Outstanding At Any One Time...............................27
B. Amount of Cumulative Tax Increment Revenue ............................................27
C. Time Frame to Incur Indebtedness .................................................................27
D. Duration of This Plan..... ... ..... ..... .... ... ................. ...... ... .............. .................... .28
E. Time Frame to Collect Tax Increment Revenue.............................................28
SECTION XII. (1200) PROCEDURE FOR AMENDMENT .........................................28
Exhibit A:
Exhibit B:
Project Area Map
Legal Description
I3F -3 -/1
SECTION I. (100) INTRODUCTION
A. (101) General
This is the Amended Redevelopment Plan for the Bayfront Redevelopment Project
("Plan"), located in the City of Chula Vista, County of San Diego, State of California. It
consists of the text (Sections 100 through 1200), the Project Area Map of the Bayfront
Redevelopment Project Area ("Project Area") (Exhibit A), and the legal description of
the Project Area boundaries (Exhibit B).
This Plan has been prepared by the Chula Vista Redevelopment Agency ("Agency")
pursuant to the Califomia Community Redevelopment Law (Health and Safety Code
Section 33000, et seq.), the California Constitution and all applicable laws and
ordinances. It does not present a specific plan for the redevelopment, rehabilitation and
revitalization of any area within the Project Area; instead, it establishes a process and
framework for implementation. This Plan is based upon the Preliminarv Plan for
Amendment No.5 to the Bavfront Redevelopment Plan formulated and adopted by the
Chula Vista Planning Commission and the Agency on July 23,1997 and October 7,1997,
respectively.
This Plan amends and supersedes the existing Redevelopment Plan for the Bayfront
Redevelopment Project ("Project"), originally adopted on July 16, 1974, and most
recently, amended on November 8, 1994 ("Existing Plan")., This Plan will amend the
Existing Plan as follows:
1. Increase the size of the Project Area by approximately 398 acres by incorporating
property within the jurisdiction of the San Diego Unified Port District ("Port
District"),
2. Extend, to July 2010, the time frame within which the Agency may commence
eminent domain proceedings to acquire property in the Project Area,
3. Extend, to January 1, 2004, the time frame within which the Agency may incur
indebtedness for the existing Bayfront Redevelopment Project Area ("Existing
Area"),
4. Extend, to July 16, 20 I 4, the effectiveness of the Existing Plan for the Existing Area,
5. Extend, to July 16, 2024, the time period within which the Agency may collect tax
increment revenue from the Existing Area,
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6. Replace the Existing Plan's Statement of Basic Objectives, General Land Use Plan,
and Controls to more comprehensively correlate to the Agency's current goals, and to
provide that land uses in the Project Area are to be consistent with the City's General
Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, the
Port District's Master Plan, and all other state and local building codes, guidelines, or
specific plans, as they now exist or are hereafter amended, and
7. Restate the remaining provisions of the Existing Plan.
SECTION II. (200) BACKGROUND
The Existing Plan was originally adopted by the City Council by Ordinance No. 1541 on July 16,
1974. Since this action, the Existing Plan has been amended on four separate occasions. On July
17, 1979, the City Council adopted Ordinance No. 1872 that merged the financial provisions of
the Existing Plan with the Town Centre I Redevelopment Plan. On April 22, 1986, the City
Council adopted Ordinance No. 2146 that amended the Existing Plan for a second time by
enacting new time limits to enact eminent domain and incur debt, while establishing a
cumulative tax increment limit. Amendment No.3 was adopted by the City Council on January
4, 1994 by Ordinance No. 2585, when the City Council amended the tax increment and bonded
indebtedness limits for the Project. The fourth amendment to the Existing Plan occurred on
November 8, 1994, when the City Council adopted Ordinance No. 2608 that established a time
limit on the collection of tax increment.
SECTION III. (300) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless otherwise
specified herein:
A. "Added Area" shall mean the territory added to the Project Area by Ordinance
No. adopted on adopting this Plan, as such territory is
depicted on the Map.
B. "Agency" means the Chula Vista Redevelopment Agency.
C. "Amendment 5" shall mean the fifth amendment to the Bayfront Redevelopment
Plan, adopted on , 1998 by Ordinance No. _'
D. "Annual Work Program" means that portion of the Agency's annual budget that
sets forth programs and goals to be accomplished by the Agency during the fiscal
year.
E. "City" means the City of Chula Vista, California.
F. "City Council" means the legislative body of the City.
G. "County" means the County of San Diego, California.
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H. "Disposition and Development Agreement" means an agreement between a
developer and the Agency that sets forth terms and conditions for improvement
and redevelopment.
1. "General Plan" means the City's General Plan, a comprehensive and long-term
general plan for the physical development of the City.
J. "Legal Description" means the metes and bounds legal description of the Project
Area attached hereto as Exhibit B.
K. "Map" means the map of the Project Area attached hereto as Exhibit A.
L. "Method of Relocation" means the methods or plans adopted by the Agency
pursuant to Sections 33352(f) and 3341 I of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or permanently
displaced by actions of the Agency.
M. "Original Area" shall mean the territory originally included in the Project Area by
Ordinance No. 1541, adopted on July 16, 1974.
N. "Owner" shall mean and include the owner ofreal or personal property located in
the Project Area or owner of business located in the Project Area.
O. "Owner Participation Agreement" means an agreement between the Agency and
an Owner which sets forth terms and conditions for use of property, and/or its
improvement and/or its redevelopment as to a specific property.
P. "Person" means an individual(s), or any public or private entities.
Q. "Plan" means the Redevelopment Plan for the Bayfront Redevelopment Project,
as amended.
R. "Project" means the Bayfront Redevelopment Project.
S. "Project Area" means the Bayfront Redevelopment Project Area (comprised of
the Original Area and the Added Area), which is the territory this Plan applies to,
as shown on Exhibit A.
T. "Redevelopment Law" means the California Community Redevelopment Law
(Health and Safety Code, Sections 33000, et seq.) as it now exists or may be
hereafter amended.
U. "State" means the State of California.
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V. "State Law" means an enactment of State of California, and includes such
regulations as have the force oflaw.
SECTION IV. (400) PROJECT AREA BOUNDARIES
The boundaries of the Project Area are illustrated on the map attached hereto and incorporated
herein as Exhibit A. The legal description of the boundaries of the Project Area is as described
in Exhibit B attached hereto and incorporated herein.
SECTION V. (SOO) REDEVELOPMENT PLAN OBJECTIVES
rmplementation of this Plan is intended to achieve the following objectives:
. Create physical buffers which ameliorate the adverse effects of changing land uses
along interfaces.
. Discourage "spot zoning" and piecemeal planning practices.
. Provide adequate roadways to correct street alignment problems, to provide
adequate circulation and access to freeways.
. Eliminate and preventing the spread of blight and deterioration and to conserve,
rehabilitate, and redevelop the Project Area in accordance Vvith this Plan and future
Annual Work Programs.
. Encourage tourism, including the development of high-quality hotels, motels,
restaurants, and meeting facilities.
. Provide for the enhancement and renovation of businesses Vvithin the Project Area
to promote their economic viability.
. Encourage cooperation and participation of property owners, business persons,
public agencies and community organizations in the revitalization of the Project
Area.
. Stimulate investment of the private sector in the full development of the Project
Area.
. Provide needed improvements to the community's recreational, cultural, and other
community facilities to better serve the Project Area.
. Promote public improvement facilities which are sensitive to the umque
environmental qualities of the Project Area.
. Expand the resource of developable land by making underutilized land available for
development.
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. Renovate and restore sites characterized by deficiencies including, but without
limitations, conditions of soil which render private development infeasible or
impractical.
. Alleviate certain environmental deficiencies including substandard vehicular and
pedestrian circulation systems, insufficient off-street parking and other similar
public improvements.
. Improve local drainage conditions that constrain the development of various
parcels in the Project Area, the cost of which cannot be borne by private enterprise,
governmental action, or both, without redevelopment.
. Achieve an environment reflecting a high level of concern for architectural,
landscape, and urban design principles appropriate to the objectives of this Plan.
. Provide low and moderate income housing as is required to satisfy the needs and
desires of the various age and income groups of the community, maximizing the
opportunity for individual choice, and meeting the requirements of State Law.
. Develop safeguards against noise and pollution to enhance the
industrial/commercial community.
. To the extent possible, for all redevelopment projects undertaken under this Plan,
preference in hiring for jobs created by these redevelopment actions should be
given to City residents.
SECTION VI.
(600) REDEVELOPMENT ACTIONS
A. (601) General
The Agency proposes to alleviate and prevent the spread of blight and deterioration in the
Project Area by:
1. The acquisition, installation, construction, reconstruction, redesign, or
reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices,
flood control facilities, and other public improvements.
2. The rehabilitation, remodeling, demolition, or removal of buildings,
structures, and improvements.
3. The rehabilitation, development, preservation, or construction of
affordable housing in compliance with State Law.
4. Providing the opportunity for participation by owners and tenants
presently located in the Project Area and the extension of preferences to
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occupants desiring to remain or relocate within the redeveloped Project
Area.
5. Providing relocation assistance to displaced residential and nonresidential
occupants in accordance with applicable State Law.
6. The development or redevelopment of land by private enterprise or public
agencies for purposes and uses consistent with the objectives of this Plan.
7. The acquisition of real property by purchase, gift, device, or any other
lawful means, or, where it is deemed necessary, by exercising the power
of eminent domain as permitted by Section 603 of this Plan and after
conduct of appropriate public hearings.
8. The combining of parcels, properties, site preparation, and construction of
necessary off-site improvements.
9. Providing for open space.
10. Managing of any property acquired by the Agency.
I 1. Assisting in providing financing for the construction of commercial and
industrial buildings to increase the economic base of the Project Area and
the City, and the number of temporary and permanent jobs in the Project
Area.
12. The disposition of property including the lease or sale ofland at the value
determined by the Agency for reuse in accordance with this Plan.
13. Providing for the retention of controls, and the establishment of
restrictions or covenants running v.ith the land, so that property will
continue to be used in accordance with this Plan.
14. The closure or vacation of certain streets and the dedication of other areas
for public purposes.
15. Providing replacement housing, if any is required.
16. Applying for, receiving and utilizing grants and loans from federal or state
governments or any other source.
To accomplish these actions and to implement this Plan, the Agency is authorized to use
the powers provided in this Plan, and the powers now or hereafter permitted by the
Redevelopment Law and any other State law.
B. (602) Property Acquisition
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1. (603) Acquisition of Real Propertv
The Agency may acquire real property by any means authorized by law,
including by gift, grant, exchange, purchase, cooperative negotiations, lease
or any other means authorized by law including eminent domain. However,
the Agency shall not exercise the power of eminent domain to acquire any
property within the Added Area.
Except as otherwise provided by law, no eminent domain proceeding to acquire
property within the Project Area shall be commenced after twelve (12) years
following the date of adoption of the ordinance adopting Amendment 5. Such
time limitations may be extended only by amendment of this Plan.
To the extent required by law, the Agency shall not acquire real property on
which an existing building is to be continued on its present site and in its present
form and use without the consent of the owner, unless: (1) such building requires
structural alteration, improvement, modernization or rehabilitation; or (2) the site
or lot on which the building is situated requires modification in size, shape or use;
or (3) it is necessary to impose upon such property any of the standards,
restrictions and controls of this Plan and the owner fails or refuses to participate in
the Plan pursuant to Sections 605 to 609 of this Plan and applicable provisions of
the Redevelopment Law.
2. (604) Acquisition of Personal Property
Where necessary in the implementation of this Plan, the Agency is authorized to
acquire personal property by any lawful means.
C. (605) Participation bv Owners and Persons Engaged in Business
1. (606) Owner Participation
This Plan provides for opportunities for participation in the redevelopment of
property in the Project Area by the owners of all or part of such property if the
owners agree to participate in the redevelopment in conformity with this Plan.
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Opportunities to participate in the redevelopment of property in the Project Area
may include without limitation the rehabilitation of property or structures; the
retention of improvements; the development of all or a portion of the participant's
property; the acquisition of adjacent or other properties from the Agency;
purchasing or leasing properties in the Project Area; participating with developers
in the improvement of all or a portion of a participant's properties; or other
suitable means consistent with objectives and proposals of this Plan and with the
Agency's rules governing owner participation and re-entry.
In addition to opportunities for participation by individual persons and firms,
participation, to the extent it is feasible, shall be available for two or more
persons, firms or institutions, to join together in partnerships, corporations, or
other joint entities.
The Agency desires participation in redevelopment activities by as many owners
and business tenants as possible. However, participation opportunities shall
necessarily be subject to and limited by such factors as the provision or expansion
of public improvements and/or public utilities facilities; elimination and changing
of land uses; realignment of streets; the ability of owners and business tenants to
finance acquisition and development activities in accordance with this Plan;
development experience, where applicable, availability of franchises, whether the
proposed activities conform to and further the goals and objectives of this Plan;
and any change in the total number of individual parcels in the Project Area.
2. (607) Reentrv Preferences for Persons Engaged in Business in the Proiect Area
The Agency shall extend reasonable preferences to persons who are engaged in
business in the Project Area to relocate and reenter in business in the redeveloped
area, if they otherwise meet the requirements prescribed by this Plan and the
Agency's rules governing owner participation and re-entry.
3. (608) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and be
subject to the provisions hereof. In the Owner Participation Agreement,
participants who retain real property shall be required to join in the recordation of
such documents as are necessary to make the provisions of this Plan applicable to
their properties.
Owner Participation Agreement shall include appropriate remedies such as the
ability of the Agency to declare the Agreement terminated and acquire the real
property or any interest therein, and sell or lease such real property or interest
therein for rehabilitation or development in accordance with this Plan in the event
a participant breaches the terms of such Owner Participation Agreement.
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If conflicts develop between the desires of participants for particular sites or land
uses, the Agency is authorized to establish reasonable priorities and preferences
among the owners and tenants.
Where the Agency determines that a proposal for participation is not feasible, is
not in the best interests of the Agency or City, or that redevelopment can best be
accomplished without affording a participant an opportunity to execute an Owner
Participation Agreement, the Agency shall not be required to execute such an
agreement.
D. (609) Implementing Rules
The provisions of Sections 605-608 of this Plan shall be implemented according to the
rules adopted by the Agency prior to the approval of the ordinance amending this Plan,
which may be amended from time to time by the Agency. Such rules allow for Owner
Participation Agreements with the Agency.
E. (610) Cooperation with Public Bodies
Certain public bodies are authorized by State law to aid and cooperate, with or without
consideration, in the planning and implementation of activities authorized by this Plan.
The Agency shall seek the aid and cooperation of such public bodies and shall attempt to
coordinate the implementation of this Plan with the activities of such public bodies in
order to accomplish the purposes of redevelopment and to achieve the highest public
good.
Property of a public body shall not be acquired without its consent in accordance with
State Law. The Agency shall seek the cooperation of all public bodies which own or
intend to acquire property in the Project Area. All plans for development of property in
the Project Area by a public body shall be subject to Agency approval.
Subject to Section 720 of this Plan, the Agency may impose on all public bodies the
planning and design controls contained in and authorized by this Plan to ensure that
present uses and any future development by public bodies will conform to the
requirements of this Plan. The Agency is authorized, to the extent permissible by law, to
financially (and otherwise) assist public bodies in the cost of public land, buildings,
facilities, structures or other improvements (within or outside the Project Area) where
such land, buildings, facilities, structures, or other improvements are of benefit to the
Project Area.
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F. (611) Property Management
During such time as property, if any, in the Project Area is owned by the Agency, such
property shall be under the management and control of the Agency. Such properties may
be rented or leased by the Agency pending their disposition.
G. (612) Pavments to Taxing Agencies
The Agency may pay, but is not required to pay, in any year during which it owns
property in the Project Area directly to any City, County or district, including, but not
limited to, a school district, or other public corporation for whose benefit a tax would
have been levied upon such property had it not been tax exempt, an amount of money in
lieu of taxes.
In addition, to the extent required by State Law, the Agency shall remit payments to the
affected taxing agencies in a manner consistent with Section 33607.7, Section 33676(b),
and any other pertinent and applicable sections of the Redevelopment Law.
All such amounts shall be calculated after the amount required to be deposited in the Low
and Moderate Income Housing Fund has been deducted from the total amount of tax
increment funds received by the Agency in the applicable fiscal year. Such payments
shall be reduced in accordance with the provisions of Section 33607.5 of the
Redevelopment Law or any other applicable statute. Such payments shall be the
exclusive payments that are required to be made by the Agency to affected taxing entities
for the duration of this Plan. Such payments may be subordinated to loans, bonds, or
other Agency indebtedness as provided by the Redevelopment Law.
H. (613) Relocation of Persons Displaced bv a Project
I. (614) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et seq.) ("Relocation Assistance Act"), the
guidelines adopted and promulgated by the California Department of Housing and
Community Development (the "Relocation Guidelines") and the Method of
Relocation adopted by the Agency, the Agency shall provide relocation benefits
and assistance to all persons (including families, business concerns, and others)
displaced by Agency acquisition of property in the Project Area as may be
required by law. Such relocation assistance shall be provided in the manner
required by the Method of Relocation. The Agency shall make a reasonable effort
to relocate displaced individuals, families, and commercial and professional
establishments within the Project Area. The Agency is also authorized to provide
relocation for displaced persons outside the Project Area.
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2. (615) Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by law and in
conformance with the Method of Relocation, Relocation Guidelines, Relocation
Assistance Act, the Redevelopment Law, and any other applicable rules and
regulations.
1. (616) Demolition. Clearance. Public Improvements. Site Preparation and Removal
of Hazardous Waste
1. (617) Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or pursuant to an
agreement with the owner of property, to demolish, clear or move buildings,
structures, or other improvements from any real property as necessary to carry out
the purposes of this Plan.
2. (618) Public Improvements
To the greatest extent permitted by law, the Agency is authorized to install and
construct or to cause to be installed and constructed the public improvements and
public utilities (within or outside the Project Area) necessary to carry out the
purposes of this Plan. Such public improvements include, but are not limited to:
over or underpasses; bridges; streets; curbs; gutters; sidewalks; street lights;
sewers; storm drains; traffic signals; electrical distribution systems' natural gas
distribution systems; cable TV and fiber optic communication systems; water
distribution systems; parks; plazas; playgrounds; motor vehicle parking facilities;
landscaped areas; schools; civic; cultural; stadium, arena, and other recreational
facilities; and pedestrian improvements. The public facilities and infrastructure
improvement projects that may be undertaken by the Agency pursuant to this Plan
are identified in the City's General Plan, the Local Coastal Plan, and the City and
Port District's Capital Improvement Programs, and incorporated herein by
reference.
The Agency, as it deems necessary to carry out the Plan and subject to the consent
of the City Council, as may be required by the Redevelopment Law, may pay all
or part of the value of the land for and the cost of the installation and construction
of any building, facility, structure or other improvement which is publicly owned
either within or outside the Project Area, upon both the Agency and the City
Council making the applicable determinations required pursuant to the
Redevelopment Law.
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When the value of such land or the cost of the installation and construction of
such building, facility, structure or other improvement, or both, has been, or will
be, paid or provided for initially by the City or other public corporation, the
Agency may enter into a contract Vvith the City or other public corporation under
which it agrees to reimburse the City or other public corporation for all or part of
the value of such land or all or part of the cost of such building, facility, structure
or other improvements, or both, by periodic payments over a period of years.
Any obligation of the Agency under such contract shall constitute an indebtedness
of the Agency for the purposes of carrying out this Plan.
3. (619) Preparation of Building Sites
Any real property owned or acquired by the Agency may be developed as a
building site. rn connection with such development it may cause, provide, or
undertake or make provisions with other agencies for the installation, or
construction of streets, utilities, parks, playgrounds and other public
improvements necessary for carrying out this Plan.
4. (620) Removal of Hazardous Waste
To the extent legally allowable, the Agency may, in its sole discretion, take any
actions which the Agency determines are necessary and which are consistent with
other State and federal laws, to remedy or remove a release of hazardous
substances on, under, or from property within the Project Area.
J. (621) Rehabilitation. Moving of Structures by the Agencv and Seismic Repairs
I. (622) Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be
rehabilitated and conserved, any property, building or structure owned by the
Agency. The Agency is also authorized to advise, encourage, and assist (through
a loan program or otherwise) in the rehabilitation and conservation of property,
buildings or structures in the Project Area not owned by the Agency to the extent
permitted by the Redevelopment Law as it exists now or may be hereafter
amended. The Agency is authorized to acquire, restore, rehabilitate, move and
conserve buildings of historic or architectural significance.
The Agency is authorized to conduct a program of assistance and enforcement to
encourage owners of property within the Project Area to upgrade and maintain
their property consistent with this Plan and such standards as may be developed
for the Project Area.
The extent of rehabilitation in the Project Area shall be subject to the discretion of
the Agency based upon such objective factors as:
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a. Compatibility of rehabilitation with land uses as provided
for in this Plan.
b. Economic feasibility of proposed rehabilitation and
conservation activity.
c. Structural feasibility of proposed rehabilitation and
conservational activity.
d. The undertaking of rehabilitation and conservation
activities in an expeditious manner and in conformance
with the requirements of this Plan and such property
rehabilitation standards as may be adopted by the Agency.
e. The need for expansion of public improvements, facilities
and utilities.
f. The assembly and development of properties in accordance
with this Plan.
The Agency may adopt property rehabilitation standards for the rehabilitation of
properties in the Project Area.
2. (623) Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized to move, or to
cause to be moved, any building structures or other improvements from any real
property acquired which can be rehabilitated to a location within or outside the
Project Area.
3. (624) Seismic Repairs
For any project undertaken by the Agency within the Project Area for building
rehabilitation or alteration in construction, the Agency may, by following all
applicable procedures which are consistent with local, State, and federal law, take
those actions which the Agency determines are necessary to provide for seismic
retrofits.
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K. (625) Property Disposition and Development
I. (626) Real Propertv Disposition and Development
a. (627) General
F or the purposes of this Plan, the Agency is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or
deed of trust, or otherwise dispose of any interest in real property . To the
extent permitted by law, the Agency is authorized to dispose of real
property by negotiated lease or sale without public bidding. Except as
otherwise permitted by law, before any interest in property of the Agency
acquired in whole or in part, directly or indirectly, with tax increment
moneys is sold or leased for development pursuant to this Plan, such sale
or lease shall be first approved by the City Council after public hearing,
together with such findings as may then be required by State law.
The real property acquired by the Agency in the Project Area, except
property conveyed to it by the City, shall be sold or leased to public or
private persons or entities for improvement and use of the property in
conformance with this Plan. Real property may be conveyed by the
Agency to the City, and where beneficial to the Proj ect Area, to any other
public body without charge or for an amount less than fair market value.
All purchasers or lessees of property from the Agency shall be obligated to
use the property for the purposes designated in this Plan, to begin and
complete improvement of such property within a period of time which the
Agency fixes as reasonable, and to comply with other conditions which
the Agency deems necessary to carry out the purposes of this Plan.
During the period of redevelopment in the Project Area, the Agency shall
ensure that all provisions of this Plan, and other documents formulated
pursuant to this Plan, are being observed, and that development of the
Project Area is proceeding in accordance with applicable development
documents and time schedules.
All development, whether public or private, must conform to this Plan and
all applicable federal, State, and local laws, including without limitation
the City's General Plan and Title 19 of the Chula Vista Municipal Code,
Local Coastal Program, Port District's Master Plan, and all other state and
local building codes, guidelines, or specific plans as they now exist or are
hereafter amended. Such development must receive the approval of all
appropriate public agencies.
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b. (628) Purchase and Development Documents
To provide adequate safeguards to ensure that the provisions of this Plan
will be carried out and to prevent the recurrence of blight, all real property
sold, leased, or conveyed by the Agency, as well as all property subject to
Owner Participation Agreements, shall be made subject to the provisions
of this Plan by leases, deeds, contracts, agreements, declarations of
restrictions, provisions of the City's General Plan and Title 19 of the Chula
Vista Municipal Code, Local Coastal Program, Port District's Master Plan,
and all other state and local building codes, guidelines, or specific plans as
they now exist or are hereafter amended, conditional use permits, or other
means. Where appropriate, as determined by the Agency, such documents
or portions thereof shall be recorded in the office of the Recorder of the
County.
Leases, deeds, contracts, agreements, and declarations of restrictions of
the Agency may contain restrictions, covenants, covenants running with
the land, rights of reverter, conditions subsequent, equitable servitudes, or
any other provisions necessary to carry out this Plan.
The Agency shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may be necessary to
prevent transfer, retention, or use of property for speculative purposes and
to ensure that redevelopment is carried out pursuant to this Plan.
The Agency shall obligate lessees and purchasers of real property acquired
in redevelopment projects and owners of property improved as part of a
redevelopment project to refrain from discrimination or segregation based
upon race, color, creed, religion, national origin, ancestry, sex, or marital
status in the sale, lease, sublease, transfer, use occupancy, tenure or
enjoyment of property in the Project Area. All property sold, leased,
conveyed, or subject to Disposition and Development Agreements shall be
expressly subject by appropriate documents to the restriction that all
deeds, leases, or contracts for the sale, lease, sublease or other transfer of
land in the Project Area shall contain such nondiscrimination and non-
segregation clauses as are required by law.
2. (629) Personal Propertv Disposition
For the purposes of this Plan, the Agency is authorized to sell, lease, exchange,
subdivide, transfer, assign, pledge, encumber, or otherwise dispose of personal
property.
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3. (630) Prevention of Discrimination
a. Redevelopment
The redeveloper shall comply Vvith all state and local laws, in effect from
time to time, prohibiting discrimination or segregation by reason of race,
color, creed, religion, sex, marital status, national origin or ancestry, in the
sale, lease or occupancy ofthe property.
Pursuant to the California Health and Safety Code (Sections 33337 and
33435-33536), contracts entered into by the Agency relating to the sale,
transfer or leasing of land, or any interest therein acquired by the Agency
within any redevelopment area or project, shall comply with the
provisions of said sections in substantially the form set forth therein. All
such contracts shall further provide that the provisions of said section shall
be binding upon and shall obligate the contracting party or parties and all
other transferees under the instrument.
b. Contracts
All deeds, leases, or contracts for the sale, lease, sublease or other transfer
of any land in the Project Area shall contain the following
nondiscrimination clauses as prescribed by California Health and Safety
Code, Section 33436: In deeds the following language shall appear:
"The grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators and assigns, and all persons
claiming under or through them, that there shall be no
discrimination against, or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of the premises
herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
In leases, the folloVving language shall appear:
"The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons
claiming under or through him or her, and this lease is made and
accepted upon and subject to the following conditions:
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"That there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment, of the premises herein leased, nor shall the lessee
himself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number,
use, or occupancy of tenants, subleases, subtenants, or vendees in
the premises herein leased."
L. (63 I) Provision for Low and Moderate Income Housing
The Agency shall comply with all of the low and moderate income housing requirements
of the Redevelopment Law which are applicable to this Plan, including applicable
expenditure, replacement, and inclusionary housing requirements, and in connection
therewith, the Agency shall have all of the powers and authorization to act as may, from
time to time, be provided by the Redevelopment Law and other applicable provisions of
law.
SECTION VII. (700) USES PERMITTED IN THE PROJECT AREA
A. (701) Map and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the location of
the Project Area boundaries. The land uses permitted by this Plan shall be those
permitted by the City's General Plan and Title 19 of the Chula Vista Municipal Code,
Local Coastal Program, Port District's Master Plan, and all other state and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended.
B. (702) Public Uses
I. (703) Public Street Layout, Rights-of- Wav and Easements
The public street system and street layout for the Project Area is illustrated on the
Project Area Map identified as Exhibit A. The street system in the Project Area
shall be developed in accordance with the City's General Plan and Title 19 of the
Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan,
and all other state and local building codes, guidelines, or specific plans as they
now exist or are hereafter amended.
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Certain streets and rights-of-way may be widened, altered, abandoned, vacated, or
closed by the City or Port District as necessary for proper development of the
Project Area. AdditionaJ easements may be created by the Agency, City, and Port
District in the Project Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian
traffic as well as for public improvements, public and private utilities, and
activities typically found in public rights-of-way. In addition, all necessary
easements for public uses, public facilities, and public utilities may be retained or
created.
2. (704) Other Public and Open Space Uses
Both within and, where appropriate, outside of the Project Area, the Agency may
take actions to establish, or enlarge public, institutional, or non-profit uses,
including, but not limited to, schools, community centers, auditorium and civic
center facilities, criminal justice facilities, park and recreational facilities, parking
facilities, transit facilities, libraries, hospitals, educational, fraternal, philanthropic
and charitable institutions or other similar associations or organizations. All such
uses shall be deemed to conform to the provisions of this Plan provided that such
uses conform with all other applicable laws and ordinances and that such uses are
approved by the City or the Port District. The Agency may impose such other
reasonable restrictions as are necessary to protect development and uses in the
Project Area.
C. (705) Nonconforming Uses
The Agency is authorized but not required to permit an existing use to remain in an
existing building in good condition if the use does not conform to the provisions of this
Plan, provided that such use is generally compatible with existing and proposed
developments and uses in the Project Area.
The Agency may take actions to, but is not required to, authorize additions, alterations,
repairs or other improvements in the Project Area for buildings which do not conform to
the provisions of this Plan where, in the determination of the Agency, such improvements
would be compatible with surrounding Project Area uses and proposed development.
D. (706) Interim Uses
Pending the ultimate development of land by developers and participants, the Agency is
authorized to use or permit the use of any land in the Project Area for interim uses not in
conformity with the uses permitted in this Plan. Such interim use, however, shall
conform to City's General Plan and Title 19 of the Chula Vista Municipal Code, Local
Coastal Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended.
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E. (707) General Controls and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan. No real property shall be developed, redeveloped,
rehabilitated, or otherwise changed after the date of the adoption of this Plan except in
conformance with the goals and provisions of this Plan and the regulations and
requirements of the City's General Plan and Title 19 of the Chula Vista Municipal Code,
Local Coastal Program, Port District's Master Plan, and all other state and local building
codes, guidelines, or specific plans as they now exist or are hereafter amended. The land
use controls of this Plan shall apply for the periods set forth in Section 1100 below. The
type, size, height, number and use of buildings within the Project Area will be controlled
by the City's General Plan and Title 19 of the Chula Vista Municipal Code, Local Coastal
Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended.
I. (708) New Construction
All construction in the Project Area shall comply with all applicable State and
local laws in effect from time to time. In addition to applicable City or Port
District land use regulations and requirements in the Project Area, additional
specific performance and development standards may be adopted by the Agency
to control and direct improvement activities in the Project Area.
2. (709) Rehabilitation
Any existing structure within the Project Area which the Agency enters into an
agreement for retention and rehabilitation shall be repaired, altered, reconstructed,
or rehabilitated in accordance with the applicable law and in such a manner that it
will meet the following requirements: be safe and sound in all physical respects,
be attractive in appearance and not detrimental to the surrounding uses.
3. (710) Number of Dwelling Units
The total number of dwelling units in the Project Area shall be regulated by the
City's General Plan and the Port District's Master Plan. As of the date of
adoption of this Plan, there are no dwelling units in the Project Area.
4. (711) Open Space and Landscaping
The approximate amount of open space to be provided in the Project Area is the
total of all areas so designated in the City's General Plan and Title 19 of the Chula
Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all
other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended, and those areas in the public rights-of-way or provided
through site coverage limitations on new development as established by the City
or Port District and this Plan. Landscaping shall be developed in the Project Area
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to ensure optimum use of living plant material in conformance with the standards
of the City and Port District.
5. (712) Limitations on Tvpe. Size and Height of Buildings
The limits on building intensity, type, size and height, shall be established in
accordance with the provisions of the City's General Plan and Title 19 of the
Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan,
and all other state and local building codes, guidelines, or specific plans as they
now exist or are hereafter amended.
6. (713) Signs
All signs shall conform to the requirements of the City and Port District. Design
of all proposed new signs shall be subject to the review of the City or Port District
and the procedures of this Plan.
7. (714) Utilities
The Agency, in conformity with municipal code, and City and Port District
policies, shall require that all utilities be placed underground whenever physically
possible and economically feasible on projects funded in whole or in part by the
Agency or subject to a Disposition and Development Agreement or an Owner
Participation Agreement.
8. (715) Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant,
shall be consolidated, subdivided or re-subdivided without the approval of the
City or Port District.
9. (716) Variations
The Agency is authorized to permit variations from the limits, restrictions and
controls established by this Plan. In order to permit any such variation, the
Agency must determine all of the following:
a. The application of certain provisions of this Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purposes and intent of this Plan.
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b. There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do
not apply generally to other properties having the same standards,
restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the
public welfare or injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this
Plan.
No such variation shall be granted which permits other than a minor departure
from the provisions of this Plan. In permitting any such variation, the Agency
shall impose such conditions as are necessary to protect the public health, safety,
or welfare, and to assure compliance with the purposes of this Plan.
F. (71 7) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 70 I and 707 herein, the Agency is authorized to establish heights
of buildings, land coverage, setback requirements, design criteria, traffic circulation,
traffic access, and other development and design controls necessary for proper
development of both private and public areas within the Project Area.
No new improvement shall be constructed, and no existing improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with this
Plan and any such controls approved by the Agency. In the case of property which is the
subject of a Disposition and Development Agreement or an Owner Participation
Agreement with the Agency, such property shall be developed in accordance with the
provisions of such Agreement. One of the objectives of this Plan is to create an attractive
and pleasant environment in the Project Area. Therefore, such plans shall give
consideration to good design, open space and other amenities to enhance the aesthetic
quality of the Project Area. The Agency shall not approve any plans that do not comply
with this Plan except as permitted by Section 716 of this Plan.
G. (718) Building Permits
Any building permit that is issued for the rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project Area from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by the
Agency, any restrictions or controls established by resolution of the Agency, and any
applicable participation or other agreements.
The Agency is authorized to establish permit procedures and approvals required for
purposes of this Plan. A building permit shall be issued only after the applicant for same
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has been granted all approvals required by the City (or Port District) and the Agency at
the time of application.
H. (719) Port District Tidelands
I. (720) Proposed Redevelopment and Use and Planning
Notwithstanding any other provision in this Plan, including without limitation
sections pertaining to proposed redevelopment activities and uses permitted and
planning considerations, all of the tidelands (filled and unfilled) and the
submerged lands owned and controlled by the Port District, a public corporation,
pursuant to California Stats. 1962, 1st Ex. Sess., c.67, as amended, shall be
developed and used in accordance with the Port District Master Plan. It is
recognized that the procedures and exercise of authority by the California Coastal
Cornmission, together with the statute establishing the Commission, could
foreseeably cause delay or denial of implementation of the Port District Master
Plan or particular projects contemplated by the Port District Master Plan. The
Agency acknowledges that the present Port District Master Plan and the specified
uses therein are in conformance with this Plan and are consistent with the
provisions, objectives and intent of this Plan, and further that any amendment by
the Port District to the Port District Master Plan is deemed by the Agency as
being in conformance and consistent with the provisions, objectives and intent of
this Plan. The Agency shall not establish any time periods, priorities or
preferences regarding development of said lands of the Port District or with
regards to development of said lands of the Port District in relation to other
property in the Project Area. The Port District shall have the unfettered right to
use and develop its lands at its sole discretion in accordance with the Port District
Master Plan which from time to time may be hereafter amended. This right of the
Port District is deemed adequate and in conformance with this Plan, as well as
consistent with its provisions, objectives, and intent as long as the Port District
acts in accordance with Calif. Stats. 1962, 1st Ex. Sess., c.67, as amended,
commonly known as the San Diego Unified Port District Act, the tideland trust
and the California Coastal Act of 1976. Said lands of the Port District shall be
and remain under the exclusive jurisdiction and control of the Port District and the
Agency shall not impose or attempt to impose any restrictions or regulations,
including without limitation, any relating to proposed redevelopment activities,
uses permitted and planning considerations, building, zoning or architectural
(sign, design, schematic, landscaping site plan) controls, with regard to said lands
of the Port District, so long as said lands are developed and used in accordance
with the Port Master Plan as it may be amended. Port District lands and their
proposed planned development are not included in the Project Area for the benefit
of any other property or property owner, whether such property or owner is or is
not within the Project Area, and such owner shall not rely on the fact that the
Project Area includes Port District lands or on the planned development for said
land or that said planned development mil ever occur or otherwise.
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SECTION VIII. (800) METHODS FOR FINANCING THE PROJECT
A. (801) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency is authorized to finance
implementation of this Plan with assistance from local sources, the State and/or the
federal government, property tax increment, interest income, Agency bonds, donations,
loans from private financial institutions or any other legally available source.
The Agency is also authorized to obtain advances, borrow funds, issue bonds or other
obligations, and create indebtedness in carrying out this Plan. The principal and interest
on such indebtedness may be paid from tax increment revenue or any other funds
available to the Agency. Advances and loans for survey and planning and for the
operating capital for administration of this Plan may be provided by the City until
adequate tax increment revenue or other funds are available to repay the advances and
loans. The City or other public agency, as it is able, may also supply additional
assistance through issuance of bonds, loans and grants and in-kind assistance. Any
assistance shall be subject to terms established by an agreement between the Agency,
City and/or other public agency providing such assistance.
As available, gas tax and sales tax funds may be used for the street system.
The Agency may issue bonds or other obligations and expend their proceeds to carry out
this Plan. The Agency is authorized to issue bonds or other obligations as appropriate
and feasible in an amount sufficient to finance all or any part of Plan implementation
activities. The Agency shall pay the principal and interest on bonds or other obligations
of the Agency as they become due and payable.
B. (802) Tax Increment Revenue
For the purposes of the collection of property tax revenue pursuant to this Plan, the
"effective date of the ordinance" shall mean and refer to the following:
I. With respect to the Original Area, August 16, 1974 (30 days after the City
Council adopted Ordinance No. 1541 on July 16, 1974 that incorporated the
Original Area into the Project Area.) (No change to base year roll of Original
Area. )
2.
With respect to the Added Area,
Council adopted Ordinance No.
Added Area into the Project Area.)
1998 (30 days after the City
that incorporated the
on
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State, County, City or other public corporation (hereinafter called "Taxing
Agency" or "Taxing Agencies") after the effective date of the ordinance, shall be divided
as follows:
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1. That portion of the taxes which would be produced by the rate upon which
the tax is levied each year by or for each of said Taxing Agencies upon the
total sum of the assessed value of the taxable property in the Project Area
as shown upon the assessment roll used in connection with the taxation of
such property by such Taxing Agency, last equalized prior to the effective
date of the ordinance, shall be allocated to and when collected shall be
paid to the respective Taxing Agencies as taxes by or for said Taxing
Agencies on all other property are paid (for the purpose of allocating taxes
levied by or for any Taxing Agency or Agencies which did not include the
territory in the Project Area on the effective date of the ordinance but to
which such territory has been annexed or otherwise included after such
effective date, the assessment roll of the County last equalized on the
effective date of the Ordinance shall be used in determining the assessed
valuation of the taxable property in the Project Area on said effective
date).
2. That portion of said levied taxes each year in excess of such amount shall
be allocated to, and when collected shall be paid into, a special fund of the
Agency to pay the principal of and interest on loans, monies advanced to,
or indebtedness (whether funded, refunded, assumed, or otherwise)
incurred by the Agency to finance or refinance in whole or in part, the
Project and this Plan. Unless and until the total assessed valuation of the
taxable property in the Project Area exceeds the total assessed value of the
taxable property in the Project Area as shown by the last equalized
assessment roll referred to in paragraph (1.) hereof, all of the taxes levied
and collected upon the taxable property in the Project Area shall be paid to
the respective Taxing Agencies. When said loans, advances, and
indebtedness, if any, and interest thereon, have been paid, all monies
thereafter received from taxes upon the taxable property in the Project
Area shall be paid to the respective Taxing Agencies as taxes on all other
property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph
(1.) above which is attributable to a tax rate levied by a Taxing Agency for
the purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for
the acquisition or improvement of real property shall be allocated to, and
when collected shall be paid into, the fund of that Taxing Agency. This
paragraph (3.) shall only apply to taxes levied to repay bonded
indebtedness approved by the voters on or after January I, 1989.
The Agency is authorized to make pledges as to specific advances, loans and
indebtedness as appropriate in carrying out the Project. The portion of taxes allocated
and paid to the Agency pursuant to subparagraph (2.) above is irrevocably pledged to pay
the principal of and interest on loans, monies advanced to, or indebtedness (whether
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.
funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance,
in whole or in part, the redevelopment program for the Project Area.
C. (803) Agency Bonds
The Agency is authorized to issue bonds and other obligations from time to time, if it
deems it appropriate to do so, in order to finance all or any part of Plan implementation
activities.
Neither the members of the Agency nor any persons executing the bonds are liable
personally on the bonds or other obligations by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of the City, the Port
District, or the State; nor are any of its political subdivisions liable for them; nor in any
event shall the bonds or obligations be payable out of any funds or properties other than
those of the Agency; and such bonds and other obligations shall so state on their face.
The bonds and other obligations do not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
D. (804) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal government,
the State, or any other public or private source will be utilized, if available, as appropriate
in carrying out this Plan. In addition, the Agency may make loans as permitted by law to
public or private entities for any of its redevelopment purposes.
E. (805) Rehabilitation Loans. Grants. and Rebates
To the greatest extent by State Law, the Agency and the City may commit funds from
any source to rehabilitation programs for the purposes of loans, grants, or rebate
payments for self-financed rehabilitation work. The rules and regulations for such
programs shall be those which may already exist or which may be developed in the
future. The Agency and the City shall seek to acquire grant funds and direct loan
allocations from State and federal sources, as they may be available from time to time,
for the carrying out of such programs.
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SECTION IX. (900) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all
reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan and
to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by the
City may include, but shall not be limited to, the following:
I. Institution and completion of proceedings for opening, closing, vacating,
widening, or changing the grades of streets, alleys, and other public rights-
of-way, and for other necessary modifications of the streets, the street
layout, and other public rights-of-way in the Project Area. Such action by
the City shall include the requirement of abandonment and relocation by
the public utility companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this Plan shall
be deemed to require the cost of such abandonment, removal, and
relocation to be bome by others than those legally required to bear such
costs.
2. Institution and completion of proceedings necessary for changes and
improvements to publicly-owned parcels and utilities in the Project Area.
3. Performance of the above, and of all other functions and services relating
to public health, safety, and physical development normally rendered in
accordance with a schedule which will permit the redevelopment of the
Project Area to be commenced and carried to completion without
unnecessary delays.
4. rmposition, whenever necessary and applicable, of appropriate design
controls within the limits of this Plan in the Project Area to ensure proper
development and use ofland.
5. Provisions for administration/enforcement of this Plan by the City after
completion of development.
6. The undertaking and completion of any other proceedings necessary to
carry out the Project.
7. The expenditure of any City funds in connection with redevelopment of
the Project Area pursuant to this Plan.
8. Revision of the City zoning ordinance, adoption of specific plans or
execution of statutory development agreements to permit the land uses and
facilitate the development authorized by this Plan.
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SECTION X. (1000) ADMINISTRATION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City and/or the Agency, as appropriate.
The provisions of this Plan or other documents entered into pursuant to this Plan may also be
enforced by litigation or similar proceedings by either the Agency or the City. Such remedies
may include, but are not limited to, specific performance, damages, re-entry onto property,
power of termination, or injunctions. rn addition, any recorded provisions which are expressly
for the benefit of owners of property in the Project Area may be enforced by such owners.
SECTION XI. (1100) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
A. (1101) Amount of Bonded Indebtedness Outstanding At Any One Time
The amount of bonded indebtedness, to be repaid in whole or in part from the allocation
of taxes pursuant to Section 33670 of the Redevelopment Law, which can be outstanding
at one time shall not exceed $50.0 million, except by amendment to this Plan.
B. (1102) Amount of Cumulative Tax Increment Revenue
With respect to the Original Area only, the number of dollars of taxes which may be
divided and allocated to the Agency pursuant to Section 33670 of the Redevelopment
Law, inclusive of payments to taxing agencies, shall not exceed $2 I 0.0 million, except by
amendment of this Plan.
C. (I 103) Time Frame to Incur rndebtedness
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, no loan, advance or indebtedness to be repaid from such allocations of
taxes established or incurred by the Agency to finance in whole or in part the
Redevelopment Project shall be established or incurred after the dates set forth below in
this Section 1103. Such loan, advance or indebtedness may be repaid over a period of
time longer than such time limit. This limit shall not prevent the Agency from incurring
debt to be repaid from the Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the Agency's housing obligations under Section 33413 of the
Redevelopment Law. In addition, this limit shall not prevent the Agency from
refinancing, refunding, or restructuring indebtedness after the dates set forth below in this
Section 1103, if the indebtedness is not increased and the time during which the
indebtedness is to be repaid does not exceed the date on which the indebtedness would
have been paid.
Original Area January 1,2004
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Added Area
,2018
D. (1104) Duration of This Plan
Except for the nondiscrimination and nonsegregation provIsIOns which shall run in
perpetuity, the provisions of this Plan shall expire on the dates set forth below in this
Section 1104. After this time limit, the Agency shall have no authority to act pursuant to
this Plan except to pay previously incurred indebtedness, collect tax increment revenue,
and enforce existing covenants, contracts, or other obligations.
Original Area July 16,2014
Added Area , 2028
E. (1105) Time Frame to Collect Tax Increment Revenue
Notwithstanding any other provision of this Plan, and except as provided in this Section
and Section 33333.6(a), (c), (g), and (h) of the Redevelopment Law, or as otherwise
permitted by law, the Agency shall not pay indebtedness with the proceeds of property
taxes received pursuant to Heath and Safety Code Section 33670 or receive property
taxes pursuant to Health and Safety Code Section 33670 after ten (10) years beyond the
duration of this Plan pursuant to Section 1104. These limitations shall not be applied to
limit the allocation of taxes to the Agency to the extent required to eliminate proj ect
deficits created under subdivision (g) of Section 33334.6 of the Redevelopment Law in
accordance with the plan adopted pursuant thereto for the purpose of eliminating the
deficits or to the extent required to implement a housing program requirement pursuant to
Section 33413 of the Redevelopment Law. In addition, these limitations shall not affect
the validity of any bond, indebtedness, or other obligation, including any mitigation
agreement entered into pursuant to Section 33401 of the Redevelopment Law, authorized
by the City Council, or the Agency pursuant to the Redevelopment Law, prior to January
I, 1994, or the right of the Agency to receive property taxes, pursuant to Health and
Safety Code Section 33670 to pay the bonds, indebtedness, or other obligation.
SECTION XII. (1200) PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in Sections 33450-33458 of
the Redevelopment Law or by any other procedure hereafter established by law.
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,.",.
EXHIBIT A
PROJECT AREA MAP
,6F -33 -II
"
1-
NORTH
I
1
-:--"-..-
BayfrQnt Redevelopment Project Area Map.
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EXHIBIT B
LEGAL DESCRIPTION
,(3F -3S - A
LEGrlL DESCRIPTION
BAY FRONT REDEVELOPMENT PROJECT AREA
ORIGINAL AREA
LEGil.L DESCRI:?TION - P-ZDEVELOP"lD1T PROJECT
Page 1 or 3
Those portions of Quarter Sections 160, 161, 162, 163, 164,
165, 169, 170, 171, 172, 174, 179, 180 and all of 173 of Rancho
de la Nacion according to Map thereof No. 166, filed in the office
or the County Recorder, San Diego County, State or California on
May 11, 1869, described as follows:
Beginning at the intersection of the northerly boundary line
of the City of Chula Vista with the westerly right or way of 1-5
Freeway as shown on the State Division of Highways right of way
Map L.0.-2532; thence along said boundary line South 72014'13"
West a distance of 832.74 feet to an intersection with the Ordinary
High Water Mark per Misc. Map No. 399 filed in said County Recorder's
Office on Septe~er 12, 1960; thence southerly along said Ordinary
High Water Mark, per said Misc. Map No. 399, the following courses,
South 10016'44" West a distance of 204.88 feet;
South 28014'44" West, a distance of 305.05 feet;
South 8029'44" West, a distance of 201.97 feet;
South 35006'44" West, a distance of 419.14 feet;
So~th 78059'44" West, a distance of 225.53 feet;
North 80053'16" West, a distance of 802.05 feet;
South 61040'44" West, a distance of 200.92 feet;
South 11005'44" west, a distance of 277.74 feet;
South 55054'44" West, a distance of 140.91 feet;
North 64051'16" West, a distance of 132.01 feet;
south 81052'44" West, a distance of 146.66 feet;
South 00054'16" East, a distance of 203.07 feet;
South 32047'16" East, a distance of 227.40 feet;
South 12000'16" East, a distance of 701.70 feet;
south 30042'44" West, a distance of 769.45 feet;
South 2023'07" East, a distance of 271.42 feet;
South 80l2'34" East, a distance of 140.IS'feet;
South 19046'24" East, a distance of 132.28 feet;
South 43000'53" East, a distance of 300.28 feet;
South 34043'23" East, a distance of 312.67 feet;
South 28046'13" East, a distance of 297.16 feet;
South 79021'43" East, a distance of 213.97 feet;
South 60035'53" East, a distance of 176.18 feet;
South 80028'33" East, a distance of 340.97 feet;
South 68040'03" East, a distance of 587.67 feet;
South 59"04'43" East, a distance of 155.72 feet;
South 39039'13" East, a distance of 266.82 feet;
South 31015'03" East, a distance of 368.98 feet;
South 34045'03" East, a distance of 351.40 feet;
South 25058'03" East, a distance of 221.17 feet;
South 19007'33" East, a distance of 234.36 feet;
South 31019'33" East, a distance of 291.81 feet;
South 38000'03" East, a distance of 328.06 feet;
North 84047'57" East, a distance of 339.65 feet;
,south 67000'03" East, a distance of 228.93 feet;
south 38"07'39" East, a distance of 182.42 feet;
south 58028'01" East, a distance of 297.87 feet;
South 40032'01" East, a distance of 525.67 feet;
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LEGAL DESCRIPTION
BAY FRONT REDEVELOPMENT PROJECT AREA
ORIGINAL AREA
Page 2 of 3
South 38043'31" East, a ~istacce of 344.37
South 30019'01" East, a ~istance of 392.81
South 24018'01" East, a ~ista~ce of 233.29
South 20056'01" East, a ~istance of 453.59
South 57045'01" East, a distance of 230.78
South 22027'01" East, a ~istance of 184.92
South 14012'01" East, a distance of 489.75
South 04001'31" East, a ~istance of 568.83
South 07003'31" East, a ~istance of 578.95
South 03039'44" West, a ~istance of 731.02
South 12036'46" East, a distance of 323.50
South 08035'44" West, a distance of 440.99
South 12041'44" West, a distance of 496.12
South 10003'14" West, a distance of 717.25
South 06047'14" West, a distance of 201.63
boundary line of the City of Chula Vista;
thence leaving the Ordinary High Water Mark, North 72010'54" East
(North 72011'13" East per State Division of Highways right of way
Map L.O.-2524l a distance of 2082.30 feet along said southwesterly
boundary line of the City of Chula Vista and its easterly pro-
longation to a point on the westerly access control line of the
I~ Freeway per said right of way Map L.O.-2524, North 02017'09"
West along said right of way and westerly access control line a
distance of 88.29 feet; thence
North 49058'39" West, a distance of 100.55 feet; thence
North 05025'48" West,a distance of 115.00 feet; thence
North 07043'00" West, a distance of 300.17 feet to a point on the
arc of a non-tangent curve, concave easterly, having a radius of
2,982.00 feet and whose center bears North 84047'40" East from said
point; thence northerly along the arc of said curve, through a
central angle of 03053'11", a distance of 202.27 feet, thence
North 01019'09" West, tangent to said curve, a distance of 399.37
feet to the beginning of a tangent curve, concave westerly, having
a radius of 1120 feet, thence northerly along the arc of said curve,
through a central angle of 16012'44", a distance of 316.91 feet,
thence North 20057'22" West, a distance of 425.72 feet to the
beginning of a tangent curve, concave westerly, having a radius of
443.00 feet, thence along the arc of said curve, through a central
angle of 09047'22", a distance of.75.69 feet; thence North 30044'44"
West, tangent to said curve, a distance of 144.60 feet; thence
North 21024'10" West, a distance of 203.03 feet; thence North
19008'16" West, a distance of 269.28 feet; thence
North 48055'38" West, a distance of 50.25 feet; thence
North 05015'11" West, a distance of 122.92 feet; thence
North 12029'48" West, a distance of 1,096.45 feet; thence
South 77030'12" West, a distance of 52.17 feet; thence
North 12030'35" West, a distance of 464.96 feet to the beginning of
a tangent curve, concave northwesterly having a radius of 1,718.00
feet; thence northerly, along the arc of said curve, through a
central angle of 14020'29", a distance of 430.02 feet; thence North
.26051'04" West, tangent to said curve,' a distance of 499.24 feet;
North 14040'05" West, a distance of 261.47 feet to a point on .the
arc of a non-tangent curve, concave westerly, having a radius of
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet to
the southwesterly
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LEGAL DESCRIPTION
BAYFRONT REDEVELOPMENT PROJECT AREA
ORIGINAL AREA
Page 3 c: 3
2,018 feet ant whose ce~ter bears SCU~~ 82014'4511 Wes~ fr=m said
poi~ti the~c~ ~orthe=ly, alo~S the a=c of sai~ cu=ve ~~=o~Sh a
Co~~-~l anglo CC C~O~1'24" a C.'l'S~ Q c 20' 28 C~O~. thence N
__..'-...._ u __ ..I.. '-, -' I t.-anc_ OJ.. o. .l...__~, J._u __ l: o=t.~
13036'39" West, ta:1ge::t to said cu=ve, a c.ista:lce cf 680.35 :eet, -.
to the beginni:-J.g 0= a tange!1t CU1:'ve, conC2.~/e west.erly 1 ha.,.ti::g a
racius of 2,018.00 feet, t~e~ce norther Iv alc~c the a=c of said
curve, througi a central angle of 04032'43", a-distance of 160.11
feet; thence Nort~ 18009'2411 West, a tista:lce of 695.06 feet to
the beginning of a t2.~gent curve, concave westerly ha'/ing 2. r2..c.ius
of 2,018.00 feet; thence ~ort~erly, along the arc of saie c~rve,
through a central angle of 06036'22", a distance of 232.67 feet;
thence North 24045'4611 West, tangent to said curve, a distance of
441.19 feet to the beginning of a tangent curve, concave south-
easterly, having a radius of 30.00 feet; thence northeasterly alo~g
the arc of said curve, through a central angle 0: 96048'10" a
distance of 50.69 feet; thence North 72002'2411 East, tangent to
said curve, a distance of 37.86 feet; thence North 17058'13" West,
a distance of 128~93,teet to a point on the arc of a non-ta~gent
curve, concave northerly, having a radius of 458.34 feet and whose
center bears North 10030'53" West from said point; thence westerly,
along the arc of said curve, through a central angle of 03023'15",
aciistance of 27.37 feet; thence North 22023'10" West, a distance
of 1158.90 feet; thence South 77005'30" West, a distance of 119.55
feet; thence
North 17053'22" West, a distance of 134.95 feet; thence
North 68015'12" East, a distance of 120.68 feet; thence
North 11012'13" West, a distance of 55.28 feet; thence
North 17011'55" West, a distance of 1,169.58 feet to the beginning
of a tangent curve, concave westerly having a radius of 1,688.30
feet; thence northerly along the arc of said curve, through a central
angle of 7051'23" a distance of 231.50 feet; thence North 31043'24"
west, a distance of 771.55 feet; thence North 17043'19" West, a
distance of 623.38 feet; thence North 45037'35" West, a distance of
226.30 feet to the easterly line of the Coronado Branch of the
San Diego and Arizona Eastern Railway Company right of way; North
17044'21" West along said easterly line a distance of 669.90 feet;
thence, North 05035'01" West, a distance of 194.76 feet; thence
North 32056'49" East, a distance of 252.07 feet; thence
North 72014'13" East, a distance of 149.49 feet to a point on a
280 foot radius curve, concave southerly, whose center bears South
42027'53" West from said point; thence northwesterly along the arc
of said curve through a central angle of 52043'36", a distance of
257.67 feet; thence South 72016'22" West a distance of 88.05 feet;
thence North 17043'37" West a distance of 50.00 feet to the point
of Beginning.
Written by: APM
Checked by: WFG
Revised: 5/2/74
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LEGAL DESCRIPTION
BAY FRONT REDEVELOPMENT PROJECT AREA
ADDED AREA
Page
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CITY OF CHULA VISTA
BAYFRONT REDEVELOPMENT PLAN
AMENDMENT
LEGAL DESCRIPTION
Being a portion of Parcel No. 3 of those tide and submerged
lands, conveyed to the San Diego Unified port District pursuant
to section 14, Chapter 67, Statutes of 1962, First Extraordinary
Session, as amended, as delineated on that certain Miscellaneous
Map No. 564 filed May 28, 1976 in the Office of the county
Recorder of the County of San Diego, California, being an area
within the corporate limits of the city of Chula Vista, lying
westerly of the ordinary High Water Mark, south of "F" street,
being more particularly described as follows:
BEGINNING at the intersection of the southerly right of way line
of "F" Street (subsequently renamed Lagoon Drive) in the city of
Chula vista with the Ordinary High Water Mark for the Bay of San
Diego, as said ordinary High Water Mark was established and
delineated on the above described Miscellaneous Map No. 564, said
intersection having california coordinate system (NAD 1927) Zone
6 grid coordinates North 170,977.24, East 1,736,531.20, said
intersection also bearS south 45006'22" east, 3,282.30 feet from
U.S. Coast and Geodetic horizontal control monument station
"COTTONSEED 1933" having coordinates North 173,293.88, East
1,734,205.97; thence along said Ordinary High Water Mark south
19007'58" east, 227.22 feet to station 102; thence south
31019'56" east, 291.82 feet to Station 103; thence south
38000'25" east, 328.08 feet to station 104; thence north
84047'56" east, 339.69 feet to Station 105; thence south
66058'55" east, 228.90 feet to station 106; thence south
38006'27" east, 182.43 to station 107; thence south 58028'34"
east, 297.91 feet to station 108; thence south 40032'42" east,
525.72 feet to station 109; thence south 38044'12" east, 344.40
feet to station 110; thence south 30019'44" east, 392.83 feet to
station 111; thence south 24018'45" east, 233.30 feet to station
112; thence south 20056'45" east, 453.60 feet to station 113;
thence south 57045'35" east; 230.81 feet to station 114; thence
south 22"27'45" east, 184.92 feet to station 115; thence south
14012'45" east, 489.75 feet to Station 116; thence south 4"02'14"
east, 568"80 feet to station 117; thence south 7004'15" east,
578.93 feet to station 118; thence continuing along said ordinary
High Water Mark south 3"39'02" west, 175.00 feet to an
intersection with the most southerly top of bank line of the
southerly peninsUla, Chula vista Harbor, said top of bank also
being parallel with and distant 190.0 feet, more or less,
southerly from the center line of "J" Street (renamed Marina
parkway), said intersection having coordinates North 166,168.01,
East 1,739,375.04; thence along said top of bank and 190.0 feet
parallel line south 72"05'20" west, 2,960.08 feet to an
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LEGAL DESCRIPTION
BAYFRONT REDEVELOPMENT PROJECT AREA
ADDED AREA
Page 2 cf 2
intersection with the u.S. Pierhead Line, as said Harbor Lines
are now established and approved by the Secretary of the Army
August 18, 1965, filed in the Office of the District Engineer,
Los Angeles, California, said intersection having coordinates
North 165,257.66, East 1,736,558.43; thence along said u.S.
pierhead Line north 25"23'13" west, 101.64 feet to Harbor Line
Station 489-B; thence along the combined u.S. Pierhead and
Bulkhead Line north 25"23'13" west, 5,394.43 feet to an
intersection with the westerly prolongation of the said southerly
right of way line of "F" Street, having coordinates North
170,223.00, East 1,734,202.11; thence along said southerly right
of way line north 72"03'22" east, 2,448.18 feet to the TRUE POINT
OF BEGINNING, containing approximately 397.6 acres of tideland
area.
Bearings, Distances, and Coordinates referred to in the above
description are based on the state of California Coordinate
System, IN.A.D. 1927) Zone 6.
APPROVED BY
DATE
1k1~~~
SENIOR DIRECTOR / PUBLIC WORKS
SAN DIEGO UNIFIED PORT DISTRICT
/dh/ /77
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RCE NO.
'2.75/2.
EXPIRES
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/7219
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EXHIBIT "BF.B"
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BayfrontRedevelopment Project - Amendrrient No.5
Report to the City Council
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Prepared for:
City of Chula Vista Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 91910
Rosenow Spevacek Group, Inc.
540 N. Golden Circle. Suite 305
Santa Ana. CA 92705
Phone 714.541.4585
760.967.6462
Fa.x 714.836.1748
E-Mail: RSGINCCA@aoLcom
is F - ( -;g
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COUNCIL REPORT
FOR THE
BA YFRONT REDEVELOPMENT PROJECT - AMENDMENT NO.5
TABLE OF CONTENTS
Page
INTRODUCTION......................................................................................................................... i
SECTION A
The Reasons for the Selection of the Project Area and a Description of Specific
Projects Proposed and How These Projects Will Improve or Alleviate Blighting
Conditions Found in the Project Area
General Characteristics ... ........ ...... ........... ................ ... ..................... .................... ... ....... A- I
Reasons for the Selection of the Project Area................................................................A-5
Agency's Accomplishments Within the Project Area ...................................................A-5
Reasons for the Amendment.................................................................... ............ ... ....... A-6
A Description of the Projects Proposed by the Agency.................................................A-9
A Description of How the Proposed Projects Will Improve and
Alleviate Blighting Conditions ... ........................ ...... ...... .......... ........ ............... ..... ......... A-9
SECTION B
A Description of the Physical and Economic Blighting Conditions Existing in the
Project Area
Definition of Blight.......................................... ....... ....... ..... ............... ... ... ....... ..... .......... B-1
Existing Area .. ... ............ ........ ... .................... ....... ..... .... ... ..... ........ ............. ............... ... .. B-2
Added Area ................... ... ........................ .............. ...... ...... .................. .......... ............. ... B-3
Conclusion .. ... ........... ... ........... ...... ..... ............ ................. ............... ..... ... ....... ....... ........ B-26
SECTION C
An Implementation Plan that Describes Specific Goals, Objectives,
Projects, and Expenditures for the Next Five Years and a Description of
How These Projects Will Improve or Alleviate Blighting Conditions ................................ C-l
SECTION D
An Explanation of Why Elimination of Blight Cannot Be Accomplished By
Private Enterprise Acting Alone or Through Financing Alternatives Other Than
Tax Increment Financing
Why Private Enterprise is Unable to Independently Redevelop Project Area...............D-l
Reasons for the Provisions of Tax Increment ................................................................D-2
;B F -:J...-,S
SECTION E
Method of Financing and Economic Feasibility ofthe Project
Project Tax Increment Revenues ................................................................................... E-5
Economic Feasibility Analysis ............................... ....................................................... E-8
SECTION F
The Method of Relocation ....................................................................................................... F-l
SECTION G
An Analysis of the Preliminary Plan ...................................................................................... G-I
SECTION H
The Report and Recommendation ofthe Planning Commission ........................................H- I
SECTION I
Public Participation ............. ....... ............. .......... ........... ......... ...... ..... ........... ... .......................... I-I
SECTION J
A Statement of Conformance to the City's General Plan ..................................................... J- I
SECTION K
The Final Environmental Impact Report .............................................................................. K-l
SECTION L
A Report of the County Fiscal Officer ................................................................................... L-I
SECTION M
Neighborhood Impact Report.. .... .................. ............. ... ........... ...... ........... ... ......................... M _ I
SECTION N
A Summary of Agency Consultation with Affected Taxing Entities and a
Response to Said Entities' Concerns Regarding the Amendment.......................................N_I
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COUNCIL REPORT
FOR THE
BA YFRONT REDEVELOPMENT PROJECT - AMENDMENT NO.5
TABLE A-I
TABLE B-1
TABLE B-2
TABLE B-3
TABLE B-4(a-g)
TABLE E-I(a)
TABLE E-I(b)
TABLE E-l(c)
TABLE E-2
TABLE E-3
EXHIBIT A-I
EXHIBIT B-1
EXHIBIT B-2
EXHIBIT B-3
EXHIBIT B-4
EXHIBIT B-5
EXHIBIT B-6
LIST OF TABLES
Urbanization Matrix
Acres of Available Industrial Tidelands
List ofIndividuals and Organizations Consulted
Broker's Opinions of Potential Added Area Lease Rates
Added Area Residual Land Value Analysis
Combined Areas - Projected Tax Increment Revenues with Amendment
Existing Area - Projected Tax Increment Revenues with Amendment
Added Area - Projected Tax Increment Revenues with Amendment
List of Affected Taxing Agencies
Projected Economic Benefit of Amendment
LIST OF EXHIBITS
Urbanization Map
Blight Map
Vacant Parcels in Added Area
Photo Survey
Photo Survey
Photo Survey
Photo Survey
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INTRODUCTION
Established by the City Council on October 24, 1972, the Chula Vista Redevelopment Agency
("Agency") is responsible for oversight of the five redevelopment projects in the City of Chula
Vista ("City"). One of these projects is the Bayfront Redevelopment Project ("Project"), which
was initiated on July 16, 1974, by Ordinance No. 1541 that adopted the original Redevelopment
Plan for the Bayfront Redevelopment Project ("Original Plan") and established the existing
Bayfront Redevelopment Project Area ("Existing Area"). Since its inception, the Original Plan
has been amended on four separate occasions, most recently in November 1994. The Original
Plan, as amended ("Existing Plan"), has guided the Agency's redevelopment program in the
Project Area to date.
Since 1976, the Agency has targeted its redevelopment efforts to mitigate specific physical and
economic blighting conditions in the Existing Area. Despite the success of these efforts, full
redevelopment of the Existing Area is not yet complete, due to continued redevelopment of the
Existing Area is inhibited by limitations in the Existing Plan. Further, the Agency seeks now to
proactively encourage redevelopment of tidelands west of the Existing Area to reverse decades
of improper utilization. To expand its ability to address redevelopment needs in both the
Existing Area and in the tidelands, the Agency seeks to undertake a series of amendments.
On October 7, 1997, the Agency accepted and approved the Preliminarv Plan for Amendment
No.5 to the Bavfront Redevelopment Plan. This action initiated proceedings to amend the
Existing Plan ("Amendment") as follows:
1. Add approximately 398 acres of tidelands property ("Added Area") within the
jurisdiction of the San Diego Unified Port District ("Port District") to establish the
1,035-acre Bayfront Redevelopment Project Area ("Project Area"),
2. Extend, to July 2010, the time frame within which the Agency may commence
eminent domain proceedings to acquire property in the Project Area,
3. Extend, to January 1, 2004, the time frame within which the Agency may mcur
indebtedness for the Existing Area,
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Chala Vista Redevelopment Agency
Bayfront Amendment No.5 - Report to the City Council
Rosenow Spevacek Group, Inc.
June 1, 1998
i
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4. Extend, to July 16, 2014, the effectiveness of the Existing Plan for the Existing Area,
5. Extend, to July 16, 2024, the time period within which the Agency may collect tax
increment revenue from the Existing Area,
6. Replace the Existing Plan's Statement of Basic Objectives, General Land Use Plan,
and Controls to more comprehensively correlate to the Agency's current goals, and to
provide that land uses in the Project Area are to be consistent with the City's General
Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, the
Port District's Master Plan, and all other state and local building codes, guidelines, or
specific plans, as they now exist or are hereafter amended, and
7. Restate the remaining provisions of the Existing Plan.
Upon adoption of the Amendment, the Amended Redevelopment Plan for the Project ("Plan")
will amend, supersede, and guide all future redevelopment activities, projects, and programs in
the Project Area. However, the Amendment will not affect the Agency's outstanding obligations
or indebtedness.
Authorization for this Amendment
The California Community Redevelopment Law, Health and Safety Code Sections 33000 et.
~, ("Law") provides redevelopment agencies with the authority to undertake revitalization
efforts in blighted areas in the community. As defined by the Law, redevelopment includes the
rehabilitation, reconstruction, and improvement of existing structures; the provision of public
improvements; and the replanning or redesign of blighted properties within a project area. The
Law permits redevelopment agencies to amend redevelopment plans, subject to the preparation
of documents by the agency to substantiate the need for such an amendment, the convening of an
agency/city council public hearing, and the consideration and adoption of an amending ordinance
by the city council.
This is the Report to the City Council for the Amendment ("Report"), which outlines the reasons
for the Amendment, and details the Agency's proposed redevelopment program to be
implemented through the Plan. Pursuant to the Law, this Report has been divided into the
following sections:
8F-fo -13
Rosenow Spevacek Group, Inc.
June 1, 1998
Chu/a Vista Redevelopment Agency
ii Bayfront Amendment No.5 - Report to the City Council
SECTION A The Reasons for the Selection of the Project Area and a Description of Specific
Projects Proposed and How These Projects Will rmprove or..Alleviate Blighting
Conditions Found in the Project Area
SECTION B A Description of the Physical and Economic Blighting Conditions Existing in the
Project Area
SECTION C An Implementation Plan that Describes Specific Goals, Objectives, Projects, and
Expenditures for the Next Five Years and a Description of How These Projects
Will rmprove or Alleviate Blighting Conditions
SECTION D An Explanation of Why Elimination of Blight Cannot Be Accomplished By
Private Enterprise Acting Alone or Through Financing Alternatives Other Than
Tax Increment Financing
SECTION E Method of Financing and Economic Feasibility of the Project
SECTION F The Method of Relocation
SECTION G An Analysis of the Preliminary Plan
SECTrON H The Report and Recommendation of the Planning Commission
SECTION r Public Participation
SECTION J A Statement of Conformance to the City's General Plan
SECTION K The Final Environmental Impact Report
SECTION L The Report of the County Fiscal Officer
SECTION M Neighborhood rmpact Report
SECTION N A Summary of Agency Consultation With Affected Taxing Entities and a
Response to Said Entities' Concerns Regarding the Amendment
I3.F-7-S
Rosenow Spevacek Group, Inc.
June 1, 1998
Chu/a Vista Redevelopment Agency
iii Bayfront Amendment No.5 - Report to tile City Council
.
SECTION A
The Reasons for the Selection of the Project Area and
a Description of Specific Projects Proposed and How
These Projects Will Improve or Alleviate Blighting
Conditions Found in the Project Area
This section of the Report describes the Project Area, highlights the Agency's redevelopment
activities to date, and outlines the reasons for the proposed Amendment.
General Characteristics
Geollranhic Location
The Project Area is located in the City of Chula Vista ("City"), San Diego County, California.
Situated along the San Diego Bay in southwestern San Diego County, the City is adjoined by the
City of National City to the north, the City of San Diego to the south, the San Diego Bay to the
west, and unincorporated San Diego County to the east. The City was incorporated in 1911 and
is approximately 32,066 acres in size.
The Existing Area is located on the west side of the City, and is generally bounded by Interstate
5 to the east, the City limits to the north, and L Street on the south, and the San Diego Bay and
Port District tidelands to the west. The Existing Area is 637 acres in size, and constitutes
approximately 2.0% of the total area of the City. The primary existing land uses within the
Existing Area are industrial and commercial.
As proposed, the Added Area would incorporate the Port District properties and fully extend the
Project Area boundaries to the San Diego Bay. The Added Area is bounded by the Existing Area
to the east and north, the San Diego Bay to the south, and the Combined U.S. Pierhead and
Bulkhead Line to the west. The Added Area encompasses approximately 398 acres, or 1.2% of
,.d-F -~ -13
Rosenow Spevucek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-I Bay/ront Amendment No.5 - Report to the City Council
~'
the City. If the Amended Plan is adopted, the Project Area would be comprised of both the
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Existing and the Added Areas, and would total approximately 1,035 acres.
The boundaries of the Project Area, including separate designations for both the Existing and
Added Areas, are depicted on Exhibit A-I.
Urbanization
For all redevelopment project areas established after January I, 1984 or areas added to project
areas after January 1, 1984, Section 33320.1 of the Law requires that such areas be
"predominantly urbanized" meaning that not less than 80 percent of the land (emphasis added) in
the project area:
. Has been or is developed for urban uses; or
· Is characterized by the existence of subdivided lots of irregular form and shape and
inadequate size for proper usefulness and development that are in multiple ownership, or
. Is an integral part of one or more areas developed for urban uses which are surrounded or
substantially surrounded by parcels which have been or are developed for urban uses.
Since the Existing Area was established in 1974 (before the urbanization statute took effect), the
Existing Area is not subjected to this urbanization test.
As territory proposed to be added to the Project Area, the Added Area is required to meet the
urbanization test. The Added Area is 397.6 acres in size, consisting of 121.67 acres of land and
275.93 acres of water (San Diego Bay). Pursuant to Section 33320.1 of the Law, not less than
80% of the 121.67 acres (or not less than 97.34 acres) of Added Area land must be urbanized in
that they fall into one ofthe three categories outlined above.
Table A-I accounts for the urbanization of the Added Area. A total of 102.84 acres, or 84.5% of
the land area, is urbanized. Urbanized areas include 71.0 I acres which are currently developed,
,6F - 9-S
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-2 Bay/ront Amendment No.5 - Report to the City Council
~',"\ .-:.-:,...;-;:
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zero (0) acres of irregular lots, and 31.83 acres which are an integral part of ~ urban area in that
they are surrounded by developed parcels on three or more sides. Exhibit A-2 graphically
depicts the location of urbanized and nonurbanized parcels in the Added Area.
Bayfront Redevelopment Plan Amendment TABLEA-1
Urbanization Matrix
Urbanization Category Parce/(s) Without San Diego
(See Exh. A-1) Bay
Acres Pctg,
Urbanized
Developed 3,4,8, 11a, 11b, 12, 15 71.01 58.4%
Irregular Lots n/a - 0.0%
Integral Part of Urban Area 5,6,13,14 31,83 26.2%
102.84 I 84.5%
Nonurbanized
Agricultural Use n/a - 0.0%
Other Vacant 1,2,7,9,10 18,83 15.5%
18.83 15.5%
Totals 121.67 100.0%
Source:
RSG Field Survey, January 1998
,eF -II - ;B
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-3 Bay/ront Amendment No.5 - Report to the City Council
Bayfront Redevelopment Plan Amendment EXHIBIT A-1
Urbanization Map
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Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-4 Bayfront Amendment No.5 - Report to the City Council
Reasons for the Selection ofthe Existing Area
According to the Original Plan, redevelopment of the Existing Area was necessary to address the
following problems:
. The danger to the quality and quantity of the marine life due to uncontrolled development of
a project area which contains such unique features as salt marshes and endangered wildlife
specIes.
. The decline in coastal environment, including recreation and aesthetic values, due to the
uninterrupted water-related general industrial development in the South Bay area.
Development of this nature is obviously contra-indicated due to the lack of deep water
access.
. The desire to create a modem urban commercial/recreational center for the City of Chula
Vista where a range of activity from housing to recreation could take place and where a
living and working environmental could exist for the use and enjoyment of the general
public.
. The existence of soil and groundwater contamination from hazardous materials that have
depreciated property values and impaired investments and that can only be economically
remediated through the use of redevelopment powers.
. The substantial existence of environmentally sensitive and degraded wetlands which require
extraordinary land dedication, restoration, and long-term mitigation monitoring, all of which
create a substantial burden on the economic use of the properties and result in depreciated
values and impaired investments.
. The lack of public improvements and utilities, which combined with the blighting conditions
listed above, creates a serious physical and economic burden on Chula Vista which cannot be
alleviated practically by government or private activity without redevelopment powers.
Agency's Accomplishments Within the Existing Area
Since adoption of the Existing Plan in 1974, the Agency has worked to alleviate certain of these
conditions through the following efforts:
.
Prepared a Mid-Bayfront Development Plan in conjunction with the landowner/developer
and regulatory agencies.
.
Prepared and processed Local Coastal Plan through the California Coastal Commission and
received certification in February 1993. The plan includes all of the City's coastal properties,
including the Existing Area.
/3F -/3 -.8
Rosenow Spevacek Group~ Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-S Bayfront Amendment No.5 - Report to tile City Council
· Planned and constructed the Nature Interpretive Center in cooperation with the Bayfront
Conservancy Trust.
. Acquired and cleared properties for redevelopment along Bay Boulevard, north and south of
F Street.
· Successfully relocated auto wrecking businesses from the Existing Area.
· Acquired property for the reconfiguration of the Caltrans 1-5 southbound off-ramp which has
been completed along with the widening ofE Street, west ofI-5.
· Completed the following redevelopment projects:
>- Anthony's Restaurant
>- Days Inn
>- El Torito Restaurant
>- Rohr Admin. Office Building
>- Marina Gateway Industrial Proj ect
>- Soup Exchange
>- Nature Interpretive Center
Due to limitations of the Existing Plan, however, the Agency will not be able to adequately
mitigate many remaining blighting conditions in the Existing Area. These limitations jeopardize
the Agency's ability to continue redevelopment projects, programs, and activities in the Existing
Area. In part, the Amendment will enable the Agency to continue with the redevelopment
program in the Existing Area by modifYing the Existing Plan's limits.
Reasons for the Amendment
The Amendment would adjust the Existing Plan as necessary to correct blight in the Existing
Area, while incorporating the Added Area to facilitate redevelopment of Port District tidelands.
These proposed amendments are described below:
Existinll Area
· Establish a new 12-year time period to commence eminent domain activities: The Existing
Plan's time limit to commence eminent domain proceedings will expire on May 22, 1998.
Since the Original Plan was adopted in 1974, the Agency has had the ability to acquire
Rosenow Spevacek Group, Inc.
June 2, 1998
,&='-1"- -6
Chula Vista Redevelopment Agency
A-6 Bayfront Amendment No.5 - Report to tile City Council
property by eminent domain. Although it has been sparingly used, eminer:.t domain authority
has been a necessary adjunct to land acquisition negotiations. In order for the Agency to
continue to effectively implement projects involving land assembly, an extension on the time
limit on eminent domain authority will be necessary. The Amendment would establish a new
l2-year time frame within which the Agency may employ, as a last resort, eminent domain in
the Existing Area to acquire property to implement the Plan.
. Extend time frame to incur debt from July 1999 to January 2004: The Existing Plan
prohibits the Agency from incurring debt after July 16, 1999. After this deadline has been
reached, the Agency may only collect tax increment revenue to payoff preexisting
indebtedness. Incurring additional debt will be necessary to initiate any new redevelopment
projects or programs funded from future tax increment revenues. Under Subsection
33333.6(a) of the Law, the Plan's time limit on incurring debt may be the later of 20 years
after adoption of the Original Plan (or July 16, 1994), or January 1,2004. The Amendment
would extend the Existing Plan's time limit on incurring Existing Area debt to January 1,
2004, as prescribed by Subsection 33333.6(a) of the Law.
. Extend effectiveness of Existing Plan from July 1999 to July 2014: The Existing Plan's 2S-
year duration that is less than the 40-year duration permitted by Subsection 33333.6(b) of the
Law. Under the Existing Plan, with the exception of collecting tax increment and repaying
indebtedness, all redevelopment activities, including enforcement of land use controls and
completion of projects, must cease by July 1999. Extending the Existing Plan's effectiveness
will enable the Agency to continue an active redevelopment program in the Existing Area for
an additional IS years, as permitted by Law.
/3f' -IS -6
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-7 Bayfront Amendment No.5 - Report to tile City Council
· Extend time period to collect ta'C increment revenue from July 2011 to Jul,Y 2024: Subsection
33333.6(c) of the Law provides that redevelopment agencies may collect tax increment
revenue for 10 years after a redevelopment plan's effectiveness has expired. In conjunction
with the proposed Amendment's extension of the effectiveness of the Existing Plan to July
2014, the Amendment would also extend the time limit on the collection of tax increment
revenue to ten years beyond the July 2016 effectiveness limit, or to July 2024.
· Update Statement of Basic Objectives, General Land Use Plan, and Controls for
Consistency: The Existing Plan features land use provisions and redevelopment actions that
are inconsistent with the City's land use policy documents, such as the General Plan, Zoning
Ordinance (Title 19 of the Chula Vista Municipal Code), the Local Coastal Program, and the
Port District's Master Plan. Because the City and Port District use these aforementioned
documents to set and guide land use policy in the Project Area, it is important that the Plan
also reflect these policies. In order to better respond to the redevelopment needs more
effectively, the Amendment would replace the Existing Plan's Statement of Basic Objectives,
General Land Use Plan, and Controls with language that incorporates the City's and Port
District's land use documents, as they now exist, or are hereafter amended.
Added Area
To facilitate the redevelopment of Port District tidelands, the Amendment would also increase
the size of the Project Area by approximately 398 acres by incorporating the Added Area. The
redevelopment is necessary in the Added Area to mitigate a variety of physical and economic
conditions that have contributed to the lack of proper utilization of Port District tidelands in
Chula Vista relative to other tidelands in National City, San Diego, and Coronado. These
physical and economic conditions include: excessive vacant lots, low lease rates, inadequate
public infrastructure, incompatible uses, and suspected hazardous contamination. (These
conditions are more thoroughly described in Section B of this Report.) The Plan would permit
the Agency to embark on a comprehensive redevelopment program in the Added Area by
mitigating these conditions to facilitate viable redevelopment activities.
#" -Ira -e
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-8 Bayfront Amendment No.5 - Report to the City Council
A Description of the Projects Proposed by the Agency
The Agency's Five-Year Implementation Plan for the Project, included in Section C of this
Report, delineates a variety of infrastructure, community development, and affordable housing
projects and programs for the Existing Area, which, combined with additional activities in the
Added Area, will allow the Agency to undertake a comprehensive redevelopment effort
throughout the Project Area. These projects and programs include, without limitation, the
following:
. Cleanup of contaminated properties
. Realignment of"H" Street to Marina Parkway
. Disposition of Agency property as Bay Boulevard and "E" Street
. Completion of Midbayfront development agreement
. Construction of the Padres' Ballpark
If the Amendment is adopted, the extension of time limits will permit the Agency with greater
capabilities to initiate additional projects in the Existing Area. Further, by extending the Project
Area boundaries to include the Added Area, the Agency will be empowered to undertake
redevelopment activities in the Added Area as well. These additional redevelopment activities
will be established by future annual work programs, implementation plans, and the provisions of
the Plan. Overall, implementation of the Project will occur gradually over the remaining
duration of the Plan.
A Description of How the Proposed Projects Will Improve and Alleviate Blighting
Conditions
With the Amendment, the Agency would continue to implement a comprehensive community
development program. The authorities and provisions of the Plan have been developed to permit
the Agency to enact redevelopment projects targeting the blight that exists within the Project
Area.
,.(3r -/7 - 6
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-9 Bayfront Amendment No.5 - Report to tIre City Council
Infrastructure Imorovements. The traffic/circulation system improvements are those that have
.'
been identified in the various studies that the City has commissioned to address circulation
deficiencies within the Project Area. Construction of the "H" Street extension will better local
and regional access to the Project Area. Other infrastructure needs, such as those provided by
the Midbayfront development program, will be designed to increase the operational capacity of
Project Area roadways (through improved signage, signalization, and travelways), address the
shortage of civic and recreational facilities serving the Project Area (by upgrading and improving
local parks), and remove many barriers to economic growth (such as perimeter buffering to the
B.F. Goodrich property). Overall, street, sanitary sewer, storm drain, utility, public facility, and
other infrastructure projects in the Project Area will eliminate both physical and economic
blighting conditions.
Communitv Develooment ProiectslPrograms. These projects/programs are designed to address
the blighting conditions by assisting private enterprise with rehabilitation and/or expansion
activities, or through the acquisition of needed property. The Agency proposes to provide funds
to assist in land acquisition or the construction of on- and off-site infrastructure improvements,
or partially funding parking improvements. As existing structures age, the Agency also proposes
to provide assistance over the life of the Plan to facilitate the rehabilitation of these structures.
Such programs will enable the Agency to redevelop substandard properties in a manner
consistent with the General Plan. Also, the Agency will engage in efforts to alleviate hazardous
materials and other impediments to development in the Project Area. These programs will allow
the Agency to facilitate viable development of local and regional serving commercial and
industrial projects in the Project Area.
Housinll/Low and Moderate Income Assistance. The expenditure of Housing Fund revenues will
assist the City in implementing the goals and programs set forth in the Agency's Affordable
Housing Compliance Plan and the Housing Element of the City's General Plan, and will allow
the Agency to enhance housing opportunities for very low, low, and moderate income
households. Further, the proposed housing projects will eliminate blight in the community by
repairing or rehabilitating substandard or deteriorating residential structures.
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Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
A-IO Bayfront Amendment No.5 - Report to tile City Council
SECTION B
A Description of the Physical and Economic Blighting
Conditions Existing in the Project Area
This section identifies and describes the physical and economic conditions in the Project Area.
Definition of Blight
The Law defines the physical and economic blight that must be pervasive in a redevelopment
project area. Pursuant to Section 33030 of the Law, properties in a redevelopment project area
must exhibit both physical and economic blight, which is summarized below:
Physical blight includes the following:
1. Buildings in which it is unsafe or unhealthy for persons to Jive or work. These conditions
can be caused by serious building code violations, dilapidation and deterioration, defective
design or physical construction, faulty or inadequate utilities, or other similar factors.
2. Factors that prevent or substantially hinder the economically viable use or capacity of
buildings or lots. This condition can be caused by a substandard design, inadequate size
given present standards and market conditions, lack of parking, or other similar factors.
3. Adjacent or nearby uses that are incompatible with each other and which prevent the
economic development of those parcels or other portions ofa project area.
4. The existence of subdivided lots of irregular form and shape and inadequate size for proper
usefulness and development that are in multiple ownership.
Economic blight includes the following:
I. Depreciated or stagnant property values or impaired investments, including, but not
necessarily limited to, those properties containing hazardous wastes.
2. Abnormally high business vacancies, abnormally low lease rates, high turnover rates,
abandoned buildings, or excessive vacant lots within an area developed for urban use and
served by utilities.
3. A lack of necessary commercial facilities that are normally found in neighborhoods,
including grocery stores, drug stores, and banks and other lending institutions.
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Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-1 Bayfront Amendment No.5-Report to the City Council
.
4. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater
exclusively to adults, that has led to problems of public safety and welfaro:.
5. A high crime rate that constitutes a serious threat to the public safety and welfare.
The Law also characterizes other conditions such as inadequate public improvements as blight
when other blighting conditions are present; more specifically, Section 33030(c) of the Law
provides as follows:
A blighted area also may be one that contains the (physical) conditions described in
subdivision (b) and is, in addition, characterized by the existence of inadequate public
improvements, parking facilities, or utilities.
Existing Area
F or the Existing Area, the blighting conditions that were present when the Original Plan was
considered in 1974 are delineated in the Original Plan. In general, the Agency concluded that the
Project Area was plagued by serious physical and economic conditions that could not be reversed
without redevelopment. These conditions included the following:
. The existence of soil and groundwater contamination from hazardous materials that have
depreciated property values and impaired investments and that can only be economically
remediated through the use of redevelopment powers.
. The substantial existence of environmentally sensitive and degraded wetlands which require
extraordinary land dedication, restoration, and long-term mitigation monitoring, all of which
create a substantial burden on the economic use of the properties and result in depreciated
values and impaired investments.
. The lack of public improvements and utilities, which combined with the blighting conditions
listed above, creates a serious physical and economic burden on Chula Vista which cannot be
alleviated practically by government or private activity without redevelopment powers.
The Law requires a reevaluation of the blighting conditions only if an agency proposes to amend
a redevelopment plan by either extending the time limit to incur debt beyond January I, 2004, or
increase the tax increment limit. Because the proposed Amendment neither would extend time
limitations beyond January 1,2004, nor increase the Existing Plan's, $210.0 million limitation
on the number of dollars to be allocated to the Agency on behalf of the Project, a reevaluation of
blight in the Existing Area is not necessary or required for the proposed Amendment.
j3F-,,2..0 -13
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-2 Bayfront Amendment No.5 - Report to tile City Council
Added Area
Redevelopment is needed in the Added Area to remove physical and economic impediments and
facilitate economically viable development of tidelands properties in the Chula Vista Bayfront.
Added Area vacant tidelands have been available for development since the Port District was
established as the custodian of County tidelands in 1962. Over this time period, most of these
properties have developed, making Chula Vista the most underutilized territory of the Port
District (Table B-1 below identifies the disposition of industrial tidelands). As of March 1998,
50.66 acres, or 41.6%, of the industrial and commercial land in the Added Area are undeveloped.
Hayfront Redevelopment Plan Amendment TABLE Er-1
Acres of Available Industrial Tidelands
Location Total Available Pending Percent
Acreage Acreage Acreage Leased
Added Area (Chula Vista) 112.8 35.1 68.9%
Shelter Island n/a
Harbor Island 163,7 100,0%
Centre City Embarcadero 53,9 1.4 97.4%
10th Avenue Marine Terminal 230,8 12.4 94.6%
National City 210.1 33.2 19.4 84.2%
Coronado n/a
Silver Strand n/a
South Bay I Imperial Beach n/a
Totals 771,3 82,1 19.4 89.4%
(excludes 416,3 acres at Lindberg Field)
Source:
San Diego Unified Port District, Industrial Land Demand and Absorption Update Report
(March 1995); Updated by RSG in March 1998
Note:
At the time this survey was originally prepared (March 1995), 112,8 of the 121.67 acres of
land in the Added Area was designated for Industrial use,
;3F - .;;2.1-/3
Rosenow Spevacek Group, Inc.
June 2, 1998
Chulu Vista Redevelopment Agency
B-3 Buyfront Amendment No.5 - Report to the City Council
~
To ascertain the causes of this lack of proper utilization in the Added Area,.~SG consulted with
over twenty-five different individuals from the Port District, City Community Development
Department, Added Area property management companies, environmental agencies, and active
commercial real estate companies between October 1997 and March 1998. Table B-2 identifies
these individuals consulted.
E1ayfront Redevelopment Plan Amendment TABLE B-2
List of Individuals and Organizations Consulted
Name
Organization
Title
Jay Arnett
Doug Hogan
Tom Martinez
Pam Buchan
Fred Kassman
Ronald McElliott
Ernie Esquibel
Donn Lipeia
Janet Ortiz
Stuart Keith
Bennett Greenwald
Joe Greeno
Skip Amerine
Mike Gonzales
Tamara Harris
Charles Fredrick
Thomas Mor9an
John Reardon
David Sandoval
Karen Zachary
Craig Dues
Doug Skarr
Ken Rydbrink
Art Blyer
Carol Julian
Steve Mizera
Industrial Broker
Retail Broker
Industrial Broker
Principal Comm. Dev. Specialist
Redevelopment Coordinator
OwnerlOperator
File Review Clerk
Hazardous Mat. Specialist
Chief Haz. Mat. Mgt. Division
Retail Broker
Local Developer
Retail Broker
Integ, Waste Mgt. Specialist
Project Manager
Environmental Analyst
Asset Manager
Senior Director
. (Since Retired)
Senior Asset Manager
Water Resource Control Engineer
Retail Broker
Supervising Haz, Subs. Scientist
Staff Programmer Analyst
Industrial Broker
Sanitary Engineering Assoc.
Information Systems Specialist
John Burnham & Co,
John Burnham & Co,
CB Commercial
Chula Vista Community Development Department
Chula Vista Community Development Department
Chula Vista Marina
Co. of San Diego Department of Environmental Health
Co, of San Diego Department of Environmental Health
Co, of San Diego Department of Environmental Health
Flocke & Avoyer
Greenwald Company
Grubb & Ellis
Integrated Waste Management Board
KEA Environmental
Morosco Newton, Inc,
Port of San Diego Real Estate Operations
Port of San Diego Development Services
Port of San Diego Real Estate Operations
Port of San Diego Real Estate Operations
Region 9 Water Quality Control Board
Retail Property Group
Toxic Substances Control I California EPA
Toxic Substances Control I California EPA
Voit Commercial Brokerage
Water Resources Control Board
Water Resources Control Board
Among these knowledgeable individuals, the general consensus was that a combination of
market. ohvsical. and economic factors have caused the stagnant condition of the Added Area.
Market conditions include poor demand for retail and industrial properties throughout Southern
California during the early to mid-1990's, and stale Port District land use policies that
encouraged the construction of aviation and maritime industrial related uses which are not
Rosenow Spevacek Group, Inc.
June 2, 1998
f3F -.;2.;;( - f3
Chula Vista Redevelopment Agency
B-4 Bayfront Amendment No.5 - Report to the City Council
generally considered viable today in the Added Area. However, these market factors have
.'
affected the Added Area and other Port District's properties equally and do not alone explain
why the lack of utilization in the Added Area is more acute.
Beyond these market-sensitive factors are additional factors that have impacted the long-term
neglect for the Added Area. These long-term factors include physical and economic conditions
that have hindered development both in good and bad economic periods. These conditions have
not only inhibited development of Added Area properties, but have secondarily become a
liability on the Port District's $10 million investment in the Chula Vista Marina.
Blillhting Conditions Present in Added Area
The following physical and economic conditions are found in the Added Area (the correlating
sections of the Law are noted in parentheses). The blight map, included herein as Exhibit B-1,
graphically depicts the specific location of each of these conditions.
Rosenow Spevacek Group, Inc.
June 2, 1998
jJF -;;) 3 -.6
Chula Vista Redevelopment Agency
B-S Bayfront Amendment No.5 - Report to the City Council
'T'
Bayfront Redevelopment Plan Amendment EXHIBIT B-1
Blight Map
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. Excessive vacant lots
. Inadequate circulation
. Low lease rates
. Factors hindering economically
viable use
. Impaired investments due to
suspected hazardous
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. Land use incompatibilities
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/3F -~ t./ - 13
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-6 Bayfront Amendment No.5 - Report to the City Council
. Impaired investments due to suspected hazardous contamination in the Added Area (Section
33031(b)(l)); .'
. Excessive vacant lots (Section 33031(b)(2));
. Land use incompatibilities caused by existing industrial uses (Section 33031(a)(3));
. Inadequate circulation (Section 33030(c));
. Abnormally low commercial lease rates discouraging new development (Section
3303 1 (b)(2)); and
· F actors substantially hindering the economically viable use of Added Area properties
(Section 3303 1 (a)(2)).
Sections 33030 and 33031 of the Law enumerate each of these six physical and economic
conditions as causes of blight. With the Amendment, the Agency may embark on a coordinated
redevelopment program to alleviate blighting conditions in the Added Area.
This section of the Report analyzes these physical and economic conditions in the Added Area.
. Imnaired Investments/Suspected Hazardous Contamination. \Vhile no comprehensive
assessment of soils and/or groundwater has been conducted in the Added Area (or, if such
tests have been conducted by private parties with access to the Added Area, the results have
not been made public), there is universal concern among Port District and City staff over the
presence of hazardous contamination in the Added Area. In large part, this concern stems
from the long-term transportation, use, generation, and storage of hazardous materials at the
B.F. Goodrich manufacturing facility on Marina Parkway, as a 45-year old manufacturer of
aircraft nacelles. Based on known contamination resultinll from similar types of opera ti ons
locally and nationwide, there is a high likelihood of soil and/or groundwater contamination in
and around the B.F. Goodrich facility.
According to the Final Environmental Impact Renort for the Chula Vista Business Park
Expansion and Port Master Plan Amendment (September 1997) prepared by KEA
Environmental, the B.F. Goodrich (formerly Rohr Industries) facility ".. .has underground
(storage) tanks, which have been reported as leaking, and above-ground storage tanks. Rohr
(B.F. Goodrich) also has reported releases of oil and hazardous substances." (The Regional
t3F-';;'S--1S
Rosenow Spevacek Group, Inc.
June 2, 1998
Chu/a Vista Redevelopment Agency
B- 7 Bayfront Amendment No.5 - Report to the City Council
.~
Office of the State Water Quality Control Board has 6 cases of leaking underground tanks,
while the County Department of Environmental Health reports thai'there have been 9
unauthorized releases at the B.F. Goodrich property.) The Master Plan FEIR concludes that
"Based on known evidence, there is potential for significant impacts (emphasis added) to the
soil and groundwater resulting from the transportation, utilization, generation, and storage of
hazardous materials by Rohr Industries, Inc." Potential hazardous contamination impacts
include many adverse outcomes, including neurological damage, birth defects, and cancer.
On March 26, 1998, the State Water Resources Control Board issued B.F. Goodrich a
"Cleanup and Abatement Order" (CAO 98-08). The CAO indicated that B.F. Goodrich
(Rohr) has discharged chlorinated solvents, metals, and fuel hydrocarbons to soil and ground
water in multiple locations and metals into the storm water conveyance system serving the
site. Other wastes associated with metal melting, metal casting, metal parts fabrication,
degreasing, cleaning, anodizing, plating, chemical milling, conversion coaring, painting, and
sludge treatment/recycling activities may have been discharged. Discharges of waste from
the storm water conveyance system, whether from within the system or infiltrative, are
carried to San Diego Bay by daily tidal flux and storm water. Discharges of waste from Rohr
have caused an exceedance of water quality objectives in ground water and surface water."
The CAO outlined a series of comprehensive directives to B.F. Goodrich to cleanup the
waste and the effects of the discharges. these directives include:
. Providing a sitewide environmental assessment;
· Conducting comprehensive storm water runoff sampling;
· Conducting a comprehensive storm water conveyance system investigation;
· Performing sitewide data compilation and evaluation; and
· Interim remedial actions as necessary to abate or correct the effects of the discharge
and/or to mitigate emergency situations.
&= -.2..(P - ~
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevetopment Agency
B-8 Bayfront Amendment No.5 - Report to the City Council
Depending upon the nature of hazardous contamination at the B.F. Goodrich site, the affected
area may extend to adjoining Added Area parcels. Mitigation measures contained in the
Master Plan FEIR include "evaluation of possible soil and groundwater contamination...on
the drainage channel adjacent to all storm water culverts and discharge pipes" prior to the
development of the l4.99-acre parcel south of the B.F. Goodrich facility. Seven of the nine
vacant parcels (nearly half of the total number of parcels in the Added Area) in the Added
Area are between 9 and 1,500 feet of the B.F. Goodrich property.
Both City Community Development and Port District real estate operations staffs agree that
suspected hazardous contamination impairs investments and is among the reasons why
developers have avoided pursuing projects in the Added Area, for fear that tests of the soils
and water table would confirm the presence of hazardous contamination. Because costs of
toxic contamination cleanup can be excessive, it is more desirable to pursue development
projects outside the Added Area where hazardous contamination concerns are less acute.
With redevelopment in the Added Area, the Agency and Port District may assist prospective
developers with their efforts to remediate any hazardous contamination. For nearly 20 years,
acquisition and development of properties that contain or are suspected to contain hazardous
materials contamination has been have been hindered by the strict liability assignment
pursuant to the Comprehensive Environmental Response, Cleanup and Liability Act of 1980
(CERCLA). Under this strict liability scheme, any property owner or operator, regardless of
fault or contribution to the contamination problem, would become a responsible party;
liability is joint and several, meaning that an innocent owner or operator with financial
resources could be pursued in lieu of the actual perpetrator. This applies to contamination
that may have migrated from one property to another. Therefore, the combination of factors:
a World War II era aerospace manufacturer, and environmental laws that assign liability
without consideration of actual responsibility, have resulted in a negative stigma being
assigned to properties within the Added Area, regardless of their actual level of
contamination.
Including the Added Area into the Project Area would provide useful tools for the
elimination of this blighting influence. One of the most effective instruments that the
RosenoHJ Spevacek Group, Inc.
June 2, 1998
J3F -.;;. 7 -,<3
Chula Vista Redevelopment Agency
B-9 Bayfront Amendment No.5 - Report to the City Council
Agency has made extensive use of in the past is Section 33459 of the Law, otherwise known
as the "Polanco Act". The Polanco Act allows redevelopment agencies"to assume an active
role in site investigation and cleanup, as a regulatory agency. Bust most importantly, it
provides for the assignment of immunity after cleanup is complete. Regulatory action cannot
be pursued any further for environmental problems addressed through the Polanco Act with
this immunity, unlike the typical "no further action" approach which leaves future cleanup
responsibilities in question. An added feature of this law is that the immunity is transferable
to future owners or operators. The ability to utilize the Polanco Act in the Added Area would
greatly reduce the negative stigma on these properties with respect to potential environmental
contamination and would help eliminate that particular blighting influence.
. Excessive Vacant Lots. The Added Area consists of 15 parcels, of which 9 (60%) are vacant.
Exhibit B-2 depicts the location of the 9 vacant lots in the Added Area. As identified earlier
on Table B-1, the proportion of vacant properties in the Added Area is excessive relative to
other Port District tidelands.
I3-F -.J.. 'if - t3
Rosenow Spevacek Group, Inc.
June 2, 1998
Chulu Vista Redevelopment Agency
B-IO Bayfront Amendment No.5-Report to tIre City Council
Vacant Parcels in Added Area
Bayfront Redevelopment Plan Amendment EXHIBIT B-2
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Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-II Bayfront Amendment No.5 -Report to the City Council
.
While all 9 lots are within an area developed for an urban use, subdivided, and serviced by
roads and utilities, there has been virtually no development interest in developing these lots
for four decades. In fact, since the early 1980's, the only development that has occurred in
the Added Area directly resulted from three Port District-initiated public projects (Chula
Vista marina, Bayside Park, and Chula Vista Bayfront Park). ,This history suggests that
continued public participation will be necessary to facilitate buildout of the Added Area.
Adoption of the Amendment permits the Agency to become proactive in pursuing
development of the Added Area. The Plan encourages the Agency to execute development
and disposition agreements to coordinate development projects, assist with off-site
improvements, and engage in other economic development activities.
. Land Use Incomnatibilities. Discussions with the CitylPort District staff and real estate
brokers suggests that the physical condition of the B.F. Goodrich facility discourages the
development of industrial and commercial recreational uses to complement the adjoining
marina facility along Marina Parkway. The B.F. Goodrich facility (over 1.0 million square
feet in building area) consists of 32 buildings which were constructed over 45 years ago.
Because of the facility's older design and lack of visual buffers, this property is unsightly and
presents incompatibilities with prospective development in the Added Area. The following
Exhibits B-3 through B-5 are a series of photographs of the B.F. Goodrich facility taken in
March 1998. These photographs show a lack of landscaping or other visual buffers to
surrounding properties in the area. According to local brokers active in the area, the physical
condition of the B.F. Goodrich property negatively impacts delivery and user interest and
lease rates in the Added Area, as discussed later in this section. As a result, while the B.F.
Goodrich facility is certainly an economic asset to the City and South Bay region in the form
of significant jobs, the physically unattractive condition of the facility conflicts with potential
development of uses to complement the Chula Vista marina. Similarly, as shown on Exhibit
B-6, the South Bay Boatyard contains deteriorating, unscreened structures and equipment
that are clearly visible from adjacent vacant lots.
BF -30 -.<3
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-I2 Bayfront Amendment No.5-Report to tlte City Council
'"1'"
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B.F. Goodrich Property, as viewed from "J" Street looking north. This photograph depicts older,
deteriorating structures immediately adjacent to a vacant commercial recreational lot. The physical
condition and appearance of these and other B.F. Goodrich buildings discourage development ot
commercial uses to complement the nearby Chula Vista Marina
B.F. Goodrich Property, as viewed from the Chula Vista Marina. This photograph shows open storage of
equipment and corroded metal structures.
Rosenow Spevacek Group, Inc.
June 2, 1998
,e;E-31-13
Chula Vista Redevelopment Agency
B-I3 Bayfront Amendment No.5 - Report to the City Council
.'
EXHIBIT B-5
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B.F. Goodrich Property, looking east from Marina Parkway. This photograph shows obsolete corrugated
metal structures and rusted manufacturing facilities.
South Bay Boatyard, as viewed from the south from "G" Street. Like the B.F. Goodrich property, this
property contains oider, damaged, and deteriorating metal structures that are clearly visible from vacant
lots.
Rosenow Spevacek Group, Inc.
June 2, 1998
I3F -.3;;" -,6
Chula Vista Redevelopment Agency
B-I4 Bayfront Amendment No.5-Report to tlte City Council
The Agency may use redevelopment to assist property owners with improvements to buffer
or otherwise mitigate the negative impacts of the B.F. Goodrich and. other deteriorating
facilities.
. Inadequate Circulation. The Added Area is constrained by poor east-west vehicular access
that prohibits convenient local and regional access to the retail, recreational, and industrial
uses in the Added Area.
According to the "H" Street Extension Feasibilitv Studv (July 1997) conducted by Boyle
Engineering Corporation, extension of "H" Street from its terminus at the east side of the
B.F. Goodrich property to Marina Parkway could substantially improve pedestrian,
automobile, and mass transit access to the greater Bayfront Area. However, according to
City and Port District staff, the extension of "H" Street is both an expensive and extensive
endeavor. First, preliminary costs estimates exceed $6.8 million, nearly six times the City's
average cost per mile on other road construction projects. Second, in order to construct the
extension, approximately I 0 structures of the B.F. Goodrich facility may need to be relocated
or significantly altered because they are within the preferred alignment of the "H" Street
extension. The preliminary relocation cost estimate are at least $915,000
Not included in the project cost estimate are expenditures which may be necessary to clean
up hazardous contamination discovered in the course of relocating the structures off the
roadway alignment. These remediation costs could add hundreds, thousands, or millions of
dollars to the total project cost. The extent, nature, and remediation costs of any hazardous
contamination are unknown at this time because no tests have yet been conducted.
According to the Port District's ten-year capital improvement program for the period
beginning in the year 1998 and ending in 2007, the Port District only proposes to fund further
study of this project in the next ten years. No Port District funding has been budgeted to
meet the costs associated with the construction of the extension project. Also, the City does
not have the capital improvement resources available to fund the "H" Street extension
without the inclusion of the Added Area into the Project Area.
By extending the Project Area into the Added Area, the Agency will have additional
financial resources which may be pledged to the H Street extension project. Funding this
L3E -..33 - t8
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-I5 Bayfront Amendment No.5 - Report to the City Council
project will be critical to the overall viability of both existing and future development in the
entire Bayfront area.
. Low Lease Rates. In March 1998, RSG conducted a survey of real estate professionals
actively marketing properties either within or in the general vicinity of the Added Area. The
purpose of this survey was to evaluate current lease rates for various types of commercial
space permitted in the Added Area. Three categories of commercial lease rates were
analyzed: (I) multitenant industrial, (2) research and development industrial, and (3)
retail/entertainment center. The results of the telephone survey are indicated on Table B-3
below.
B'ayfront Redevelopment Plan Amendment TABLE B-3
Broker's Opinions of Potential Added Area Lease Rates
Product Type
Added Area
Rents
Comparable
Rents
Multi Tenant Industrial
Research and Development
Retail I Entertainment Center
$
$
$
0,35 $
0.55 $
135 $
0.53
0,67
1.50
Source:
RSG telephone survey; March 1998
Notes:
Rents expressed in dollars per square foot per month, triple net
Comparable Rents for industrial and R & D properties based on South Bay rent
levels reported by Grubb and Ellis for the South Bay, fourth quarter 1997;
Comparable Rents for Retail I Entertainment Centers based on telephone interviews
with South Bay retail brokers
In the opinion of the brokers consulted, the lease rates indicated in Table B-3 are reflective of
the market's somewhat depreciated view of the Added Area. Other comparable locations
have rents as much as 50% higher than the Added Area.
Low lease rates are a result of many of the physical and economic conditions present in the
Added Area and are too low to support commercial development. To demonstrate this, RSG
developed a series of residual land value analyses for the 7 vacant parcels most acutely
impacted by Added Area development impediments. The residual land value analysis
&=' -~~ -,6
Chula Vista Redevelopment Agency
B-I6 Bayfront Amendment No.5-Report to tile City Council
RosenoHJ Spevacek Group, Inc.
June 2, 1998
technique is commonly used by developers and real estate investors to gauge whether the
total value of a project (based upon its anticipated rental income levels) exceeds the costs of
land acquisition and development and is, therefore, considered viable. (The basic premise of
profitable land development is that improvement increases the underlying value of the land.)
In the event that a project's rent levels do not yield a value that exceeds land and
development costs, development of such property is not considered feasible.
Tables B-4(a) through B-4(g) present the results of RSG's residual land value analysis for
each of the 7 sites. The assumptions used in the residual analysis were derived from
consultations from local real estate professionals, and City and Port District planning staff.
6F -35" -,6
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-I7 Bayfront Amendment No.5 - Report to tIle City Council
Eayfi'ont Redevelopment Plan Amendment TABLE B-4(a)
Added Area Residual Land Value Analysis
Site 1 (Parcel 1)
PROJECT DESCRIPTION G St / Marina Pkwy
Site Area Square Feet 72,736
Site Area Acres 1,67
Hypothetical Use Single Story/Multi Tenant Industrial
Master Plan Designation Marine-Related Industrial
Lot Coverage OAO
Gross Building Area (GSF) 29,094
Net Building Area 29,094
On Site Landscaping, Parking & Loading Area 43,642
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Development Costs
Direct Construction $25/gs1 $ 727,360 $ 25.00
Tenant Improvements (TL's) $7/gs1 203,661 7,00
On-Site Improvements $2,15/sf 93,829 3,23
Off-Site Improvements $0.25/s1 18,184 0.63
Indirect Costs (including Financing) $14.75/gs1 429,142 14,75
Total Development Costs Excluding Land $ 1,472,177 $ 50.60
Capitalized Project Value
Gross Scheduled Rents $0,35/s1 (nnn) $ 122,196 $ 4.20
(Less) Vacancy and Bad Debt 7,50% (9,165) (0,32)
Effective Gross Income (EGI) $ 113,032 $ 3.89
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (3,391) $ (0.12)
Reserves $0.15/s1 (10,910) (0.38)
Total Operating Expenses (14,301) (OA9)
Net Operating Income (NOI) $ 98,730 $ 3.39
Capitalized Project Value 10% CAP Rate $ 987,304 $ 33,93
(Less) Cost of Sale 3% Value (29,619) (1,02)
(Less) Developer Profit 10% Value (98,730) (3.39)
Total Warranted Investment 858,954 29,52
(Less) Development Costs $ (1,472,177) $ (50.60)
Residual Warranted Investment $ (613,222) $ (21,08)
Residual Value per SF Land $ (8A3)
N -.3.{p -IE
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-I8 Bayfront Amendment No.5-Report to the City Council
. Bayfront Redevelopment Plan Amendment TABLE B-4(b)
Added Area Residual Land Value Analysis
Site 2 (Parcel 2)
PROJECT DESCRIPTION G St / Marina Pkwy
Site Area Square Feet 201.439
Site Area Acres 4,62
Hypothetical Use Single Story/Multi Tenant Industrial
Master Plan Designation Marine-Related Industrial
Lot Coverage 0.40
Gross Building Area (GSF) 80,576
Net Building Area 80,576
On Site Landscaping, Parking & Loading Area 120,863
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Development Costs
Direct Construction $25/gs1 $ 2,014,390 $ 25,00
Tenant Improvements (T.I.'s) $7/gs1 564,029 7,00
On-Site Improvements $2,15/sf 259,856 3.23
Off-Site Improvements $0.25/s1 50,360 0.63
Indirect Costs (including Financing) $14,75/s1 1,188,490 14,75
Total Development Costs Excluding Land $ 4,077,125 $ 50,60
Capitalized Project Value
Gross Scheduled Rents $0.35/s1 (nnn) $ 338,418 $ 4.20
(Less) Vacancy and Bad Debt 7,50% (25,381) (0.32)
Effective Gross Income (EGI) $ 313,036 $ 3.89
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (9,391) $ (0.12)
Reserves $0,15/s1 (30,216) (0.38)
Total Operating Expenses (39,607) (0.49)
Net Operating Income (NOI) $ 273.429 $ 3.39
Capitalized Project Value 10% CAP Rate $ 2,734,293 $ 33,93
(Less) Cost of Sale 3% Value (82,029) (1.02)
(Less) Developer Profit 10% Value (273,429) (339)
Total Warranted Investment 2,378,835 29,52
(Less) Development Costs $ (4,077,125) $ (50,60)
Residual Warranted Investment $ (1,698,291 ) $ (21.08)
Residual Value per SF Land $ (8.43)
~-.37 -1f5
Rosenow Speyacek Group, Inc.
June 2, 1998
Chulu Vista Redevelopment Agency
B-I9 BayfrontAmendment No.5-Report to the City Council
.
EJayfrontRedevelopment Plan Amendment TABLE B-4(c)
Added Area Residual Land Value Analysis
Site 3 (Parcel 5)
PROJECT DESCRIPTION Marina Pkwy
Site Area Square Feet 652,819
Site Area Acres 14.99
Hypothetical Use Retail I Entertainment Center
Master Plan Designation Industrial Business Park
Lot Coverage 0.23
Gross Building Area (GSF) 150,148
Net Building Area 150,148
On Site Landscaping, Parking & Loading Area 502,671
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Development Costs
Direct Construction $60/gsf $ 9,008,902 $ 60,00
Tenant Improvements (T,I.'s) $13/gsf 1,951,929 13.00
On-Site Improvements $4/sf 2,010,683 13,39
Off-Site Improvements $0,75/sf 489,614 3.26
Indirect Costs (including Financing) $30/sf 4,504,451 30.00
Total Development Costs Excluding Land $ 17,965,579 $ 119,65
Capitalized Project Value
Gross Scheduled Rents $1.35/sf (nnn) $ 2,432,404 $ 16.20
(Less) Vacancy and Bad Debt 8,00% (194,592) (1.30)
Effective Gross Income (EGI) $ 2,237,811 $ 14.90
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (67,134) $ (0.45)
Reserves $0,15/sf (97,923) (0,65)
Total Operating Expenses (165,057) (1.10)
Net Operating Income (NOI) $ 2,072,754 $ 13,80
Capitalized Project Value 10% CAP Rate $ 20,727,541 $ 138.05
(Less) Cost of Sale 3% Value (621,826) (4.14)
(Less) Developer Profit 10% Value (2,072,754) (13.80)
Total Warranted Investment 18,032,961 120,10
(Less) Development Costs $ (17,965,579) $ (119.65)
Residual Warranted Investment $ 67,382 $ 0.45
Residual Value per SF Land $ 0.10
I3F-3g-6
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-20 Bayfront Amendment No.5 - Report to tlte City Council
Bayfrant Redevelopment Plan Amendment TABLE B-4(d)
Added Area Residual Land Value Analysis
Site 4 (Parcel 6)
PROJECT DESCRIPTION G St I Marina Pkwy
Site Area Square Feet 471,498
Site Area Acres 10.82
Hypothetical Use Single Story/Multi Tenant Industrial
Master Plan Designation Industrial Business Park
Lot Coverage 0.40
Gross Building Area (GSF) 188,599
Net Building Area 188,599
On Site Landscapin9, Parking & Loading Area 282,899
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Development Costs
Direct Construction $25/gs1 $ 4,714,980 $ 25.00
Tenant Improvements (T.I.'s) $7/gs1 1,320,194 7,00
On-Site Improvements $2,15/s1 608,232 3.23
Off-Site Improvements $0,25/51 117,875 0,63
Indirect Costs (including Financing) $14.75/51 2,781,838 14.75
Total Development Costs Excluding Land $ 9,543,120 $ 50.60
Capitalized Project Value
Gross Scheduled Rents $0.35/51 (nnn) $ 792,117 $ 4.20
(Less) Vacancy and Bad Debt 7,50% (59,409) (032)
Effective Gross Income (EGI) $ 732,708 $ 3.89
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (21,981) $ (0.12)
Reserves $0,15/51 (70,725) (0,38)
Total Operating Expenses (92,706) (0.49)
Net Operating Income (NOI) $ 640,002 $ 3.39
Capitalized Project Value 10% CAP Rate $ 6,400,020 $ 33.93
(Less) Cost of Sale 3% Value (192,001) (1,02)
(Less) Developer Profit 10% Value (640,002) (3,39)
Total Warranted Investment 5,568,017 29.52
(Less) Development Costs $ (9,543,120) $ (50,60)
Residual Warranted Investment $ (3,975,103) $ (21,08)
Residual Value per SF Land $ (8.43)
,6F -39-,6
Rosenow Spevacek Group, Inc.
June 2, 1998
Chulu Vista Redevelopment Agency
B-2! Bayfront Amendment No.5-Report to the City Council
~'
BayfrontRedevelopment Plan Amendment TABLE B-4(e)
Added Area Residual Land Value Analysis
Site 5 (Parcel 7)
PROJECT DESCRIPTION G St. / Sandpiper Way
Sile Area Square Feet 140,358
Site Area Acres 3.22
Hypothetical Use Single Story/Multi Tenant Industrial
Master Plan Designation Industrial Business Park
Lot Coverage 0.40
Gross Building Area (GSF) 56,143
Net Building Area 56,143
On Site Landscaping, Parking & Loading Area 84,215
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Development Costs
Direct Construction $25/gs1 $ 1,403,580 $ 25.00
Tenant Improvements (T,I.'s) $7/gs1 393,002 7,00
On-Site Improvements $2,15/s1 181,062 3.23
Off-Site Improvements $0.25/s1 35,090 0.63
Indirect Costs (including Financing) $14,75/s1 828,112 14.75
Total Development Costs Excluding Land $ 2,840,846 $ 50.60
Capitalized Project Value
Gross Scheduled Rents $0,35/sf (nnn) $ 235,801 $ 4,20
(Less) Vacancy and Bad Debt 7,50% (17,685) (0.32)
Effective Gross Income (EGI) $ 218,116 $ 3,89
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (6,543) $ (0,12)
Reserves $0.15/s1 (21,054) (0,38)
Total Operating Expenses (27,597) (0.49)
Net Operating Income (NOI) $ 190,519 $ 3,39
Capitalized Project Value 10% CAP Rate $ 1,905,191 $ 33.93
(Less) Cost of Sale 3% Value (57,156) (1,02)
(Less) Developer Profit 10% Value (190,519) (3.39)
Total Warranted Investment 1,657,517 29,52
(Less) Development Costs $ (2,840,846) $ (50,60)
Residual Warranted Investment $ (1,183,329) $ (21,08)
Residual Value per SF Land $ (8.43)
i3-i=' -40 -13
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
8-22 Bayfront Amendment No.5 - Report to the City Council
Eiayfront Redevelopment Plan Amendment TABLE B-4(f)
Added Area Residual Land Value Analysis
Site 6 (Parcel 9)
PROJECT DESCRIPTION G St. / Sandpiper Way
Site Area Square Feet 320,776
Site Area Acres 7,36
Hypothetical Use Two Story/R & D Industrial Tilt Up
Master Plan Designation Industrial Business Park
Lot Coverage 0,35
Gross Building Area (GSF) 112,272
Net Building Area 112,272
On Site Landscaping, Parking & Loading Area 208,504
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Development Costs
Direct Construction $35/gs1 $ 3,929,506 $ 35,00
Tenant Improvements (TI.'s) $15/gs1 1,684,074 15,00
On-Site Improvements $2,65/sf 552,537 4,92
Off-Site Improvements $0,25/sf 80,194 0,71
Indirect Costs (including Financing) $14,75/s1 1,656,006 14,75
Total Development Costs Excluding Land $ 7,902,317 $ 70.39
Capitalized Project Value
Gross Scheduled Rents $0.55/s1 (nnn) $ 740,993 $ 6,60
(Less) Vacancy and Bad Debt 8,00% (59,279) (0.53)
Effective Gross Income (EGI) $ 681,713 $ 6,07
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (20,451) $ (0,18)
Reserves $0,15/s1 (48,116) (0.43)
Total Operating Expenses (68,568) (0.61)
Net Operating Income (NO I) $ 613,145 $ 5.46
Capitalized Project Value 10% CAP Rate $ 6,131,454 $ 54.61
(Less) Cost 01 Sale 3% Value (183,944) (1,64)
(Less) Developer Prolit 10% Value (613,145) (5.46)
Total Warranted Investment 5,334,365 47.51
(Less) Development Costs $ (7,902,317) $ (70,39)
Residual Warranted Investment $ (2,567,952) $ (22.87)
Residual Value per SF Land $ (8.01)
/3F-41 -13
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-23 Bayfront Amendment No.5 - Report to the City Council
BayfrontRedevelopment Plan Amendment TABLE B-4(g)
Added Area Residual Land Value Analysis
Site 7 (Parcel 1 0)
PROJECT DESCRIPTION G St. / Quay Ave.
Site Area Square Feet 84,847
Site Area Acres 1,95
Hypothetical Use Two Story/R & D Industrial Tilt Up
Master Plan Designation Industrial Business Park
Lot Coverage 0.35
Gross Building Area (GSF) 29,696
Net Building Area 29,696
On Site Landscaping, Parking & Loading Area 50,908
RESIDUAL LAND VALUE Assumptions Totals $ Per GSF
Deve/opment Costs
Direct Construction $35/gs1 $ 1,039,376 $ 35,00
Tenant Improvements (T.I.'s) $15/gs1 445,447 15,00
On-Site Improvements $2,65/sf 134,907 4.54
Off-Site Improvements $0,25/sf 21,212 0,71
Indirect Costs (including Financing) $14,75/s1 438,023 14,75
Total Development Costs Excluding Land $ 2,078,964 $ 70,01
Capitalized Project Value
Gross Scheduled Rents $0.55/s1 (nnn) $ 195,997 $ 6,60
(Less) Vacancy and Bad Debt 8,00% (15,680) (053)
Effective Gross Income (EGI) $ 180,317 $ 6,07
(Less) Operating Expenses
Management Expense & Fees 3,00% EGI $ (5,410) $ (0.18)
Reserves $0,15/s1 (12,727) (0.43)
Total Operating Expenses (18,137) (0,61)
Net Operating Income (NOI) $ 162,180 $ 5.46
Capitalized Project Value 10% CAP Rate $ 1,621,803 $ 54.61
(Less) Cost 01 Sale 3% Value (48,654) (1.64)
(Less) Developer Prolit 10% Value (162,180) (5.46)
Total Warranted Investment 1,410,969 47.51
(Less) Development Costs $ (2,078,964) $ (70.01)
Residual Warranted Investment $ (667,995) $ (22.49)
Residual Value per SF Land $ (7,87)
AF -~~-t!;
Rosenow Spevacek Group, Inc.
June 2, 1998
Cl,ula Vista Redevelopment Agency
B-24 Bayfront Amendment No.5 - Report to the City Council
As indicated in the residual analyses, the warranted investment based upon the project's
value at the current market rent levels is less than what a developer would have to pay to
secure the land and construct the improvements. The residual values for the industrial and
research and development projects are negative, meaning that development costs exceed the
value of the completed project. For the retail/entertainment project (shown on Table B-4(c))
while the costs of development are $0.10 per square feet less than the project's value, this
$0.10 margin is not sufficient to cover the current value of Port District land. (Based on
recent site-specific appraisals, Port District real estate operations staff indicated that Added
Area land is valued at $5.50 to $10.00 per square foot.) As a result, development at each of
the 7 sites by private parties is not feasible given current market lease rates, and other
impediments to development.
Redevelopment in the Added Area could result in direct and indirect increases of below-
market commercial lease rates. For example, the Agency could undertake improvements in
the Added Area to enhance the marketability of vacant parcels. On a more project specific
basis, the Agency could enter into development and disposition agreements to upgrade
existing commercial properties, or encourage the development of higher quality projects.
. Factors Hinderinll Economicallv Viable Use. The combination of the negative impacts ofthe
B.F. Goodrich property, a lack of convenient vehicular access, low lease rates, and likely
hazardous contamination hinder the viable development of Added Area properties. As
indicated in the residual land value analysis presented earlier, development under the current
physical and economic conditions is not economically viable. Industrial and retail brokers
indicated that many potential users are deterred by these conditions, thus reducing the pool of
potential development opportunities for the Added Area.
With the inclusion of the Added Area into the Project Area, the Agency may address these
barriers to viable development by constructing public improvements to improve access and
the overall character of the Added Area, or by working with B.F. Goodrich to mitigate visual
impacts to adjoining properties.
;31=- ~3 -~
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-25 Bayfront Amendment No.5 - Report to the City Council
.~
Conclusion
To recap, Added Area properties suffer from factors that hinder their economically viable use,
low lease rates, inadequate circulation, land use incompatibilities, excessive vacant lots, and
suspected hazardous contamination. These physical and economic conditions are consistent with
the Law's definition of blight. Redevelopment of the Added Area can alleviate these conditions
through the dedication of new community development and economic resources currently not
available to property owners, developers, the City, or the Port District.
Q4'-1 -~
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
B-26 Bayfront Amendment No.5 - Report to the City Council
SECTION C
An Implementation Plan that Describes Specific
Goals, Objectives, Projects, and Expenditures for the
Next Five Years and a Description of How These
Projects Will Improve or Alleviate Blighting Conditions
On December 13, 1994, the Agency adopted its Five-Year Implementation Plan
("Implementation Plan") for the Project which sets forth the Agency's specific goals and
objectives for the Existing Area, the anticipated programs, projects and expenditures for the
calendar years 1995 through 1999, and an explanation of how these goals, objectives, programs,
projects, and expenditures will eliminate blight and increase and improve the supply of
affordable housing. On September 19, 1997, the Agency conducted a mid-term public hearing to
review and amend the Implementation Plan. A copy of the current Implementation Plan is
included at the end of this Section of this Report.
Because the Implementation Plan does not address implementation activities for the proposed
Added Area, the Agency has developed the following addendum to the list of proposed programs
and projects for the Added Area through 1999:
. Marina Parkwav Realillnment: In conjunction with the extension of "H" Street, the
Agency will realign Marina Parkway to better connect the Marina area to Mid-
Bayfront. This project will eliminate inadequate infrastructure blight and achieve the
Plan's goals by enhancing circulation throughout the Project Area.
Over the remaining term of the Implementation Plan (through 1999), staff estimates
the Agency could incur approximately $1.0 million in project costs
. Environmental Testing and Master Plan Activities: During the next 18 months, the
Agency proposes to facilitate testing for hazardous contamination and prepare a
master plan for the Added Area. This project will permit the Agency to gauge and
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
C-I Bayfront Amendment No.5-Report to tIre City Council
~F-4S; -8
".,..,
work with responsible parties to remediate potential toxic contaminants, and
coordinate development activities.
Staff estimates that the Agency will expend approximately $200,000 on these
activities through 1999.
Because the Added Area does not include residential uses, nor property designated for future
residential use, the inclusion of the Added Area does not alter the housing programs proposed for
the Implementation Plan.
RosenoHJ Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
C-2 Bayfront Amendment No.5 - Report to the City Council
,dF -,..4.~ -,e;
FIVE YEAR IMPLEMENTATION PLAN
(Health & Safety Code Section 33490)
BA YFRONT REDEVELOPMENT PROJECT.'
I. INTRODUCTION AND BACKGROUND
A. Introduction
The five-year Implementation Plan for the Bayfront Redevelopment is an adopted to meet
the requirements of Section 33490 of the Health and Safety Code. This plan is a flexible
policy document and not a limitation on the Agency's activities in this project area.
B. Background
The Bayfront Redevelopment Project; comprising 637 acres was established in 1974.
This project area, which encompasses property west of 1-5 from D Street to L Street
originally included a variety of land uses ranging from industrial to farming. The
Redevelopment Area boundaries are described on the attached map (Exhibit A). Large
sections of the project area, notably the Mid-bayfront and D Street Fill are undeveloped
and lack infrastructure improvements. They also contain valuable wetland resources and
provide access to the San Diego Bay.
Development of the Mid-bayfront has long been a major goal of the City. Early plans for
this area were rejected by the California Coastal Commission. Subsequent plans, approved
by the Commission, were the subject of litigation with the Sierra Club. Finally in January
1993, a revised Local Coastal Plan (LCP) including substantial conservation and
development of the Mid-bayfront was approved by the City and the Coastal Commission.
Negotiations between the Agency and the owner/developer for the preparation of an
agreement describing and controlling development and oonservation activities have been
ongoing since approval of the LCP. The Specific Plan and the Local Coastal Plan require
extraordinary dedication of land, development of public improvements, and long-term
mitigation monitoring which hinder the ability to economically develop the property.
The original Redevelopment Plan has a duration of twenty-five years, and will terminate in
1999. A Redevelopment Plan amendment will be necessary to extend the life of the Plan
to the maximum allowed under State law (to the year 2014) in order to incorporate,
control and provide financial assistance for development of the Mid-bayfront.
The Implementation Plan is intended to be a flexible policy document to guide Agency
activities over the next five years (1995 through 1999) and is not intended to represant a
limitation on Agency activities. The programs/projects included in the Implementation Plan
are those priority programs anticipated to be implemented during the next five years;
however, they are not all of the programs/projects necessary to eliminate blight in the
project area.
Financial Condition of the Project Area: Financial limitations have been established for the
project area as follows: "The aggregate amount of tax revenues which may be divided
and allocated to the Redevelopment Plan for the Bayfront Redevelopment Project shall be
limited to the amount which would be required in any fiscal year to pay the principal and
interest coming due in such fiscal year on loans, advances or indebtedness issued by the
Agency in the aggregate principal amount of Fifty Million Dollars ($50,OOO,000), the total
actual amount of which principal and interest is $210,000,000." (Ordinance No. 2585)
;:3F - 47 -/3
Ea'lfront F,ade'/:icpme:1t Project Area
Fiv~ Year 1r7l~ieme!1taticn Plan
Page 2
For the purpcs:s of clarification, the $ 50,000,000 amount represents the maximum total
principal and interest indebtedness that can be outstanding at anyone time. Further, the
$210,000,000 amount represents the total tax increment that can be collected, but it's
usa is not limited to debt service on bonded indebtedness; those funds can be used for
5;JCn other costs 2S reasonable operating expenses and affordable housing set-aside
obligations.
II. BLIGHTING CONDITIONS
A. Pre-Plan Bliohtino Conditions
When the project area was adopted in 1974, the r:asons for the selection of the project
area were the following:
1. The danger to the quality and quantity of the marine life due to uncontrolled
development of a project area which contains such unique features as salt marshes
and endangered wildlife species.
2. The decline in coastal environment, including recreation and aesthetic values, due to
the unin~rrupted water-related general industrial development in the South Bay area.
Development of this nature is obviously contra-indicated due to the lack of deep water
access.
3. The desire to create a modern urban commercial/recreational center for the City of
Chula Vista where a range of activity from housing to recreation could take place and
where a living and working environmental could exist for the use and enjoyment of the
general public.
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4. The existence of soii and groundwater contamination from hazardous materials that
have depreciated property values and impaired investments and that can only be
practically, economically remediated through the use of redevelopment powers.
5. The substantial existence of environmentally sensitive and degraded wetlands which
require extraordinary land dedication, restoration, and long-term mitigation monitoring,
all of which create a substantial burden on the economic use of the properties and
result in depreciated values and impaired investments.
6. The lack of public improvements and utiiities, which combined with the blighting
conditions listed above, creates a serious physical and economic burden on Chula
Vista which cannot be alleviated practically by government or private activity without
redevelopme:1t powers.
In addition, the report on the redevelopment plan states:
"Because of the general industrial character of the South Bay, the project area
represents one of the last opportunities to provide public-oriented bayfront uses in this
area..."
(
,dF -<If! -t3
Bay'froct Redevelopment Pioject Area
Five Vear Implementation Plan
Pase 3
B. Prooress in Eliminatino Bliohtino Conditions
Since adoption of the Plan in 1974, the Agency has worked to eliminate certain of these
conditions through the following efforts:
1. Prepared a Mid-bayfront Development Plan in conjunction with the
landowner/developer and regulatory agencies.
2. Prepared and processed Local Coastal Plan through the California Coastal Commission
and received certification in February 1993. The plan includes all of the City's coastal
properties, including the Bayfront Redevelopment Project Area.
3. Planned and constructed the Nature Interpretive Center in cooperation with the
Bayfront Conservancy Trust.
Ll Acquired and cleared properties for redevelopment along Bay Boulevard, north and
south of F Street.
5. Successfully relocated auto wrecking businesses from the project area.
6. Acquired property for the reconfiguration of the CalTrans 1-805 southbound off-ramp
which has been completed along with the widening of E Street, west of 1-5.
7. Completed the following redevelopment projects:
Anthony's Restaurant
Days Inn
EI Torito Restaurant
Rohr Corporate Headquarters
Marina Gateway Industrial Project
C. Current Bliohtino Conditions
Despite the progress that has been made to date, existing blighting conditions in the
project area are as follows::
1. The existence of soil and groundwater contamination from hazardous materials that
have depreciated property values and impaired investments and that can only be
practically, economically remediated through the use of redevelopment powers.
2. The substantial existence of environmentally sensitive and degraded wetlands which
require extraordinary land dedication, restoration, and long-term mitigation monitoring,
all of which create a substantial burden on the economic use of the properties and
result in depreciated values and impaired investments.
3. The lack of public improvements and utilities, which combined with the blighting
conditions listed above, creates a serious physical and economic burden on Chula
Vista which cannot be alleviated practically by government or private activity withciut
redevelopment powers.
AF-c./~ -.8
'.
3aY7iOr;! Redeve!cpmer,t P;-ojest Area
'=:'J':! Ye::r Imple:ne~ta:iGn Pian
Pace 4-
ill. S;:~':IFiC GOALS AND OBJECTIVES FOR THE PROJECT AREA
To eddress the condiTicns lisTed in II C above, the following goals are being pursued:
i.
E:1r.ance depresiated property values and encourage private developme:1t by the
elimination of the economic blight created by the existence of soil and groundwater
contamination in the Bayfront; in particular, exercise State Polanco Act authority to
make economically viable the clean-up of Agency-owned properties on Bay Boule'/ard
r,ear F Street and the "Shangri-La" property. Such clean-up would not be
economically practical without the redevelopment powers deriving from "Polanco."
Once ,"clean," thcse properties can be disposed of for redevelopment purposes.
Pr.Jvide for the enr.ancement and dedication of salt marshes, the inclusion of
de'/elopment buffers from sensitive habitat, and financial support for long-term
mitigation programs in a manner which will not burden development to the point of
infeasibility by negotiating disposition and development agreements with developers
ar,d by providing redevelopment-generated funding.
Provide for the delivery of public improvements in the project area such as streets,
trails, parks, <j!1d drainage facilities through the utilization of redevelopment-gerlerated
funding, thereby allowing for the elimination of the blighting burden of the existing
inadequacy of such improvements and the obligation on the developer to unilaterally
provide such improvemems, thereby creating the opportunity for the orderly, desirable,
and economically-viable redevelopmerlt of the Bayfront.
r
IV. PROGRAMS. PROJECTS AND EXPENDITURES PROPOSED FOR THE NEXT FIVE
YEARS
Major programs and related expenditures proposed over the next five years are described
below. Specific projects may be proposed under each program. These serve as examples
of projests which may be undertaken by the Agency. However, other projects which meet
the program requirements may also be pursued. The costs described are based upon
anticipated tax increment cash flow over the next five years net of debt service and
administrative costs.
A. Comoletion of Midbavfront Develooment Aoreement
Since approval of the Local Coastal Program for the Chula Vista coastal areas, including
,he Bayfront Redevelopment Area, staff has been negotiating with the Midbayfront
:raperty owner/developer towards completion of a development agreement for this i 05
;ere development site. The proposed project includes i 600 hotel rooms, i 000 dwelling
~nits, waterfront parks, lagoons, sports facilitie~ and a cultural arts center. It also includes
:unding for the City's Nature Center.
Major negotiating issues include funding for the cultural arts center and Nature Center,
development staging, delivery of public improvements, implementation of environmental
mitigation, and financial assistance from the Agency.
(
,dF-SO -/3
2a,/~;'"cnt F.edeve:opment Project ft..rea
Five Ye2r Implementation Plan
Page 5
Tota! staff and legal consultir,g services costs for completion of a Development Agreement
are estimated at $ 200,000. "'Ie anticipate the like!ir,cod of additional majcr expenditures
to irT,plerT,ent this program.
B. Amend Bavfront Redevelooment Plan
The Eayfront Redevelopment Plan is scheduled to terminate in 1999. The Plan was
completed in 1974 and does not include recent changes in stete law or the approved Locel
Coastal Plan. The Redevelopment Plan must be amended to extend the term to the
maximum allowable under current law (year 2014) and incorporate legislative changes end
the recently approved Locel Coastal Plan. .An estimated $100,000 in staff and consulting
services will be required for this activity.
C. Clean Un Contaminated Prooerties
The Agency owns several properties on the Bayfront with contaminated soils. Cleen-up of
these properties has been initiated with funding assistance from former proparty owners
and insurance companies under the State Polanco Act. The Agency will oversee cleen-up
~_ctivities. Completion of clean-up work is expected to cost $330,000, of which
$130,000 will be attributable to the Agency in staff and consultant costs.
D. Initiate Gradinq, Infrastructure and Park Imorovements in the Midbavfront
The Midbayfront Development Plan includes approximately $42 million in public
improvements (streets, parks, lagoons and conservation). It is the Agency's goal that this
work be initiated in the next five years. This will require the preparation, analysis and
processing of the Specific Plan, grading plans, and related reports.
fo-.gency/City costs to review and process required documents are estimated at $100,000,
some of which will be reimbursed through permit processing fees.
E. Disoosition of Aqencv Prooerty at Bav Boulevard and E Street Prooertv
The Agency owns a six-acre site at the northeast corner of Bay Blvd. and E Street which
will be accessed through the Midbayfront. The development of this site is dependent upon
staging of Midbayfront development and completion of infrastructure to provide access.
The value of this property has been depreciated by the existence of contamination and
substandard improvements for industrial use. The improvements have been removed. The
contamination will be addressed by Project "C" above. The property, which has freeway
visibility, will increase with consolidation of its parcels and as the Midbayfront project
comes closer to reality. Marketing of this parcel should occur concurrent with the
initiation of Midbayfront infrastructure improvements and is estimated to cost $20,000 in
staff and marketing expenses.
I3F-SI-6
2ayficnt F.ec:e\/e!c~r.1e;lt Project Area
F:ve Year Imp[e!'T,e:"H~aticn Plan
Page 6
V. HOW GOALS, OBJECTIVES, PROGRAMS AND EXPENDITURES WILL ELlM!1IJAT~
BLIGH I
TMe impact that goals, objectives, programs and expenditures will have towards the
aileviations of blighting influences as noted in the Redevelopment Plan is described below
and summarized in the a,tached matrix (Exhibit BI.
A. Goals and Obiectives
The goals and objectives, as stated in the Redevelopment Plan and in Section III above,
will address blighting conditions caused by the existence of hazardous conditions, the
extraordinery lend dedication and long-term mitigation monitoring required by the existence
cf sensitive habitat, and the lack of public improvements in the Beyfront.
The goals and objectives support the creetion of a modern urban center; a focal point with
an identifiable image which compliments the downtown commercial district.
5. Frocrams
The specific ~rograms and expenditures will eliminate blight as described below and
summarized on the matrix attached as Exhibit B.
1. Comoletion of Midbavfront Develooment Aoreement
Will provide the legal and financial framework to carry out the Midbayfront
development program in compliance with the approved Local Coastal Plan.
Requirements will include environmental conservation measures, infrastructure,
improvements, development phasing plan, development of bayside parks and
recreational facilities, and funding for the City's Nature Center and proposad
Cultural Arts Center. The agreement will also provide Agency financial assistance,
conditioned upon performance, to carry out the project.
(
The completion of the development agreement will define the participation by the
Agency and the developer in the provision of the improvements and mitigation
that burden the property and create economic blighting conditions.
2. Amendment of the Redevelooment Plan
The proposed Midbayfront project, as approved in the Chula Vista Local Coastal
Plan, cannot be carried out without amendment of the Redevelopment Plan to
accommodate the approved LCP and extend the duration of the project to provide
control over and financing for the multi-year project. The current Redevelopment
Plan, approved in 1974, will expire in 1999. Under state law, the pian can be
extended to 2014.
Amending the Bayfront Redevelopment Plan is essential to the elimination of blight
in the Bayfront. The amendment will allow the time and the financial resources
(
,<BF - S:J... - t3
Ee'/riOnt P.edeve!opment PrGjec~ P-,iea
Five Year Implementation Plan
Page 7
.'
for the Agency to accomplish the goals and progrems identified in this document.
\Nithout the amendment, none of the goals and programs are 2ccomplish2::ie.
3. Cleanuo of Contaminated Prooerties
At the time that the Bayfront Redevelopment Project was approved, it was not
known whether any properties contained soil or groundwater contamination, and
these issues were not specifically listed as blighting influences. Subsequently, the
Agency has acquired a number of properties in the Midbayfront, three of which
contain contaminated soils with possible impacts to the groundwater.
Contamination must be addressed to comply with state regulations if these
properties are to be redeveloped. Cleanup of these properties will address
conditions caused by earlier uncontrolled development which create a danger to
the quality of marine life and decline of the coastal environment.
Clean-up of the properties is essential to eliminating the blighting effect of the
depreciation of the subject property.
4. Initiate Gradina, Infrastructure and Park Imorovements in the Midbavfront
The Agency-participation in the provision of these public improvements is essentie!
to the elimination of blight, as the resources do not exist for the City or private
developers to bear the total burden of such improvements.
5. Disoosition of Aoencv Prooertv at Bav Boulevard and E Street
Disposition and development of this property will alleviate blighting conditions that
have depreciated property values. These blighting conditions have been created
by the existence of contamination and the inadequately-sized lots. The Agency
action will provide for clean-up of the contamination and the marketing for
redevelopment of the consolidated parcels.
VI. EXPLANATION OF HOW THE GOALS. OBJECTIVES. PROJECTS AND EXPENDITURES
WILL IMPLEMENT PROJECT HOUSING REQUIREMENTS
A. Goals and Obiectives
The Sayfront Redevelopment Project was adopted prior to January 1, 1976, the effective
date of Section 33413, thus the inclusionary housing provision of Sections 33413(b) do
not apply to the Sayfront RedeveTopment Project. The project contributes 20% of all tax
increment generated to the low/moderate income housing fund which provides Agency
assisted housing both within and outside of redevelopment areas. Exhibit C further
describes housing goals, production and funding.
B. Projects and expenditures to be Made Durinq the Next Five Years
1. Annual housing production goals have been established Citywide. See Citywide
Housing Goals attached as Exhibit C.
/3F-5~-e
.~
Ea'jfront Re::eve!q:ment Project Area
Five Year 1r.1!=lementation Plan
Fage 8
2. Estimated number of low/moderate income housing units to be destroyed inY-ears 1-5:
· None - There are no low/moderate income housing units within the Froject Area.
3. Replacement Housing Site
A,s part of the Mid-bayfront development, one thousand new housing units are proposed.
The City's housing program requires that the developer provide 10% low/moderate income
units (100 units) on or off-site. The developer has indicated a preference to provide these
uniTs off-site. The provision of these units will be a condition of development and
s,ipuleted in the Development Agreement.
<!. Low/Moderate Housing Fund Expenditure Program
The Bayfront Redevelopment Project redistributes 20% of the tax increments accruing
Tram the Project Area to the Agency's Low/Moderate Income Housing Fund. Estimated
deposits and expenditures are included in the Agency's Housing Plan, see Exhibit C.
5. Housing Production Plan
. See Exhibit C.
6. Low/Moderate Income Housing Production Results
. See Exhibit C.
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VII. Midterm Review and Readoction and Amendment of the Imclementation Plan
/l.doption of the Implementation Plan shall not constitute an approval of any specific
program, project, or expenditure and does not change the need to obtain any required
approval of a specific program, project or expenditure from the Agency or community.
The projects described in the Implementation Plan are examples of undertakings which will
meet the goals and objectives of the Redevelopment Project. Other projects which meet
program requirements may also be pursued by the Agency.
This is the initial Implementation Plan for the Bayfront Redevelopment Project. ,This plan
will be reviewed by the Agency at least once within the five year term of the Plan. The
review, including a noticed public hearing, will take place no earlier than two years and no
later than three years after adoption of this Initial Plan. The Agency will bold a requisite
public hearing and adopt a new Implementation Plan every five years from the date of
adoption of the Initial Plan.
The Implementation Plan may be amended by the Agency at any time following a noticed
public hearing.
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REDEVELOPMENT AGENCY AGENDA STATEMENT
Item
Meeting Date 08-19,97
ITEM TITlE:
PUBLIC HEARING:
REVIEW OF SA YFRONT REDEVELOPMENT PLAN
AND IMPLEMENTATION PLAN AND PROPOSED
AMENDMENT TO THE IMPLEMENTATION PLAN
RESOLUTION APPROVING THE MID.TERM REPORT FOR THE
FlVE.YEAR IMPLEMENTATION PLAN FOR THE BA YFRD NT
REDEVELOPMENT PROJECT AREA PURSUANT TO SECTION 334900 OF THE
COMMUNITY REDEVELOPMENT LAW AND AMENDING THE
IMPLEMENTATION PLAN BY ADDING TWO PROJECTS
SUBMITTED BY: Community Development Director
REVIEWED BY:
Executive Director
(4/5ths Vote: Yes_ Noll
BACKGROUND:
In accordance with the changes on Community Redevelopment Law, the Agency approved a Five,Year
Implementation Plan for the Bayfront Redevelopment Project Area on December 13, 1994 (Attachment C).
The Implementation Plan describes the project area's goals and objectives for the elimination of blight in the
project area as well as programs and expenditures for achieving them. Community Redevelopmeni Law
requires that the Agency hold a mid-term public hearing tore'liew progress made on the implementation
plans for all of the redevelopment project areas within its jurisdiction in order to hear testimony from all
interested parties and assess the plans' effectiveness. The Agency is requested to hold the required public
hearing for the Bayfront Redevelopment Project Area this evening.
The law also allows the Implementation Plan to be amended following public hearing. Staff recommends
the addition of two projects to the Bayfront Implementation Plan. The public hearing also includes a
discussion of the proposed amendment.
RECOMMENDATION: That the Agency hold the public hearing, hear testimony and staff reports, approve
the mid.term progress report and amend the Implementation Plan by adding two projects.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
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Page 2, Item _
Meeting Date 08-19-97
DISCUSSION:
The Implementation Plan for the Bayfront Project Area (Attachment C), approved on December 13, 1997,
describes the redevelopment project area, its blighted conditions, progress in eliminating blight through 1994,
specific goals and objectives for future efforts in the project area, and describes programs and expenditures
to address remaining blight. The purpose of the mid-term public hearing, as required by Community
Redevelopment Law, is to review the efforts and progress made in eliminating blight in the project area over
the past two and one half years in terms of programs and expenditures cited in the Implementation Plan,
and discuss further actions to be undertaken for the duration of the five'year plan which expires on
December 31, 1999. At that time, the Agency will be requested to review additional progress and approve
a new Implementation Plan for an additional five years.
Some of the conditions of blight cited when the Bayfront Redevelopment Project was originally approved
included the decline of the coastal environment depreciated property values, soil and water contamination,
degradation of environmentally sensitive wetlands and lack of public improvements.
The Agency is also requested to consider amending the Bayfront Implementation Plan to add two projects;
the extension of "H" Street and addition of the Tidelands to the Redevelopment Project Area.
PROGRESS MADE ON IMPLEMENTATION PLAN PROJECTS
1. Completion of the Midbayfront Development Agreement
Following approval of the Local Coastal Plan in 1993, staff negotiated a development agreement for the 100
acres Midbayfront development site with the property owner/developer. However, after one year of the
negotiations, the ownership of the property changed and the new owners expressed their concern over the
financial viability of the proposed project. Negotiations were suspended until the new owners had an
opportunity to study the project and real estate market. The following year, the owners indicated that they
would not proceed with the Midbayfront project as approved by the City and Coastal Commission, but would
seek alternative development proposals. To date, no alternatives have been presented to the City for review
and the property remains undeveloped.
It will be a continuing goal of staff to assist the Midbayfront owners in identifying a viable development
opportunities for the property and proposals for development. Staff have and continues to make concerted
efforts to work with the development community and the property owner to explore opportunities for
development of the Midbayfront.
2. Amend Sayfront Redevelopment Plan to Extend Termination Date
The Bayfront Redevelopment Plan was approved in 1974 for a twenty.five year period which will expire in
mid.1999. Since a number of blighting conditions remain unaddressed, it will be necessary to extend the
life of the Plan to 2014 (forty years), the maximum allowed under Community Redevelopment Law, to
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Page 3, Item _
Meeting Date 08-19,97
address and allocate these conditions. The Agency has salected a consultant to assist staff in the
amendment process. The process began in June 1997 and is expected to be completed early in 1998. In
addition, the Agency is requested to consider incorporating the Tidelands properties into the project area.
The Tidelands are adjacent to the Project Area, but were ne'Jer included because they are under the
jurisdiction of the San Diego Unified Port District. The Tidelands are inextricably linked to the rede'lelopment
area in terms of land use planning, development opportunities and the provision of public improvements. This
is a new project which will be further discussed later in this report.
3. Clean Up of Contaminated Properties
The Agency owns several properties on the Bayfront with contaminated soils. Clean,up of these properties
has been initiated with funding assistance from former property owners and insurance companies under the
State Polanco Act. Agency staff will oversee clean,up activities on the Bay Boule'lard properties.
Completion of cleanup activities on these properties is estimated to cost $330,000 of which $130,000 will '
be attributable to the Agency in staff and consultant expenses.
In addition, clean.up activities were recently completed on the Cappos property which is proposed to be sold
to the Port District in the near future. A purchase and sales agreement was executed for sale of the
Shangri.La property to the Port District in June and will go to the Port District Board in September. Escrow
should open following Port approval. Purchase funds deposited into escrow will be available to the Agency
to effect the clean.up of contaminated soils on the property which is required before the Port District will
complete the sale. It is anticipated that clean.up work on the property will commence this fall. It is
anticipated that clean,up work will take six months to complete.
4. Initiate Grading, Infrastructure and Park Improvements in the Midbayfront
Grading and infrastructure activities for development of the Midbayfront must await approval of development
plans for this area. Since there are currently no proposals, it is doubtful that any grading or public
improvement work will proceed before the end of the decade. However, with sale of the Shangri,La
property to the Port District, and the proposed sale of the Cappos and Marina Motel properties early next
year, it may be possible to provide limited recreational and commercial development at the terminus of
Lagoon Drive in advance of development of the Midbayfront.
5. Disposition of Agency Property at Bay Boulevard and E Street (Area 5 on Locator Map)
The Agency owns a six acre site at the northeast corner of Bay Boulevard and E Street which will be
accessed through the Midbayfront. Although temporary access may have to be provided if the property
develops before the Midbayfront, permanent access to this site is dependent upon development of
Midbayfront infrastructure which is discussed above. Agency staff will continue to look for development
opportunities for this site as the local real estate market improves.
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Page 4, Item _
Meeting Date 1l8-19-97
6. Housing
During the first two and a half years of this citywide five year plan, the Agency has attained 47% of its
housing goal. Eighty.three (83) units of a projected 175 units were assisted using Redevelopment Low and
Moderate Income Funds. Of these 83 units, none were located in any of Chula Vista's five redevelopment
project areas. No displacement occurred during this period, however, 63 units are expected to be displaced
in Town Center II during the next couple of years. These 63 units will be replaced by surplus units Chula
Vista has accumulated over the years. In addition, 401 units were assisted by City staff using non Agency
funds.
More details on the progress of meeting the Agency's housing goals are provided in the report marked
Attachment B. Each of the five redevelopment area plan updates has the same summary and report, which
reflects citywide activity.
GOALS AND PROGRAMS FOR THE REMAINING TWO AND ONE HALF YEARS
The Five.Year Implementation Plan for the Bayfront Redevelopment Project Area will expire at the end of
1999. For the remaining period covered by the Implementation Plan, staff intends to accomplish the
following:
1. Completion of the Midbayfront development agreement (Area 1 on locator Map)
It is not realistic to predict that a development agreement will be completed by the end of the decade.
Staff's efforts will focus on working with the Midbayfront owner to identify development opportunities and
review proposals. The need for additional environment analysis and Coastal Commission approval will
depend, in part, upon how much any future development plans deviate from the approved Local Coastal Plan
for this area.
Staff costs for this activity are estimated at $100,000.
2. Amendment of the Redevelopment Plan (Area 2 on locator Map)
Staff will continue to process an amendment to the Bayfront Redevelopment Plan to extend the termination
date to 2014 and to add the Tidelands to the project area. This activity will provide the tools to assist
in the elimination of blighting influences and help attract new development to the area.
Estimated staff cost for this activity is $80,000 in consultant costs and $40,000 in staff costs.
3.Clean,up of Contaminated Properties (Area 3 on locator Map)
Staff will continue clean,up activities on the Bay Boulevard properties and, pursuant to the provision of
funding through escrow for sale of the Shangri,La property, coordinate the c1ean,up of that property so that
it can be sold to the Port District for redevelopment.
Estimated cost of these activities is $50,000.
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Page 5. Item _
Meeting Date 08-19-97
4. Initiate Grading, Infrastructure and Park Improvements in the Midbayfront
It is unlikely that any development will occur on the 100 acre Midbayfront parcel before the end of the
decade. Howe'ler, it should be possible to identify development opportunities and elicit proposals during that
period.
With sale of the Agency's Lagoon Drive properties to the Port District, it may be possible to provide limited
park and recreational improvements at the westerly end of Lagoon Drive. Subject to Coastal Commission
approval, it may also be possible for the Port District to explore commercial development opportunities on
these properties independent of the Midbayfront parcel.
Staff will continue to work with the Midbayfront developer towards identifying development opportunities
over the next two years. Staff will also work with the Port District and Coastal Commission staff to
explore development opportunities for the Lagoon Drive properties.
Estimated cost for these activities is $75,000 in staff expense.
5. Disposition of Agency Property at Bay Boulevard and "E" Street (Area 5 on locator Map)
Agency staff will continue to seek developers for this property. Howe'ler, it should be noted that delay in
sale of this property until development of the Midbayfront will result in enhanced value and better
development opportunities.
Cost for this activity is estimated at $20,000.
ADDITIONAL PROJECTSIAMENDMENT OF THE REOEVElOPMENT PLAN
In accordance with Section 33490 of the California Community Redevelopment Law, Implementation Plans
may be amended at any time by the Agency following a public hearing. Staff recommends that the Agency
consider amendment of the Bayfront Implementation Plan by adding the two projects identified below. The
proposed amendment was included in the public notification and the additional projects were discussed as
part of the public hearing held this evening.
1. Bayfront Redevelopment Plan Amendment to Include Addition of the Tidelands to the
Project Area
The Chula Vista Tidelands, comprising approximately fifty acres, lie adjacent to the Bayfront Project Area.
Although the tidelands are located within the City of Chula Vista, they fall under the management of the
San Diego Unified Port District pursuant to State law, and were, consequently, omitted from the
redevelopment area. Staff has been working with Port District staff and tenants towards expediting
de'lelopment in this area which has been slow to occur due to a variety of blighting influences including
inadequate visibility and access, inappropriate mixture of land uses and possible soil contamination. The
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Page 6, Item _
Meeting Date 08-19-97
Agency has determined that including this area in the rede'lelopment project area will provide better financial
tools for eliminating blight and encouraging new development.
Since the Agency is proceeding to amend the Bayfront Project Area to extend the termination date, it would
be appropriate to include the addition of the Tidelands in the amendment process. The Agency has approved
the hiring of a consultant to assist staff in this activity. The process has begun and is anticipated to be
completed early in 1998. Total cost of this activity is estimated at $120,000 (see #2 abovel.
2. Extension of "H" Street west of Bay Boulevard
"H" Street currently terminates at Bay Boulevard {entrance to Rohr}. The westward extension of "H" Street
through to Sandpiper Way will provide an important third entrance to the Bayfront, and a primary entrance
to Chula Vista Harbor. Access is essential to physically and visually link the Tidelands to the City and
attract new de'lelopment.
The Port District recently completed a conceptual study for the extension of the roadway, analyzing and
costing 'eight alternatives. City staff, working with Rohr officials and Port District staff, will pursue further
analysis of the preferred alternative in terms of engineering requirements, environmental impacts and
identification of funding sources.
It is proposed that the Implementation Plan be amended to incorporate this project. Estimated staff
expenses are $100,000. Development expenses for staged extension of the roadway have been preliminarily
estimated at $6 million.
CONCLUSIONS
The first two and one half years of the Implementation Plan have been characterized by substantial progress
in the treatment and removal of contamination soils from Agency,owned properties and the initiation of a
redevelopment plan amendment to extend the termination date of the Bayfront Redevelopment Plan and add
territory. Progress in development of the Midbayfront and the Agency property located at Bay Boule'l3rd
and E Street has been disappointing.
During the remaining period covered by the Implementation Plan, staff's activities will be concentrated more
on the south Bayfront (Tidelands and Rohr properties) which include the redevelopment plan amendment and
extension of "H" Street. Staff will continue to pursue completion of the sale of the Shangri.La property
to the Port District and negotiate terms for sale of the Cappos and Marina Motel properties. Staff will
continue to work with the Midbayfront owner and seek development proposals for the Midbayfront and
Agency's E Street properties.
FISCAL IMPACT: The estimated costs associated with each project are indicated above. The costs
include staff, consulting and development related expenses and may be budgeted, as funds permit, in a single
or multiple fiscal years. It is the intention of staff to complete as many of the projects listed as practical
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Page 7. Item _
Meeting Date 03-19-97
depending upon the a'lailability of funds, feasibility, priorities and workload. It should be noted that inclusion
of a project in the Implementation Plan does not require the Agency to budget and complete a project. nor
preclude the Agency from undertaking any additional qualified projects.
Total costs for implementation of projects remaining to be completed are estimated at $465,000 in staff
and consultant expenses. These are very preliminary estimates and subject to change and refinement.
For housing in particular, from July 1994 through June 1997, $2,566,451 was spent from the
Redevelopment Moderate and Low Income Fund to assist approximately 83 units (plus land acquisition for
the development of another 18 units) in non,rede'lelopment project areas. The expected expenditure for the
rest of the plan period, July 1997 through December 1999, is approximately $2.8 million for 92 units
remaining from the original 175 units in the 5'year plan.
ATTACHMENTS
A. Locator Map
B. Housing Implementation Plan Update
C. Bayfront Five Year Implementation Plan including the following exhibits:
Exhibit A . Redevelopment Area Boundaries
Exhibit B . Matrix
Exhibit C . Housing Implementation Plan
(FKl H:'.HOME\COMMOEV\STAFF.REP\08.19.97\lMPLEM.BF IMJr~h 11, 1998 111:08aml1
/!iF - ~ d.. -,t3
SECTION 0
An Explanation of Why Elimination of Blight Cannot
Be Accomplished By Private Enterprise Acting Alone
or Through Financing Alternatives Other Than Tax
Increment Financing
Why Private Enterprise is Unable to Independently Redevelop Project Area
Private enterprise redevelopment in the Project Area is not a viable means to eliminate the
physical and economic conditions without redevelopment.
Within the Existing Area, history has shown that private sector investment, without Agency
participation, has been virtually nonexistent. Since the Project was originally established over 20
years ago, the majority of the redevelopment activity in the Project Area has been a direct result
of Agency intervention to address the existence of hazardous contamination which require costly
remediation, the presence of substantial environmentally sensitive and degraded wetlands, and
inadequate public improvements, including substandard streets and utilities. Acting alone, the
private sector faces costly cleanup, land dedication, and infrastructure costs that hinder
economically viable development-impediments not present in other industrial, retail and
recreational areas in the South Bay region. These impediments cause development in the
Existing Area to be substantially costlier than competing areas in the South Bay. As a result,
except as a partner of the Agency's redevelopment initiatives, private enterprise investment has
been generally absent from the Existing Area.
With the tools of redevelopment, the Agency has been able to undertake the necessary steps to
address these impediments and effectively balance project feasibility with the acute needs of the
Existing Area. Over the past 20 years, the Agency's redevelopment efforts in the Existing Area
include relocation of an incompatible auto-wrecking business, acquisition and clearance of
obsolete uses along Bay Boulevard, and completion of restaurant, office, hotel, industrial, and
recreational developments. Future redevelopment success will be predicated on the Agency's
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
D-I Bayfront Amendment No.5 - Report to the City Council
,dF-(;.3 -/3
ability to continue to implement new redevelopment programs in the .~xisting Area. By
extending time limitations on commencing eminent domain, incurring debt, the effectiveness of
the Redevelopment Plan, and collecting tax increment revenue, the Amendment provides the
Agency more time to mitigate conditions that would otherwise render private enterprise
development infeasible.
The impediments in the Added Area are similar to those found in the Existing Area. As analyzed
in Section B of this Report, nearly one half (7 of 15) of the lots in the Added Area have not
developed at the same rate of other Port District tidelands in San Diego, Coronado, and National
City. Low commercial lease rates, inadequate access, incompatible uses, and impaired
investments all are contributing factors that cause development costs to exceed anticipated
project values in the Added Area, and are among the reasons why development of these vacant
parcels is infeasible. Without a means to offset development impediments to yield a positive
return on investment, private enterprise development in the Added Area will continue to
stagnate.
The Amendment would extend the Project Area boundaries to incorporate the Added Area.
Inclusion of the Added Area into the Project Area provides the Agency with the ability to
mitigate blighting conditions that inhibit viable development, and encourage private sector
investment by reducing excessive project costs.
Reasons for the Provisions of Tax Increment
An analysis of the City's financial statements indicates that the City cannot fund redevelopment
implementation without tax increment financing. Since 1992, the General Fund budget has
experienced a 20% overall increase, while property and sales tax revenues to support these costs
have increased by 8% over the same time period. Currently, all City General Fund resources are
pledged to operations or reserved for specific purposes, such as retirement funds, insurance
reserves, and emergency contingencies. If these funds were reallocated to redevelopment uses,
the City General Fund would be faced with a funding shortfall in its existing commitments. In
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
D-2 Bayfrom Amendment No.5 - Report to the City Council
4F -61 -,8
addition, the passage of Proposition 218 in November 1996 presents l)~w impediments to
assessment district creation and revenue generation. Increasing development fees is also not a
viable option, since increasing such fees would only further handicap the City's overall
economic development efforts to attract new business to the Project Area.
The Port District is also unable to shift additional resources from its regional 10-year capital
improvement program to Chula Vista, because doing so would compromise higher priority
tidelands projects with a greater regional benefit (such as the San Diego Convention Center).
Consequently, tax increment revenue will be an essential funding source for redevelopment
activities.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
D-3 Bayfront Amendment No.5 - Report to tile City Council
"e;F -~s--,6
SECTION E
Method of Financing and Economic Feasibility of the
Project
General Financing Methods Available to the Agency
Redevelopment of the Project Area is proposed to be financed with a combination of a variety of
resources, including:
· Financial assistance from the City, County, State of California and/or Federal
Government;
. Tax increment revenue;
. Bonded debt;
· Proceeds from lease or sale of Agency-owned property;
· Loans from private financial institutions; and
. Any other legally available source.
The more typical sources of redevelopment financing that may be employed with the Project are
described below.
Financial Assistance from the City. County. State, and/or the Federal Government
Historically, the Agency has received loans and advances from the City for planning,
construction, and operating capital for administration of the Project until such time that sufficient
tax increment revenue is raised to repay loans and provide other means of operating capital. The
City has also deferred payments on Agency loans for land purchases, to benefit the Agency's
cash flow. Typically, such monies are used to meet short-term cash flow needs as the City's
General Fund cannot carry extensive levels of Agency debt at the risk of threatening the City's
own cash balances.
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June 2, 1998
Chula Vista Redevelopment Agency
E-I Bayfront Amendment No.5-Report to the City Council
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As available, other funds such as state gas tax funds and federal Community Development Block
Grants were, and will continue to be used, as appropriate, to pay the costs of Project
implementation. The Agency and City will also continue to work together to pursue other
available grants and loans. The City or other public agencies may also issue bonds on behalf of
the Agency and provide in-kind assistance.
PropertY Tax Increment
The Agency will continue to use property tax increment as provided for in Section 33670 of the
Law, and is authorized in the Plan to employ tax increment financing to underwrite Project costs.
Tax increment revenue may only be used to pay indebtedness incurred by the Agency;
indebtedness includes principal and interest on loans, monies advanced, or debts (whether
funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, m
whole or in part, redevelopment activities.
As a result of the adoption of Amendment No. I by Ordinance No. 1872 in 1979, the financial
provisions of the Existing Plan were merged with the Town Centre I Redevelopment Plan,
permitting the Agency to employ resources from both project areas to underwrite implementation
costs in either project area.
Project tax increment revenues are distributed to address an array of obligations. As required by
Section 33334.6 of the Law, twenty percent (20%) of Project tax increment revenue is deposited
into the Housing Fund for the purposes of increasing, improving, and preserving the
community's supply oflow and moderate income housing.
The remammg 80% of the tax increment revenue will be used to pay for taxing entity
obligations, debt service costs, and other program expenditures. Remaining nonhousing
revenues will finance some of the proposed infrastructure capital facility and economic
development programs within the Project Area.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-2 Bayfront Amendment No.5 - Report to tile City Council
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With the addition of new territory, the Project will collect separate streams of tax increment
revenue from the Existing Area and the Added Area. Tax increment from each of these areas
will be based upon separate base year values and district limitations. However, either stream of
revenue may fund implementation costs both throughout the Project Area and the Town Centre I
Redevelopment Project Area.
Existing Area
The Amendment proposes to extend the time period within which the Agency may collect tax
increment revenue from the Existing Area by 15 years. Under the Existing Plan, the Agency is
prohibited from receiving Existing Area tax increment revenue after July 16,2009, except for the
purposes of financing housing production obligations required by Section 33413 of the Law and
indebtedness incurred prior to January 1, 1994. The Amendment would extend this time limit to
July 16,2024.
The Amendment would not amend the Existing Plan's $210.0 million limit on the cumulative
amount of tax increment which may be collected from the Existing Area. According to the City
Finance Department, a total of $43,559,130 of Project tax increment has been collected under the
existing $210.0 million cap as of June 30,1997.
Added Area
The Plan would feature separate time limits on the collection of Added Area tax increment
revenue. (The Law no longer requires limits on the amount of tax increment revenue.) By Law,
and as stated in the Plan, the Agency would collect tax increment revenue for a period of 45
years following adoption of the ordinance adopting the Amendment. Assuming the Amendment
is adopted in July 1998, the Agency would receive Added Area tax increment revenue until July
2043.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-3 Bayfront Amendment No.5 - Report to the City Council
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Bonded Debt
Under the Plan, the Agency would have a capacity to issue bonds and/or notes for any of its
corporate purposes, payable in whole or in part from tax increment revenue.
Historically, bonded debt has been an integral component of the Agency's financing program to
eliminate blight in the Project Area. The Agency has three outstanding bond issues which are
funded in part by Project tax increment revenues; these bonds, which are obligations of both the
Project and the Town Centre I Redevelopment Project, are enumerated below:
1) 1994 Senior Tax Allocation Refunding Bonds, Series A
2) 1994 Subordinate Tax Allocation Refunding Bonds, Series C
3) 1994 Subordinate Tax Allocation Refunding Bonds, Series D
The Amendment will not change the Existing Plan's $50.0 million limit on the amount of bonded
debt principal which may be outstanding at anyone time. This $50.0 million will remain the
same in the proposed Plan, and will apply to both the Existing Area and the Added Area.
Lease or Sale of Allencv-Owned Prooertv
The Agency may sell, lease, or otherwise encumber its property holdings to pay the costs of
Project implementation.
Particination in Develonment
If the Agency enters into agreements with property owners, tenants, and/or other developers
which provide for revenues to be paid or repaid to the Agency, such revenues may be used to pay
Project implementation costs.
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June 2, 1998
Chula Vista Redevelopment Agency
E-4 Bayfront Amendment No.5 - Report to the City Council
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Other Available Sources
Any other loans, grants, or financial assistance from the federal government, or any other public
or private source will be utilized, as available and appropriate. The Agency will also consider
use of the powers provided by Chapter 8 (Redevelopment Construction Loans) of the Law to
provide construction funds for appropriate projects. Where feasible and appropriate, the Agency
may use assessment district and/or Mello-Roos bond financing to pay for the costs of public
infrastructure, facilities, and operations.
Projected Tax Increment Revenues
Project implementation, and specifically new development throughout the Project Area, will
generate tax increment revenue. Tax increment revenue is generated by increases in the assessed
value exceeding the respective base year assessed value of the Existing and Added Areas.
Tables E-I(a) through E-l(c) present the projected tax increment revenues for the Project.
Actual 1997-98 assessed values have been incorporated into the projections. Future secured
assessed values in the Project Area are assumed to increase by 5%, annually, while unsecured
and nonunitary utility values are assumed to grow by 2% annually.
Under the Existing Plan, the Agency would be generally prohibited from collecting tax
increment revenue after July 16, 20091 Over the period between 1998-99 and 2008-09, RSG
estimates that the Project could generate approximately $31.0 million in tax increment revenue.
This revenue would consist of $6.2 million in Housing Fund revenues and $24.8 million of
Nonhousing Fund revenues.
I Pursuant to Section 33333.6(g) and (h), this time limit does not apply to the allocation of taxes to eliminate affordable housing deficits created
under Section 33320.5(e) Section 33334.6(g), or Section 33487(d) in accordance with a plan to eliminate housing production deficits or
implement a replacement housing program pursuant to Section 33413. nor does it affect the validity of any indebtedness authorized by the City
Council prior to January I, 1994.
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-5 Bayfront Amendment No.5 - Report to tile City Council
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'" I
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,<3F-7' -6
The Amendment, among other things, would extend the time frame to colle~t revenue from the
Existing Area, while permit the Agency to collect tax increment from the Added Area. As such,
the Amendment would enable the Project to generate additional tax increment revenue beyond
what is permitted under the Existing Plan.
If the Amendment is adopted, RSG's tax increment revenue forecast estimates that
approximately $141.4 million of gross tax increment revenue could be generated by the Project.
Of this amount, $28.3 million would be deposited to the Agency's Housing Fund, and $113.1
million would be available to the Nonhousing Fund.
Because the Amendment extends the time frame to incur debt, extends the duration of the
Existing Plan's effectiveness, and adds new territory to the Project Area, the Agency would be
required to share a portion (projected to be approximately $15.1 million) of its Nonhousing Fund
revenue with the affected taxing agencies pursuant to Sections 33607.5 and 33607.7 of the Law
("Statutory Payments"). For the Existing Area, these Statutory Payments would commence in
the fiscal year after the first of either the time limit to incur debt or the effectiveness the Existing
Plan would be reached. Since these time limits expire in fiscal year 1999-2000, the Statutory
Payments from the Existing Area would start in the 2000-01 fiscal year. For the Added Area,
Statutory Payments would start in the first fiscal year the Agency would receive tax increment
revenue from the Added Area (assumed to be 1999-2000).
According to Section 33607.5 of the Law, beginning in the payment first year, the Statutory
Payments are equal to 25% of the Project's annual nonhousing tax increment revenue in excess
of amounts received in the prior year. These Statutory Payments are subject to two subsequent
increases. The first increase in Statutory Payments would take effect in the payment eleventh
year, when the Agency would be required to pay 21 % of the incremental increase in nonhousing
tax increment revenues exceeding amounts in the tenth payment year. The Law further provides
for a second increase in the Statutory Payments that commences in the thirty-first payment year.
However, because this increase would occur after the Plan's July 2024 time limit on the
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-6 Bayfront Amendment No.5 - Report to the City Council
;jF -77-tB
Existing Area would be required.
collection of Existing Area t<L'C increment revenue, no additional Statutory Payments from the
.'
The actual amount of the Statutory Payments will vary based on the amount of tax increment
revenues collected by the Agency each year. A forecast of Statutory Payments has been included
on Tables E-l(a) through E-l(c) in this Section. Should actual t<L'C increment revenues exceed or
fall below these projections, actual Statutory Payments would be higher or lower.
The following Table E-2 is a list of affected taxing agencies in the Project Area. Each taxing
agency is entitled to their respective share of the Statutory Payment. All agencies receive their
share of the Statutory Payments, except for the City of Chula Vista, which, by Section 33607.5,
is only entitled to their share of the first 25% of the Statutory Payments.
List of Affected Taxing Agencies
BayfrontRedevelopment Plan Amendment TABLE E-Z
Agency Name
1 % General Levy
County of San Diego General Fund
Chula Vista Elementary School District
Sweetwater Union High School District
Southwestern Community College District
County of San Diego School Service
Educational Revenue Augmentation Fund
South Bay Irrigation District
City of Chula Vista
Override Levy
Metropolitan Water District
County Water Authority
Fund Number Levy Rate
Existing Area Added Area
1001 0,26474588 0.26474567
4117 0,29091049 0.29091204
4259 0,18814839 0,18814689
4460 0,05070005 0.05069933
4535 0.01651356 0,01651424
5022
6364 0,00415756 0,00415879
6014 0.18482407 0,18482305
1,00000000 1,00000000
6725 0,00890000 0,00890000
6752 0.00120000 0.00120000
1,01010000 1,01010000
Source:
County of San Diego Auditor-Controller's report of Community Redevelopment Agency Tax Rate Area
Impact report for TRA 001082, Tax Rates By District, and Added Area Base Year Report. (All reflect
1997-98 secured and unsecured tax rates)
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-7 Bayfront Amendment No.5 - Report to the City Council
,,<SF -7~- 8
'~
Economic Feasibility Analysis
The Amendment enhances the economic feasibility of Project implementation by permitting the
Agency more time to incur and repay debt from the Existing Area. Also, the Amendment
provides the Agency the ability to initiate and finance redevelopment activities in the Added
Area as well. Table E-3 compares the cumulative tax increment revenue flows anticipated both
with and without the Amendment. As indicated in Table E-3, given the assumptions on growth
described earlier in this section, the Amendment would provide the Agency with the capability to
collect $110.3 million (355%) more gross tax increment revenue to implement redevelopment
programs in both the Existing and Added Areas.
Erayfiant Redevefapment Plan Amendment TABLE E-'I:
Projected Economic Benefit of Amendment
Net Nonhousing Fund
Without Amendment With Amendment Increase / (Decrease)
$74,633,948 $184,975,122 $110,341,174
43,583,150 43,583,150 -
31,050,797 141,391,971 110,341,174
6,210,159 20% 28,278,394 20% 22,068,235 20%
- 0% 23,153,870 16% 23,153,870 21%
24,840,638 80% 89,959,707 64% 65,119,069 59%
Total Tax Increment
Tax Increment Received (6/30/98)
Future Tax Increment
Housing Fund
Nonhousing Fund
Statutory Payments
Source
Cumulative Tax Increment Revenues projected on Tables E'1(a) through E'1(c)
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
E-8 Bayfront Amendment No.5 - Report to the City Council
,.(3F-79-e
SECTION F
The Method of Relocation
In conjunction with the adoption of the Existing Plans, the Agency prepared and adopted a
Method of Relocation, consisting of the State Relocation Law (Government Code Sections 7260
through 7277) and follow the California Relocation Assistance and Real Property Acquisition
Guidelines eState Guidelines") as established in the California Code Regulation, Title 25,
Chapter. As a public agency in the State of California, the Agency is required to adhere to State
Guidelines and State Relocation Law. The Method of Relocation ensures that the Agency will
meet its relocation responsibilities to any families, persons, or nonprofit local community
institutions to be temporarily or permanently displaced as a consequence of project
implementation.
On April 21, 1998, the Agency adopted Resolution No. 1580 reaffirming the use and
effect of the State Guidelines and State Relocation Law as the Agency's Method of Relocation
for the Project in conjunction with the Amendment.
This Report incorporates the Agency's Method of Relocation.
I3F-Fo-g
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
F-I Bayfront Amendment No.5-Report to the City Council
~
.'
State Relocation Law (Govt. Code Sec. 7260-7277)
~,c-g (- t3
.~.
(1) Expressed in \Hiting his willingness to surrence:- possession of the pro~e:-ty
on or after a stared dare.
"
(2) Withdra\V'Il any portion of the deposit.
(b) The order for possession shall:
(1)
Recite that it has been made under this section.
(2)
to the complaint.
Describe the propeny to be acquired, which description may be by reference
(3) State the date after which plaintiff is authorized to take possession of the
propeny, Unless the plaintiff requests a later date, such date shall be the date stated by the defendant
or. if a portion of the deposit is withdrawn, the earliest date on which the plaintiff would be entitled
to take possession of the propeny under subdivision (c) of Section 1255.450.
1255.470. By taking possession pursuant to this chapter, the plaintiff does not waive the
right to appeal from the judgment, the right to move to abandon, or the right to request a new trial.
1255.480. Nothing in this article limits the right of a public entity to exercise its- police
power in emergency situations.
A noendix 16
Government Code. Section 6063
6063. Publication of notice pursuant to this section shall be once a week for three successive
weeks. Three publications in a newspaper regularly published once a week or oftener, with at least
five days intervening between the respective publication dates not counting such publication dates,
are sufficient. The period of notice commences upon the first day of publication and terminates at
the end of the twenty-first day, including therein the first day.
A ooendix 17
Government Code Section 6066
6066. Publication of notice pursuant to this section shall be once a week for two successive
weeks. Two publications in a newspaper published once a week or oftener, with at least five days
intervening between the respective publication dates not counting such publication dates, are
sufficient. The period of notice commences upon the first day of publication and terminates at the
end of the fourteenth day. including therein the first day.
Annendix 18
Government Code Sections 7260 - 7277
7260. As used in this chapter:
;tB,c - ~.;l.. -/3
tl Stradling, YOCC:1. Carlson & R:lUth. 1998
A-27
.
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(a) "Public e:ltir-j" includes L'-.e scare, the Rege:lG or me Unive,sity of California. a
county. city, city and county, dis;;-ict, public authority, pubiic agency. and any oL1er politic:?]
subdivision or public COrporation in L'-.e scate or any e:ltity acting on be:Jalf of these agencies when
acquiring re:?! proper.)', or any interest L1e,ein, in any city or counr-j for publi"c use and any person
who h:?s L1e authority to acquire propeny by eminem domain unde, st.:H.e law.
(b) "Person" means any individual, parmership, corporation, limited liability company,
or association.
(c)
(1)
"Displaced person" means both of the following:
(A) Any pe,son who moves from real proper.)', or who moves his or her
personal proper.)' from real property, either: .
(i) As a dir~t result of a Mitten notice of intent to acquire or the
acquisition of the real property, in whole or in pan, for a program or proj~t 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, in any case in which 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 Code, and any occupant
of employee housing, as defined in Section 17008 of the Health and Safety Code, but shall not
include any person who has been determined to be in unlawful occupancy of the displacement
dwelling.
.f
'"--.
(E) 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 pan, 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
OL1er displacing activity as the public entity may prescribe under a program or project undertaken
by a public e:ltity, 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) The definition contained in this subdivision shall be consrrued
so that persons displaced as a result of public action receive relocation benefits in cases where they
are displaced as a result of an owner panicipation 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 persons or families of low and moderate
income, as defined in Section 50093 of the Health and Safety Code, who are occupants of housing
which was made available to them on a permanent basis by a public agency and who are required to C'. .
move from the housing, a "displaced person" shall not include any of the following:
(A)
the displacement dwellings.
Any person who has been determined to be in unlawful occupancy of
/3F-P3 -t3
iC Stradling. YOCCJ. Carlson & Rauth. 1998
A-28
(B) Any re:son whose right of possession at Ll.c tirr.e of moving aras.: :=.::=:-
t~e c:!c.: of t~e public e:nity's acquisition of the real property.
(e) Any person who has occupied the real prope. :;1 for the pUrpOSe of
oboining assis=ce under this chapter.
(D) In any case in which the public entity acquires property for a program
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 subje(;t to terrnination when the property is needed for
the program or project.
(3) (A) Notwithstanding Se(;tion 7265.3 or any other provision of law, a person
who is temporarily displaced for not more than 180 days, and who is offered occupancy of a
comparable replacement unit located within the same apartment complex that contains the unit from
which he or she has been displaced, shall not be deemed a "displaced person" for the purposes of this
chapter. This paragraph shall be applicable only if all of the following conditions are complied witl]:
(i) All other financial benefits and services otherwise required
under this chapter are provided to the tenants temporarily displaced from their units.
(ij) The resident is offered the right to rerum to his or her original
unit, with rem for the first 12 months subsequent to that rerurn being the lower of the following: up
to 5 percent higher than the rent at the time of displacement; or up to 30 percent of household
income.
(iii) The temporary unit is not unreasonably impacted by the effects
of the consrruction, taking into consideration the ages and physical conditions of the members of the
displaced household, and the estimated period of displacement is reasonable.
project.
(iv) The property is a qualified affordable housing preservation
(B) For the purposes of this paragraph:
(1) "Apartment complex" means four or more residential rental
units subject to common ownership and financing that are also located on the same or contiguous
parcels.
(ii) "Qualified affordable housing preservation project" is any
complex of four 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 shall have, at the time of the recordation of the regulatory agreement
required by this section, 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 of California. In addition, a
project shall be defined as a qualified affordable housing preservation project only if the beneficiary
of the regulatory agreement elects this designation by so indicating on the regulatory agreement.
(d)
the following:
"Business" means any lawful activity, except'a farm operation, conducted for any of
,8F -pc.;-~
<0 StrJdling, Y oeca',' Carlson & RJuth, 1998
A-29
.
",.'
(1) Primarily for the purchase, sale, lease, or re:Jt21 of personal and real prope:cy.
ar,d 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 nOGprofit organization.
(4) Solely for the purpose of Section 7262 for assisting in the purchase, sale,
resale, manufacture, processing. or marketing of products, commodities, personal prope:cy, or
services by the erection ~d 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
conrributing materially to the operator's support.
(I) "Affected property" means any real property which 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 25 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 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
;3t=" -2 S- - t3
A-30
a person having an
= Stradling. YoccJ.. C3.rlson & Rauth. 1998
'..
agr~e:ne:'.t with. a public entir:;, inica~d negotiations to acquire tJ:e prope:r)' on which the cispi::.c:::
pe~son res;des,
(D) Prior to Januarj 1, 1998. a public entity, or a person having an
agreement with a public entity, entered into an agreement to acquire Li1e prope"Y on which L1e
displaced person resides.
(E) Prior to January 1, 1998, a public entity, or a person having an
agreement with a public entity, gave wriru:n notice of intent to acquire the property on which the
disolaced 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 promulgated thereunder.
(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 submiru:d prior to January 1,
1998, to the Depanment of Housing and Community Development or to a local relocation commiru:e,
or for which notice was required to have been provided to occupants of the property prior to January
1, 1998, pursuant to this chapter al1d the regulations promulgated thereunder.
(H) The displaced person is covered by, or resides in an area or project
covered by, a proposed relocation plan that was submiru:d prior to January 1, 1998, to the
Deparunent 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 promulgated thereunder, 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.
(1) 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 elf 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
persons dwelling with respect to public utilities, facilities, services, and the displaced person's place
of employment..
t3-F - ~'" -,.€
: Str.ldling. Yo~cJ., CJ.r1son & R3Uth. 1998
A-31
(j) "Displacing agency" mems any public emirj or pe~son carrying ct:t a prog~~"7l or
proje-:t which causes a person to be a displaced person for a public proje-:t.
(k) "Appraisal" mems a wrirce:1 Statement inde;Jendemly and irripartially prepared by a
qualified appraiser setting forth an opinion of defined value of an adequately described properry as
of a specific date, supported by the presentation and analysis of relevant market information.
(I) "Small business" means a business as defined in Parr 24 of Title 49 of the Code of
Federal Regulations.
(m) "Lead a~ency" means the Department of Housing and Communiry Development.
7260.5.
(a) The LegislaOlre finds and declares the following:
(I) Displacement as a direct result of programs or projects under.aken by a public
entiry 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
treaanent 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 treaanent of
persons displaced as a direct result of programs or projects undertaken by a public entiry. 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 treaanent under this
~~. (
(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
~~-'l7 -,8
o Stradling. Yocca, Carlson & lUUlh. 1998 A-32
'..
fe:::eral. 52:=, and lccal gove:llmenr programs for accomplisbillg L':~se goals.
(4) The policies and procedures oi this chap~, shall be adffiinis~,ed in a IT,anne,
which is consistent with iair housing requirelT.e:m and which assures all persons t.c'1eir righrs under
Title VIII oi t.c'1at act of April II, 1968 (Public Law 90-284), commonly known as the Civil Righrs
Act oi 1968 and Title VI of the Civil Righrs Act of 1964.
7260.i. NotwithstaIlding any ot.c'1er provision of law, in funherance of the goal set forth
in paragraph (3) of subdivision (c) of Section i260.S*, nonprofit facilities subsidized pursuant ro any
federal or s:ate program for the benefit of low-income tenanrs that restrict rem increases based on
operating cost increasE;s, and that also receive s:ate funds for renovation and rehabilitation involving
the temporary relocation of those tenanrs, shall be exempt from any restrictions on renrs imposed
pursuant to this chapter.
7261.
(a) Programs or projecrs underta.I:en by a public entity shall be planned in a manne, that
(I) recognizes, at an early stage in the planning of the programs or projecrs and before the
commencement of any actions which will cause displacemenrs, the problems associated with the
displacement of individuals, families, businesses, and iann operations, and (2) provides for the
resol~tion of these problems in order to minimize adverse impacrs 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
ro 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.
~F-g<g -.<B
'C SlrJdling, Yoc'c:J., CJrlson & RJ.uth. 1998
A-32.1
(2) Provide current and continuing information on the availability, 5.11es prices, a..'1d
renuls of comparable repla~ment dwellings for displaced homeo\Vllers and tenar:ts, and suit.1ble
locations for businesses and farm operations.
(3) Assure that, within a reasonable time period prior to displacement, to the exte:1t
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 v.lthin the
financial me:lns of displaced families and individuals, decent, safe, and sanitary dwellings, Suflicient
in number to meet the needs of, and available to, those displaced persons requiring tJlose dwellings ----
and reasonably accessible to their places of employment, except that, in the case of a federally
funded project, a waiver may be obtained from the federal government.
(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 defU1ed 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 _informationcon~g other federal and state programs which may be of --
assistance to those persons in applying for assistaDceunderthe-pro'gi-aiTI.' - ---- , .. -----
(7) Provide other advisory services to disp laced persons in order to minimize hardships
to those persons.
(d) The head of the displacing agency shall coordinate its relocation ~sistance 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.
(
7U1.5. 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
- /3F-F9-/3
SYCR 1994 . A-33
L'1is chapter through any federal, state, or lcx:.aJ govemme.'1tal agency having an established
organization for conducting relocation assistanu 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 experienu in the administration or conduct of similar housing assistanu activities.
7262.
(a) V{nenever a program or project to be undertaken by a public entity will result in the
displaument 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 ~ual 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 replaument business or farm.
not to exceed one thousand dollars (S I ,0(0).
(
(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 (SlO,OOO).
(b) Any displaced person eligible for payments under subdivision (a) who is displaced from
a dwelling and ....no 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.
(
(c) Any displaced person who moves or discontinues his or her business or farm operation
and elects to accept the payment authodwl 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 of 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 immediately preceding the taxable year in ....nich 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 bjthis subdivision, the
business or farm operation shall make available its state income tax records, financial sta1ements, and
. ~1=~qo-,8
syCR 1994
"
A-34
accounting r~:ords, for confide:1tial use ~ursuam to an audit to de:e:wine the pay~~:1[ pursu:;:1t to
this subdivision. In r~gard to an outdoor advercising display, paYwe:1[ pursuant to this subdivision
shall be lirni:ed to the alTlOunt necessarj to physically move, or repl:;ce tha[ 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 emirj. 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 (51.000) nor more than twenty thousand dollars
(520,000). A person whose sole business at the displaceme:1t dwelling is the rental of the pro~erty
to others shall nOt qualify for a payment under this subdivision.
(d) Wheneyer the acquisition of real propeny used for a business or farm operation causes
the person conducting the business or farm operation to move from other real propeny, or to move
his or her personal property from other real propeny, the person shall receive payments for moving
and related expenses under subdivision (a) or (b) and relocation advisory assistance under Se:tion
7261 for moving from the other propeny.
(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 submined in response to the solicitations shall be exempt from
regulation by the Public Utilities Commission.
(I) 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 tha[ lease.
7262.5.
(a) Notwithstanding Section 7265.3 or any other provision of law, tenants residing in any
multifamily rental project of four or more units who are displaced from the project for a period of
180 days or less as part of a rehabilitation of that project, that is funded in whole or in pan by a
public entity, shall not be deemed permanently displaced if all of the followirig criteria are satistied:
(1) All other financial benefits and services otherwise required under this chapter
are provided to the tenants temporarily displaced from their units, including relocation to a
comparable replacement unit.
(2) The resident is offered the right to return to his or her original unit, with rent
for the first 12 months subsequent to that return being the lower of the following: up to 5 percent
higher than the rent at the time of displacement; or up to 30 percent of household income.
(3) The estimated time of displacement is reasonable, and the project is a qualified
affordable housing preservation project.
(b) For the purposes of this section, "qualified affordable housing preservation project"
.6F-9/~.8 .
'C Str:ldling. Yocc:r. CJrlson & R:luth. 1998 A-35
shall have L':e meaning set foru1 in subparagraph (B) of paragraph (3) of subdivision (c) of Scc:ion
7260.
i263.
(a) In addition to the payments required by Section 7262, the public entity, as a pan 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 ov.ned and oc..."Upied by the owner as a permane:lt 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 aI1Y
increased interest costs which the owner is required to pay for financing the acquisition of a
comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the
displacing agency was encumbered by a bona fide mongage which was a valid lien on the dwelling
for not less lfJan 180 days immediately prior to the initiation of negotiations for the acquisition of the
dwelling. All of the mongages on the acquired dwelling shall be used to compute the payment. The
amount shall be compured using the lesser of the principal balance of the mortgage' on the
replacement dwelling or the outstanding principal balance of the mongage on the acquired dwelling
and the lesser of the remaining term on the acquired dwelling or the actual term of the new mongage.
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 "mongage," 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 fES, 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:
(
,8F- <fd-.-A
c Slr.1dling, Yocca. Carlson & Rauth. 1998
A-36
,
~'
(1) The d2te the displ2ced person re-::ives final p2ymer,t for L':e dispi2c:~erH
dwelling. or in the C2se of conderrUl2tion. the date the full amour:t of estim2ted just cOmpe:1S2tion is
de;Josited in court. '.
(2) The d2te the displacing agency fulfills its obligation to make 2vailable at le2st
one comparable replacement dwelling to the displaced person.
However, the displ2cing agency may extend the period for good cause. Also.
the displaced owner and the public entity may 2gree in writing that the displaced OVlller may remain
in occupancy of the acquired dwelling a.\ a tenant of the public entity on the conditions r.,'m the
displ2ced owner shall Qnly be entitled to the payment authorized by this section on the dare 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 purcha.\ed 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 intem 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 Se-:tion 7263, the lea.\ing 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.
7264.
(a) In addition to the payments required by Section 7262, as a part of the cost of
acquisiUon, the public entity shall make a paymem to any displaced person displaced from any
dwelling not eligible to 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 nor. 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 0) 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 rem a comparable replacement dwelling for a
period not to exceed 42 months, including compensation for utilities, as provided in subdivision (b)
of Section 24.402 of Part 24 of Title 49 of the Code of Federal Regulations. Payments up to the
maximum of five thousand two hundred fifty dollars ($5,250) shall be made in a lump sum. Should
an agency pay pursuant to Section 7264.5 an amount exceeding the maximum amount, payment may
be made periodically. Computation of a payment under thi$ subdivision to a low-income displaced
person for a comparable replacement dwelling shall take into account the person's income.
,d,c-98 -~
:0 Slr:J.dling. Yac:':l, Cuban & Rauth. 1998
A-37
(c'l ..i..ny J::c:-son e!igioie for a pa:::ne~t ur:de:- subdivision (a) way e!~t to a~piy t;......,.
p2yrn~:1[ [0 a dow:1paym~:1t on, and m.b~~ incidenwl expenses pursuam to, the pur:hase of a de:ent.
sJfe. and sani2rY replacerne:lt dwelling, The person may, at the dis:retion of the public entity, be
e:igible unde~ this subdivision for the maximum paymem allowe::! unde~ subdivision (b). except that.
in the case of a displaced homeowner who has owned and occupied th~ displaceme:1t dwelling for a[
lease 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 paymem which tiJe person would
oL".erwise have re-:eived under subdivision (b) of Se-:tion 7263 had the person owned and oc:upied
ti1~ displacement dwelling 180 days immediately prior to the initiation of the negotiations.
(d) In im]Jlementing tftis chapte~, it is the intent of the Legislature L1ar spe-:ial
consideration shall be given to assisting any displaced person 62 years of age or older to locate or
lease or rem a comparable replacemem dwelling.
i264.5.
(a) If a program or proje:t undem.ken 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 ne:essary or appropriate to provide the dwellings by use of funds authorized for the project.
This s~ction shall be construed to authorize the public entity to exceed the ma.ximum amoul!ts which
may,be paid und~~ Sections 7263 and 7264 on a case-by-case basis for good cause as determined in
ac:ordance with rules and regulations adopted by the public entity. Where a displacing agency is
und~rtaking 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
he~~by d~signated as a duly authorized adminisrrative 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
s~ction.
(b) The affected property shall be immediately contiguous to property acquired for airport
purposes and the owner shall have owned the property affected by acquisition by the public entity not
less than 180 days prior to the initiation of negotiation for acquisition of the acquired property. .
.--
f
\.--
6F-<f<f-13
<t. Stradling.. Y oc~7' Carlson & Rauth. 1998
A-38
'.'
.-
(c) Tne payment, not to exceed twenty-t'w'O thousand five hundred dollars ($22,500), shall
be Lie amount, if any, which e<juals the actual decline in the fair market value of the property of the
affected properry ov.rner caused by the ac<;uisition by the public entity for airport purposes of OLler
re21 property and a change in the use of the property.
(d) Tne amount, if any, of actual decline in fair market value of affected property shall be
de-.ermined 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
L"l 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 v.tlo moves from a dwelling or who
moves or di=ntinues his business, as a result of impending rehabilitation or demolition of a
residential or cemmercial structure, or enforcement of building, housing, or health cedes by a public
entity or because of systematic enforcement pursuant to Section 37924.5 of the HeJ.!th and .safety
Code, or who moves from a dwelling or who moves or discentinues a business as a result of a
rehabilitation or demolition program or enforcement of building cedes by the public entity, <ir
because of increased rents to result from such rehabilitation or cede 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 cemputed and reviewed annually based on
acrual 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
incr~ed _~~nts_~ to ":'::': to other suitable.housing.
A public entity assisting in the fmancing 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 families of low or moderate inceme,
as defined in Section 50093* of the Health and Safety Code, whose rent, within one Ye:JI after the
rehabilitation of their dwelling is cempleted, is increased to an amount exceeding 25 percent of their
gross inceme, or who move from their dwelling, as the result of a rehabilitation program in which
the rehabilitation work is wholly or partially flronced 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 fmanced 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 o~through the public entity shall, as a ccndition of the
'. !'-JF-9.s--~ ..
,
,
ftroncing or asslSt3.nc.e, be given the option of relocating, aft.e:- rehabilitation, in the dwelling from
which the person was displaced'. '
(e) A public entity may limit the amounts of payments rnade pursuant to subdivision (b),
otherwise calculated pursuant to sulxlivision (0) of Section 7264, to the lesser of: (i) the difference
betWeen the incre:lSed rent and 25 percent of gross income; or (ii) the differenc.e between the
incre:lSe<:l rent and the rent immediately before the rehabilitation which was greater than 25 percent
of gross income.
(f) The payments and advisory assist3.nc.e 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 pric.e or the date of
deposit in coun 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 re:lSonable, for expenses the owner necessarily incurred for recording fees,
transfer !,aXes, and similar expenses incidental to conveying such real property to the public en~ty.
7266.
(a) If a relocation appeals board has been established pursuant to Section 33417.5 of the
Health and Safety Code, a city by ordinanc.e may designate the board to hear appeals from all public
entities, exc.ept those state agencies which have an appeal process on the eligibility for, or the amount
of, a payment authorized by this chapter.
(b) Any person aggrieved by a detum.ination 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 appealsooard if authoriz.ed undersubdivision (a).- Thneview 'of a -detennination -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 Code.
7267. In order to encourage and expedite the acquisition of real property by agreements
with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment
for owners in the public programs, and to promote public confidenc.e in public land acquisition
practices, public entities shall, to the greatest extent practiC3ble, be guided by the provisions of
Section 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-of-way, covenant, or
other nonpossessory interest in real property to be acquired for the construction, reconstruction,
alteration, enlargement, maintenanc.e, renewal, repair, or replac.ement of subsurfac.e 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.
SYCR 1994
'.
~-9b-e
A-40
(0) Real property shall be appraised before the initiation of negotiations', and the owner, or
tole o"'11er's designa~ representative, shall be given an opportunity to accompany the appraise~
during his or her inspection of the property. However, the public e:1tity may prescribe a procedure
to v,aive 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 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 loca~ 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 lxith. 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 tJ:1e likelihood that the property would be acquired for the improvement, other than that due
to physical de~rioration within the reasonable control of the owner or occupant, shall be disreg-arded
in determining the compensation for the property. 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. 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 ~ed. Where appropriate, the just
compensation for the real property acquired and for damages to remaining real property shall be
separately sta~.
(b) 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 !X>mpensation 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 federal funds are involved in the acquisition, construction, or project
development.
"
(c) A5 used in subdivision (b), "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 entity's possible acquisition of the property.
7267.3. The construction or development_ota PUllJicJmp~gy~~e.flt~h~lbe s9 _s~~~lerl
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
~F-97-,6
'.
. ~ ~ r
or fa..--;n ope~ation, without at least 90 days' 'Hillen notice from the public entity of L1e date by which
such move is required. -
7267.4. If the public entity permits an olVller or tenant to occupy the real property acquired
on a rental basis for a short tenn, 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-tenn cccupier.
7267.5.. In no event shall the public entity either advance the time of condemnation, or ..
defer negotiations or condemnation and the deposit of. funds in court for the use of the OlVller, or ta.'\;e
any other action coercive in nature, in order to Cl:lmpel an agreement on the price to be paid for L1e
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 proc.w:lings. No public entity
shall intentionally make it n=sary for an O\VT1er to institute legal proc.w:lings to prove the fact of
L'1e 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 Cl:lndition as to constitute an uneconomic remnant, the public entity shall offer to
acquire the entire property if the olVller so desires.
( (b) A perso'n whose real property is being acquired in a=rdance with this chapter may,
after the person has been fully infonned 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 an<! to
administer relocation assistance under this chapter. These rules and regulations shall be in
a=rdance with the rules and regulations adopted by the Department of Housing and Community
Development.
(b) Notwithstanding sulxlivision (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.
[See also Health and Safety Code, Section 504Q{)*]
7267.9.
c.
(a) Prior to the initiation of negotiations for acquisition by a public entity or public utility
of nonprofit, special use property, as defined by Section 1235.155 of the Code of Civil Procedure,...-
the acquiring public entity or public utility shall make every reasonable effort to seek alternative
property which is other than nonprofit, special use property. However, this requirement shall not
,sF -98'-6
SYCR 1994 "
A-42
.
~.
apply to properties acquired by public entities for transpor-..ation purpcses, including, but not Iill'Jt.ed
to, the construction, expansion, or improvement of streets, highways, or railways.
(0) 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, nalllral gas, or flood concrol facilities or rights-of-way where those acquisitions
neither require removal or destruction of existing improvements, nor render the property unfit for
L'1e owner's present or proposed use.
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
Personallncome Tax Law, Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, or the Bank and Corpcration Tax Law, Part 11 (commencing with
Section 23001) of Division 2 of the Revenue and Taxation Code.
(0) 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 Code 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 Code.
7270. Nothing H 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 J!laJ<e ,oth~U.c:lO?tio!l___-
assistan~ payments, or to make any relocation assistan~ payment in an amount which exceeds the
maximum amount for such payment authorized by this chapter.
,<8F- 99-18
~ .... ,'" ,
p.~'1y public entity may, also, r.u..'<e any other relocation assist.mce payment, or rr.ay make a.1Y
relocation assist.mce payment In an amount which exceeds the ma.:wnum amount for such payment
aUL'1orized by this chapter, if the making of such payment, or the payment in such amount, is
required under federal law to secure federal funds.
7272.5. Nothing contained in this article shall be COllStrued 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 corrunences 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 l.egislarure.-
7273. Funds received pursuant to Sections 2106 and 2107 of the Streets and Highv.-ays
Code may be expen<led by a city to compensate displac;e,j persons for their moving expenses because
of the construction of city highways or streets.
7274. Section 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 informatioo and
shall be made available upon request from the entity concerned.
7276.
(
(a) If a resolution is adopted un<ler 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 malc.e any
of the payments required to be made by public entities pursuant to the provisions of this chapter in
conformity with. this chapter. and tl1_e gui~:lines adopted by the Co~.ssion of Housing and______
Corrununity Development pursuant to Section 7268. .
(b) Tnis section does not apply to public utilities which are subject to the provisions of
Article 6 (commencing with Section 6(0) of Chapter 3 of Pan 1 of Division 1 of the Public Utilities
Code or to public entities which are subject to this chapter.
7277.
l
(a) Tne 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 coun 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 determined by a qualified appraiser, and if no federal funds are involved in the acquisition,
construction, or project development. "Offered for sale" me:ms either advertised for sale in a
publication of general circulatio.n published at least 000: a wee\:: or listed with a licensed real estate
broker and published in a multiple listing, pursuant to Section 1087 of the Civil Code.
;<3;: -I OO-e
SYCR 1994
AM
(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
surrounding property.
(2) Any relocation assistance and benefits provided pursuant to state law which
the property owner may be foregoing.
Aooendix 19
Government Code. Sedions 8855 - 8855.5
8855.
(a) There is created the California Debt and Investment Advisory Commission, consisting
of nine members, selected as follows:
(1) The Treasurer, or his or her designate.
i
~;
(2)
The Governor or the Director of Finance.
(3) The Controller, or his or her designate.
(4) Two local government finance officers appointed by the Treasurer, one each
from among persons employed by a county and by a city or a city and county of this state,
experienced in the issuance and sale of municipal bonds and nominated by associations affiliated with
these agencies. '
(5) Two Members of the Assembly appointed by the Speaker of the Assembly.
(6) Two Members of the Senate appointed by the Senate Committee on Rules.
(b) (1) 'The term of office of an appointed member is four years, but appointed
members serve at the pleasure of the appointing power. In case of a vacancy for any cause, the
appointing power shall make an appointment to become effective immediately for the unexpired term.
(2) Any legislators appointed to the commission shall meet with and participate
in the activities of the commission to the extent that the participation is not incompatible with their
respective positions as Members of the Legislature. For purposes of this chapter, the Members of
the Legislature shall constitute a joint interim legislative committee on the subject of this chapter.
(c) The Treasurer shall serve as chairperson of the comriussion and shall preside at
meetings of the commission. The commission, on or after January I, 1982, arid annually thereafter,
shall elect from its members a vice chairperson and a secretary who shall hold office until the next
ensuing December 31 and shall continue to serve until their respective successors are elected. .
t6F-IO 1-8
Q Stndling, YOCC2, Carlson & Rauth, 1997
A-45
Relocation Assistance and Real Property Acquisition
Guidelines
,.8F -IOd-.-8
...
'.
Barclays Official
CALIFORNIA
CODE OF
REGULATIONS
Title 25. Housing and Community ~
Development
Division 1. Housing and Community Development
Chapter 6. Department of Housing and Community Development Programs
Vol. 33
Published by
'.
BARCLAYS LAW PUllLlSHERS
50 Califomia Street
Nineteenth Floor
San Francisco, CA 94111
8~88-3600
,eF -10.,3-6
. 0:r led 3 /30 \ q'f)
. .'1""
Title 15
Department af HausinJ: and Community Deye!apment ~r:lms
Table af Cantent,
Chapter 6. Department of Housing and Community Development Programs
TABLE OF CO~TE~TS
Page Pa.;e
Subch2Dter 1. Relccation Assistance and S 6C~8. Allemate Payments-Incivicuals
Real Property Acquisition and Families.
Guidelines 261 S 6100. AJtemate Payments-Businesses
and Farm Operations.
Article 1. General 251 S 5102. Re~acement Housing Payments
9 6000. Order of Adoption. for Homeowners.
96002. Statement of Purpose and Policy. 96104. Rep'acement Housing Payments
9 6004. AppicabiJity and Supersedure. lor Tenants and Certain Others.
9 6006. Regulations. S 6106. Proration of Payments.
S 6008. Definitions. 96108. Condition of Aepacement
S 6010. Prior Determinations. Dwelling.
96012. Citizen Participation. 96110. Certificate of Eligibility.
96014. Prerequisite to Displacement. 96112. Moble Homes.
S 6016. Remedies. 96114. Affected Property.
96018. Priority of Federal Law. Article 4. Last Resort Housing 274
S 6020. Sevefablity. 96120. Purpose.
Article 2. Relccation Assistance 96122. Determination of Need lor Last
Advisory Program and Resort Housing.
Assurance of Comparable 96124. Development of Repacement
Replacement Housing 264 Ho using Plan.
96126. Submission of Plan for
96030. Purpose. Comment.
S 6032. Relocation A3.5istance Advisory S 6128. Determination by Displacing
Program. Public Entity of FeasibiHty and
S 6034. Eligibility. Compliance.
S 6036. Rehablitation, Demolition, Code 96130. Implementation of the
Enforcement.
9 6038. Relocation Plan. Aepacement Housing Plan.
96132. Housing Production.
S 6040. Minimum Requirements of 96134. Jointly Sp'rlSored Development.
Relocation Assistance Advisory 96136. Last Resort Housing in Ueu of
Program. Paymenb.
9 6042. Replacement Housing Prior to 96138. Conformity with the Act and
Displacement; Notices to Other Statutes, Policies and
Displaced Pel"3ons. Procedure:s.
96044. Temp:lra'Y Move.
9 6046. Informational Program. Article 5. Grievance Procedures 275
9 6048. Survey and Analysis of S 6150. Purpose.
Relocation Needs. 96152. Right of Review.
96050. Failure to Conduct "Timely and 96154. Notification to Compainant.
Effective Survey. 96156. Stages 01 Review by a Public
9 6052. Survey and Analysis of Available Entity.
Relocation Re30urce5. !i 6158. Formal Review and
9 6054. Last Resort Housing. Reconsideration by the Pul:)ic
S 8056. Termination of Relocation Entity.
Assistance. 96160. Refusals to Waive Time
9 6058. Eviction. Limitation.
9 6000. Evaluation of Relocation. 96162. Extension of 'Time Limits.
Article 3. Relccation Payments 2e8 96164. Recommendations by Third
Party.
96080. Purpose. !i 6166. Review of Files by Claimant.
9 6082. Relocation Payments by Public 96168. EHect of DetellT1ination on Other
Entity. Pel'3ons.
9 6084. Basic Eligibility Conditions. 96170. Right to Counsel.
S 6086. Notice of Intent to Displace. 96172. Stay of Oispacement Pending
S 6088. Filing of Claims'; Sul::mission of Review.
Tax Returns. 96174. Joint Compainants.
96090. Actual Reasonable Moving 96176. Judicial Review.
Expenses.
9 6092. Actual Direct Losses of Tangible Article 6. Acquisition Policies 276
Pel'3onal Property. 96180. Purpose.
98094. Actual Reasonal:)e Expenses in 98182. Acquisition.
Searching for a Replacement 96184. Notice of Decision to Appraise.
Business or Farm. 98186. lime of Offer.
9 6096. Moving Expenses-Outdoor ,,8;: I- 96186. Notice of Land Acquisrtlon
Advertieing Businesses. -10 -19 Procedures.
Page I (12-2'7-96)
.
Table of Contents
BARCLAYS CALIFOR."aA CODE OF REGl.TLATIO:-;S
Title 25
96190.
S 6192.
S 6194.
S 6195.
S 6196.
S 6198.
Subchapter 2.
Notice of Putlic E:1tity's Dec:sion
Not to Acquire.
InddenlaJ Expenses.
Short Term Rental.
Puljic Information.
Service of Notice.
Nonpossessory Interest
Exception.
California Low-Income
Home Management Training
Program 279
Pa.;e
Subchapter 3.
Subchapter 4.
Subchapter 5.
9 6500.
Appendix A
Appendix B
13,c -IOS-- /3
PageU
Page
Housing Element Guidelines 279
Housing Element Guidelir,es 279
Department of Housing and
Community Develcoment-
Conflict of Interest Ccae 279
General Provisions.
260
280
OZ-T1...Q6}
Tit:e :!~
Dt:?:lrtrne~t of EousiI"...z 3r.d Communit:i ~'ie:opr.e!1r P7Q'Z!"'Jr.1:'
~ 61:1,;)
Chapter 6. Department of Housing and
Community Development Programs
Subchapter 1. Relocation Assistance and
Real Property Acquisition Guidelines
Article 1.
General
.6000. Order of Adoption.
Tnis succbapter (be:einafter referred to as the "Guice:.i.:::1es") is
adopted pur-maIn to tl::e provisions of Sectien ~1135. Health and Safery
Code. in order w imf:k:ne::H. interpret and to mak.e sf:ecific provisions of
Division 7. comme:J.c:ng with Section 7260 of the Govemn:e::::n Coce
(hereinafter referred to as the "AcC). relating to relocation assistance.
last resort housing a.r.d real pro{X'ny acquisition.
NOTE; AUlhcnlY ci~d for Chaptu 6: 5.:cuons 41IJ4. 4t 135. and .H226. H.:alth
and SJf:=ty Cod.:. Rd:=re:lC::: S.:ction 7260:=t seq.. Govemrn.:nt COC.:: 4113..t.
41135. and .;[226. H~allh 3.l'1d Salety Code::.
HISTORY
1. Ame::ndme~l filed 11-5-76 J..S an e::mergency: designated effeclJve 11-17-76
(Register 76. ;";0. 4~)0. Fer pnor hiSlCf"j. see Register 76. ~'o. ~.
2. Redesignauon of Cnapler 6 ($cctions 6C00--6198. not conse;:cut.ive) 10 Chap~r
6. Subch.Jpter 1 (S.xuoos 60CO-6198. nO( consecutive) filed 1-23-77 3.S proce.
dur.J.l J.r.d org.Jnizational: eff~'Ctive upon filing (R\:'g.isl.;or 77 ;-":0. 5).
J. Amer.um.:ntfi'J.:d [-25-77 3.S proc::uurJl.:lnu orpninuon.JLdfecIJ'{<;: upon fil.
ing (Register 77. So. Sl.
..\ Certifical.;> ofCompu:lI".c::.:IS 10 filing: of 11-5-76 fib1 ::!-I6-77 (R:g.iste::r7i.
~o. 8).
.6002. Statement of Purpose and Policy.
(a) The purpose of the Guidelines is to assist PJblic entities in the de-
veJopmem of regulaticns and procedures implementing the Act.
(b) The Guidelines are designed to carry out the following policil's of
the Act:
(1) Toensure thaI uniform. fair and equitable treatment is afforded per,
soos displaced from the:rhomes. businesses orfanns as a result oflhe ac-
tion,; of a public l.'nlity in order that such p.:'J':)ons shall not suffer di,;pr().
portionate injury as a result of actioo taken for the benefit of the public
as a whole: and
(2) In the acquisition of real propeny by a public entily. to ensure con-
sistent and fairtreatment for owners of rc::ll property to be acquired. to
cncQur:lge and expedite acquisition by agreement with owner.; of such
property in order to avoid litigaticn and relieve congestion in couns, and
to promote confidence in public land acquisition.
(c) A public entily shall not participate in or undertake a project thaI
will displace individuals from their homes unless comparable replace-
ment dwellings (see subsection 6008(c)) will be available within a rt'a-
scnable fX'ricd of tim{' prior to displacement.
(d) The Guidelines an.> intended to establish only minimum require.
ments for relocation assistance and payments. Tney shall nOl b(.' con-
strued torimit any other authority orobligatioo which a p.lblic entity may
have to provide additiona.l assistance and payments.
(e) The Act and the Guidelines are intended for the benefit of displaced
persoos. to ensure thaI such persons receive fair and equitable lrealment
and do not suffer disproporticnate injuries as the result of programs de-
signed for the benefit or the public as a whole. The Act. Guidelines and
all applicable regulations on which determinalioos are based shall be con.
strued 10 effect this intent.
(D) T:!ese Gu:ce:..:..::.es st.:;'e:;;e~~ ~c$e J.'::.;~(e~:-y :'~e C.--r.-:::l.ISS,__'!", c(
HCUSUl3.1!:C Coc.=u:..:ry C'eveio~e::.t (1;. Cc:c~~ : 7. 1 ),7:. Tne :;'::;::e,
lines 3osu~rs<?':ie: seJ.il e(:t J.r~iy to J.r.Y':;:i~iact':::e::::t or JC':;UISltiCr.. -.:c,
CU~J1g oc or af:e~ :I:e e:Tec!lve d,:u.e of :.i::e::se Guice:.i:::::es. ...l,~1Y suc: G.:s-
place~e::ll or acq:.:isitico. scill be gove:::ec sclely by these Guict':i..-:es
:l.;.1.d the CJ.!ifoc.iJ. R~:cc:l[:cr:. Act. icur.d at Gove-=w:.e:H Coce se:::icn
72fiJ et seg.
TJ.e provlsicr:.s ci these Guidelines. however. sb.ill oet :.e cons~ed
retroactively to J;:opiy to action(s) uncer'.2..~e::J. by a ;ubiic e:J.Uty prier to
tl::eireffec:.ive d.:ue wbe:-e tl:e PJryJse ci:l:e Jc~icn was to fulfill obE'2:l.
tions impcsed by d:e Aet and the action is ir:. eompiiance wit.1 the recu~_
ments of me Ac: Jl:c:be existing GuideliI:.es. For <.he purp<...--se of thi; sec.
tion the term "acticn" shall induCe but is act limired :0: the provisicn of
informaticn. notice, other assisunce. cOr::::lparable replace::::e:n housln!2..
payments aI:d cthe::benefits: the prepar:uicn of relocation and last reso~
housing pi.ms. including the survey and analysis of~eeds and resOlJn:es:
the processing of g:ievances: and the vmous steps ta..lcen in connection
with the acquisition of propeny for public use.
These g"Jideli.r:es shall apply to relocation plans and notices to displa-
cees subsequent 10 !h {'ffective date cf any regulatory provision. Tne
right of displacees shall not be reduced in reliance en any amendment to
these guidelines wbex it may be demcDStI"J.ted that the displacee has
ac:ed in reliance cn a notice given to that household prier to the effective
date of any guice!ice.
(c) To the eX;Cl! that these Guidelines JIe from time to ti:r.e amecced.
the ame.c.dments sball be effective prospectively frem the date that they
become effeclive.
NOTE: Authoril'{ citd: S~clion 50.t6Q, He.J.lth md S.Jfetv Cod;:. R:d:=ren~: Ar-
ticle:: ..t. $cctlon S. Cilifomia Coostilulicn. '
HISTORY
I. Am~:1dm~:1( of subsection (bl fikd 11-5-76 J.S .:In em"'~-:'r:c:;: desigJule'.:! ef-
f~'ct.ive- 11-2i-76 (R",!iste:" 76. :So. .\-I).
2. Certific.Jl.: of Ccmpli;lJ1c~ riled 2-16-77 (R::g.istcr 77. ~o. 8).
3. Amendment ofsecuon and new :SOTE filed 3-12-97: op.-r:llive 9-11-97 (R.:z-
iSler97.~o.3}1. -
. 6006. Regulations.
(a) Each public entity before undertaking or participating in activity
which will rxsult in the displacement ofpt'rscns shall adopt rules and reg.
ulations that implement the rxquiremems of the Act. are in accordanc{'
with the provisions of th(' Guidelines. and prescribe additional proce-
dun'S and n-quirrme'nls th:ll art' appropriale' to the panicular activities of
the public entity a.nd not inconsistent with the Act or Guidelines.
(b) Rules and rt'g'Jlalions issued uncer this secticn shall be promptly
revised as necessary. to conform to a.ny amendment of the Act or Guide-
lines.
.6008. Definitions.
The following t{'mlS shall mean:
(a) Acquisition.
Obtaining ownership or possession of pro{X'rty by lawful means.
(b) Business. \
Any lawful :lClivity. excepI a f.:mn operntioo provided such lawful ac-
tivilY is not in an unlawful occupancy as defined in subse{;tion (v).con-
dueled primarily:
(1) For the purchase. sale. lease. orrenlalofperscnal and real prolXny.
and forth" ma.nufaclure. processing. ormarke-ting of prcducts. commooi-
ties. or any other persooaJ property:
(2) For the sale of services lo the public:
(3) By a nonprofit organization: or
(4) Sololy for the purpose of a moving expense payment (see sectioo
6000). for assisling in the purchase. sa.le. resale. manufacture. process-
ing. or marketing of products. commodities. perscnal property. or ser.
vic{'s by the e-rection and maintenance of an outdoor advertising display,
~ 6004, Applicability and Supersedure. whether or not such display is located on the premises en which any of
(a) Except as otheZVIise noted in this section. the Guidelines are appli. the above activities are conducted.
cable toall displacement and acquisition occurring on oraIlertheirC'ffec, (c) Compar.lbil' Replacement Dwelling.
tive '""e. January I. 1977. ;f3 F _I O?:, -;3 A dwelling which satisfies each of the following "andaros:
Page 261 R.c,i",e, '17. No. )3: &-15-Q7
~ 6C{~
BARCLA)S C..\.L ITO RSl\ CODE OF REGlUTlOSS
Title ::5
(l) De':~:J.t. s.lfe J.!ld sa:::it,rr:. (J,S dermed:n subsec::cn &:C8(cJ), ~c.
cC'C:vanbie to the JCqt:ire~ d'",e!t.inu with resoec: to ou:::.ce:- of rccn:.s.
b.1bi~ble livi.cg space JI:.d ry:;e :lCdq~ality of c~nst>ucticn. bct oct :~sse:-
in teems cr livi:lg space tb~ necessary to accomIDocJ.te the dispiJ.ced
j:e:Scn.
(2) In an are:!. nct subjec:.ed to unreJ.Scnable adverse e:J.vircnn:e::t:1l
ccnditicns frem eithe~ nJ.r..:~ or manmade sources. and oct ge:.e~ally
less desirable than the acqui:ed dwelling with respect to pucEc utilities.
public and ccmmercial facilities and neighbOIhood crnditions. including
schools and municipal services. and reasonably accessible to the dis-
placed pe:.;;cn's present or potential place of employment: provided that
a ~te:::J.tia1 place of employn::.e::lt may OC< be used to satisfy tl::e lccessibil-
ity require:ne:J.t if the displaced person objects.
Toe Ac~ ar.d Guidelines do Dot require that the replace::nent dwelling
be generally as desirable as the acqu~d dwelling with respect to environ-
ment.1.l characteristics. To 00 gb adisplaced person does not have to accept
a dwelling subject to unreascnable adverse environment.1.l ccnditicns.
neither is a public entity required toduplic:lte enviroD.IDental charac~eris.
tics. such as scenic vistaS orproximiry to the ocean. lakes. rivers. forests
or other natural phenomena.
If the displaced person so wishes. every reasonable effon shall be
made to relocate such ~rsCD within ornearto his existingneighbori:lood.
Vlhenever practicable the replacement dwelling shall be reascnably
close to relatives. friends. se:"Iices or org:mizaticns with whom ll:e:e is
an existing deFCndency relationship.
(3) Available on the private market to the displaced perscn and avail-
able to all perscns reg.::l.I1:iless of r:lce. color. sex. marit..:d status. religion.
cr naticnal origin ina tD.:l.U..C.er consistent with Title vrn oi the Civil
Rights Act cf 1963 orany ct..ler appl.icable stJ.te or federJ1 ami-dis.::rimi.
nation law.
(4) To the extenl pr:lctic.1ble and whe:c consistent with paragr.1ph
(c)( 1) of this sccticn. functicnally equivalent and subst.1I1tially the same
as the acquired dwelling. but nol excluding newly ccnstrucled bousing.
(5) Within the Fmancial Means of the Displaced Person. A ~place.
ment dwelling is within t.he financial means of a displaced person if the
monthly housing cost (including payments for mongage. insurance and
property u;l;.es) or rental cost (including utilities and other rea.sonable re-
curring e:tpenses) minus any replacement housing payment available to
the person (as provided in sectioos 6102 and 6104) dces not exceed twen.
ty-five percent (25%) of the person's average monthly incomt' (.1S de.
fined in subsection 6008( 1)). A repiacementdwelling is within the finan-
cial means of a displaced person also if the purcbase price of the dwelling
including related increased interest costs and other reasonable e:tpenses
(as described in section 6102) does nol exceed the tctal of the amount of
juSl compensaticn provided for the dwelling acquired and the replace.
ment housing payment available to the person (as provided in section
6102).
U a dwelling which satisfies these st:lIldards is not available the public
e:Hity may consider a dwelling which exceeds them.
(d) Decent. Safe and Sanitary.
(1) Housing in sound. clean and weathertightcondition. in gocd repair
and adequately maintained. in conformance with the applicable state and
local building. plumbing. electrical. housing and occupancy cedes or
similar ordinances or regulations and which meets the following mini.
mum standards:
(A) Each hoosekeeping unit shall include a kitchen with a fully usable
sulk. astove orcoonection for astove.a separate and complete bathroom.
hot andcold running walerin both bathroom and kitchen. an adequate and
safe wiring system for lighting and c<berelectrical services and beating
as required by climatic conditions and local codes.
(B) Each nonhousekeeping unit shall be inconformance with state and
local cede standartis for boarding houses. hotels and other dwellings for
ccngregate living,
(2) When the te"'! decent. safe and sanitary is interpreted. uoderlocal.
state or [ederallaw. as establishing a higherslandard. the elements of t.hat
'.
bi!.!berst.mdard. w:..:c:: e."i.ceec t.\;.e provls:cn cf p.:Jg:JFfl.( 1) ci t:s suc-
se~~ion. arc inccr:crJ.tec. here:.n. A unit whic::' is cc'::'Jped by ;)c more
tbln the ma."i.imu; ~U:c::lbe:, of p!cole allowed ucc.e:' tl::.e St.1te BI.;i1c.i.c~
Coce sh.1ll be ccnsice~ to be in c~rnpli;wce with the cc:upar:.c:. provi~
sicns of this sui::secticn. .
(e) Deparune:1t. De?ar'".me:H cf Housing :!.CC Comm.uciry Develop.
me:lt.
(f) Displaced Pe:sCD. A:J.y person woo moves from rell prcpe:'ty. or
who moves his pe::scnJ1 property from real property. eithe::
(1) As a result of a wnnen oCiice of intent to acqu~ by a ~ubEc entit\!
or as a result of the acquisition of such real prop;'rry. in wbole or ill p~.
by a public entiry cr by any person having an ag=eemeot with or acting
en behalf of apubiic entiry.oras the result of a wrinen orCe:,from a public
e::Hiry to vacate the real property. for p.1blic use: or
(2) As a result of me rehabilitatioo. demolition cr ot.berdisplac:ng ac-
tivityundenaken by a public entity orby any perscn having a:J. agreement
with or acting on behalf of a p..lblic entiry of real property on which the
person is in lawful occupancy or conducts a business. ar:.d the dis?lace-
me:nt. except as provided in Gov. Cede sections 7260(c)(3) and 7262.5.
lasts longer than 90 61'S.
This definition shall be construed so that persons displaced as a result
of public action receive relocation benefits in cases wbere they are dis-
placed as a result of an O\lw"'D.er participation agreement or an acquisitirn
camed out by a private pe::scn for or in connection with a public use
where the p..lblic e:ntty is othervoise emp::>wered to acquire the propert~i
to carry out the public use.
(3) Except perscns orf.unilies oflow md mederJ.te income. as eefmed
to Secticn 5COJ3 of the He:1lth and Safety CcO:. who ,"'1: OCCUpaolS of
bousing wbich was made available to them on a p;'rmanerH basis by a
public agency ar.d who are required to move from thal housing. a dis-
placed !=Crson shall not include any of the following:
(A) Any perscn who has been determined to be in unlawful occupancy
of the displacemect property asdefmed in subsccticn 6008(v).
(B) Any per50n who is a post-acquisition occupant of the displace-
ment dwelling. as provided in section 6034(b):
(C) Any perscn who occupied the property for the p.1t]Xlse of obtaining
relocation benefits and assista.nce;
(D) Any person who is an occupant of a "Qualified affordable housing
preservation project" ill1d all requirements of Government Cede section
726O(cX3) or section 7262.5 are met: or
(E) A.ny person occupying private property (not otherv.rise entitled to
relocation benefits as a result of an acquisition. rehabilit..a.tion ordemoli-
lion program) who is required to move as a result of the displacing
agency's routine enfo~ement ofbuilding.bousiDg orhealtb codes unless
the cede enforc:emem is undertaken for the purpose of causing displace.
ment in cooniinatioo with an identified rebabilitation. construction. or
demolition progr.un or project.
(F) A person wbo is not required lo move permanently or lemp::>rarily
as a result of t.he project as long as they .u:e notified they are nct required
to move and the project dces not impose an unreasonable change in the
character or use of the property.
(G) An owner-xcupan! who moves as a result of an acquisition meet.
ing the requirements of Government Cede section 7277.
(g) Dwelling, The place of pennanent or customary and usual abcde
of a perscn. including a single-family dwelling. a single-family unit in
a two-family dwelling. multi-family or multipurpose dwelling. a unit of
a condominium or cooperative housing project. anonhous.ekeeping unit.
a mobilehome. a recreational vehicle as described in Health and Safety
Code Secticn 18010. or any other residential unit which either is consid~
ereel lo be real property under Slate law or cannot be moved without sub~
stantial damage or 1.IDreasonable cost. A residence need nct be decent.
safe and sanitary to be a dwelling.
A second home shall be considered to be a dwelling only for the p.1r~
pose of establishing eligibility for payment for moving and related ex-
penses (as provided in section 6090).
!8F-/O 7-t3
Page 262
R~liOlcr <no i'/q. 33: S-1S-97
Tit~~ ~:
De?:Jr:Tnem ofEou~iI1..2 and Community Deve!opment P:-Q<,!T":Jrr:s
~ 61) 12
(~': E;:cr...::c..ic R~:::. T:,~ :U:::CU:1r cr :-e::r 1 te::lI'.t or :.cr::~O\l,~er '.1,'CU:C
bJSe:0 .:J.y (cr J. c',":e:.E.::J.g: ~i.r::.:u.Iu:o li::~ J.cqui:ec dw~iE:::~ in .l,:oCJPJ.r.l-
bie 1~J..
(:) Ece:-iy Ho'use:;,cld. A hcuseholc ill whic:" mt' b~:lC cihcuschold cr
s[Xt.:s~ is 6: ye.:L."S cr elder.
(j) F:1..:::.ily. T....ocr:c.cre individuals .....ho bybiocd. xa..-::J.ge. Jcopticr..
or :::::n.:.t"...l.:1l ccnse::H live togemer.ls a f.lmily unit.
(k) FlIW O~r.:l.ticn. .~y Jctiviryccccucted solely or pr...::nJriJy fonce
prce.:.:c:icn of cae cr.:ncre 19r.culrunl prcducts crcornmcdities. induc-
ing ti=ber. for sale or home use. and customarily proo:.!cing such prce-
ucts cr cOmr::J.ooities in sufficient quantity to be capacle of contributing
materially to the operltor's suppon.
(l) Gress lccome. Gress income means the {Ow a..n.n.ua! income of.1!:l
mClvic.ual. orwbere a faoi.ly is displaced total annual incoc:J.e of the pa:.
e.::J.ts cr adult heads of household. less the following:
(1) A deduction or S5CO for each dependent in excess of three.
(2) A deduction ofre:J. percent (10%) of total inccrne for an elderly er
har.dicl~ped household.
(3) A deducticn for recuITJ1g. extraordinary medic:!..! expenses. ce-
fmed for this purpose tomean medical expenses in excess of three ~rcen.t
of tot.1.l income. wbere net com~nsated for or covered by insurance or
other sources. such as public assistance or tor:. recove:::.
(4) A deduction ofreascnable amcunts paid fortbe c~ of children or
sick or incapacitated [ami..ly members when determined to be necessar:;
to e:::Jplo:1nent of the head or spouse. except that the amount deducted
shall not e:tceed the J..Count of income received by the person thus re-
leasec!.
Gress incornt' is divided by twelve to ascert.1in the average monL11y
incon:e. Relocation and prop.my acquisition pa)oTI1ents.J.re not to be con-
side;ec as income fer the determination of financiJ..! rr:e:ms.
(m) H.l11dic.:lppcd Household. A household in which any membe:- is
hJ.Ddicapp:d or disabled.
(0.) InitiatiCll of Negctiations. The iniual written offermJdc by the ac-
quiring entity to the owner of rcJ..! propeny to be pun:hased. or the own.
er's representative.
(0) Manufaclured Home or Mobilehome. A strucrurt" described in
Heal!.h and Safety Cede sections 18007 and 18008.
(p) Mortgage. Such classes of liens as Jl1.' commonly given to secure
advances on. orthe unpaid purchase price of. real property. together with
tht' crt.'dit instrument.~. if .:lIly. .~ecurt'd thereby.
(l-!) Ownership. Holding any of the following intcresLs in a dwelling.
or. a contract to purcha.se ant' of the Erst six interests:
(I) A fee title.
(2) A life estate.
(3) A SO-yeor leJ.Se.
(4) A I"ose wi!.h at lea.st 20 YCJ.rs to run from !.he dJ.te of acquisition of
the propt'rty.
(5) A proprieLlry interest in a. cooperative housing project which in-
cludes lht' right to occupy a dwelling.
(6) A proprietary interest in a mobilehome,
(7) A leasehold inlerest with an option to p..m:hasc.
In tht> cas(? of one who has succeeded to any of the foregoing interests
by devis". bequest. inheritanc(? or operation of law. the tenun" of owner-
ship. but not occu pancy. of the succeeding owner shall include the tenure
of the preceding owner.
(r) Person. Any individual. family. partnership. corporation. limited li-
ability corporation or association.
(s) Public Entity. Includes the state. the Regents of thl." University of
California. a county. city. city and county. district. public authority. pub-
lic agency. and any other political subdivision orpublic corporation in !.he
state when acquiring real property. orany interest therein. or ordering that
aC4uired property be vacaled. in any city or county for public use.
(t) Public Use. A USf." for which prop."rty may be acquired by eminent
domain.
(u) Te:J.1!::' A Der5cn who re::lts cris cl...1e-:-;,'is(' ~ ~a""':\,:: ~':~s<O'ssicn or
a. dwei.li..nz. :.cc!t.:'di.r:~ .1 sleepi.::J.g rccr=. wJ.icJ. is o<.1,::ed b:.' J.r.CLle:.
- -
(v) Cclawiu! Oc.:upa.ccy. A p::'r5cn is cClJ.s;.:ered:o De:...'1 ":..:i'.;.lwfu[ 0<:-
C~;;ancy if the j:er'Scn has been orCt':1:C to :::0Ve by.l cour:..:i com~~e:lt
jurisdicticn crif~e person's te::J..J.nc':.,rha.s be~~ lawiully te::::ir:ated bvtbe
OWner [or.:ausf'. the ten.lI1t bJ..S vacJ.ted!.be ;:;re::nises. and d:e :e~~ticn
was not ur:.ce:u.."e:J. forme purpose of eva.e.ing :-el(;Caticn .1Ss:Si..1.O.ce \Joij.
gations.
NOTE: Authcmyc:ted; Section 50.160. Health lr.d Safety Code. R~:'~:-:nc~: Sec.
(lOllS i26C{bl. (c)(:)(.-\). (Il( 1) md i:77. Gcv~"."~-:~:1t Cod::,: S~c::.cn 17CCO. Cor-
porJ.tions C::x:!~; J.r.d Sec:.ions 13007. I Se08. 1 ~O I 0 md 5CC9.3. E::::::..'1 md S.:1.i~ty
Cc<k
HISTOR.Y
1. Amendm<:m ofsecticn and new :-"OTE fLied S-11-9'7; op:::;:J.uve 9--11-9i (R~2'
ister 9'7.~c. 33). -
16010. Prior Determinations.
(a) Displace:r.ent. No public entity may prcreed with ;L'lY phase of a
project or ether activity which will result in the disFlaceme::t of any per-
sen. business or farm until it makes the following cete:mi::.ations:
(1) Fair ac.d reascnabJe relcc:lt.icn payrr:e::Hs will be prov:ced to eli'2i-
ble persons as required by Anic!e 3 of tht' Guicelines. ~
(2) A re:ocation assistance prog..'-:L.'7l offe::ng the services c.esctibed in
Article :2 of !.he Guidelines will be estJ.blisced.
(3) Eligble ~rsons will be adequately infoIiJled of !be assist.u:.ce.
benefits. p:lic:es. pr:lctices and prcx:edures. including gr.evance proce-
dures. provided for in these Guidelines.
(4) Based upcn recent sur.,rey and analysis of bo!.h the hccsing needs
of persons "l,:ho will be displac('d and available replace'me~t :'ousing 3lld
considering com~ting demands for thJ.t heusing. campanble repl.:u:e-
ment dwellings will be avai1J.bie. or provided. if necess.lry. wi!.hin a rea-
sonable pe:ied of time prior to disp!J.cerr.en! sufficient in r.umber. size
and cost for thf." e!igiblt' perscns who requiI1' them.
(5) Adequate provisions hJ.ve been made to provide oreeriy. timely.
.lI1d efficient relocation of eligible pcrscns to comparable replacement
housing available wi !.h0ll t n:gard to race. color. religion. sex. mariLal sta-
tus. or national origin with mi..'limum hJ.rd.ship to tha;e affec:ed.
(6) A relocation pLm meeting the n:quirements of section 6Q38 has
been prepared.
(b) Acquisition. No public entity may prcceed with any ~:lse oraproj.
ect orany othf."ractivitywhich will result in the acquisition oireal proper-
[yumil itde!{'rmines that with respect [0 such acquisition ar:d lothe great-
est extent practicable.
(I) Adequall.' provisions ha.ve been maeI;' to be guided b;; the provi-
sions of Anicle 6 of the Guidelines. and
(2) Eligible persons will be informed of the pertinent be::efits. policies
and requirements of the Guidf."lines.
HISTOR.Y
I. Am~ndment of subsection (b) fikd I ]-5-76 as an ~m~rg.~ncy; desig.nated <O'f-
f~ctive' 11-27-76 (RegIster 76. i'o. 44).
2. C~"ifjc:l.le ofComplianc~ fjl~d 2-16-77 (Register 77. No.8).
16012. Citizen Participation.
(a.) All pt'rscns who will be displaced. neighborhocd grcups and any
relocJ.ticn committee shall be given an opportunity andshould neencour-
aged fully and meaningfully to participate in reviewing the relocation
plan and nll.'"Ililoring the relocauon assistance program. .
(b) \Vhen a substantial number of pe~ons will be displaced from theIr
dwellings the public entity shall encourage the residents andcomm~nity
organizations in the displacement area 10 foml a relocation ccrn.IJ1.I!lee.
The committee shall include. when applicable. residential ownercccu.
pants. rt"sidentiaJ tenants. business people. and members of e.'tisting orga-
nizations within the area. In lieu of initiating a new precess of citizen par.
ticipation. public entities which have conducted or are ccnducting a
citiz.en participatioo process as pan of an e:tisting development pro~m
may substitute such process ifil satisfies the requirements oflhis sectIon.
8F-ICJ8-~
Page 263
R.:Jjl\cr9~.."'o. 33; 8-1~97
~ 6,)1-1
B.-\RCL\.YS CALfFOR.'-H CODE OF lliGlLATIO:-;S
Tice 2.3
I.- :l subt~tiJl D.u::nbe: of pe:-scns will r.Q[ be c.:.spi~ed. frcr::::l :l:e:.:
d.....e:!..i:.~. tl::.e p..:.biic ent.:r:; shall at least consult wit.b anc cCtJi.:.:l::e ad~
vic~ oi :eside::ts lCd CC1L:Ilun.ity orgmiZJ.tiol:lS and mJ.ke the reloclt:cn
pi.m a....J.ii:l.bie to S'''':CJ. pe::scns md org.:mil.:ltions pricno 5U':lrr:..iU.i.:1g:t 10
ti:::.e legislative bcdy fer approvJl. (See section 6038.)
(c) A( J minimum the displacing entity sball guarmtee:.he following:
(1) Ticely and full access to all dccuo:ents relevJ.nt to the relocation
j:rcgr:un. A pubiic e:nity may reasonably restric: access to material
where its confidentiality is protected by law or its disclosure is prollibited
bylaw.
. T.Je disclacing entirv shall ensure that the infOr:IlJticn in dcc~::t.e::lts
the ::rrovisi.on of ;'hich ';"ould result in disclosure oime ide:::.tiry of el.izibie
~~ons is provided in a manner designed. to avoid such dis.::losure. TOis
cbiiz.1ucn to avoid ir.:1Drcce:disclosure shall not affect the rizht cftbe
pe:s~n to which tb.e inio~t.ion relates (or any orne: ~r-:;cc a~thorized
in writing by sucn pe:son) to inspect such dccuments.
(2) Toe provisicn of technical assis~ce necessary to interpret e!e-
rr.e:J.ts of the relc<:aucn plan and other peninent m31e:i.:1ls.
(3) Toe right to submit written or oral comments and cbjecucns. in-
cluding the right to submit written comments on the relC<:.1uon plan and
to have these comments at!:lChed to the plan when it is forv.r.1rdec to the
lccallegislative bedy or tl::e heo.d of the state agency for approval.
(..t) Prompt. wrir:ten response to any wriae:J. objections crcriucisms.
. 6014. Prerequisite to Displacement.
No lXI'Son shall be displaced until the public entity has fulfIlled tl::e ob-
lig.1ticns imposed ~y the Act and Guidelines.
.6016. Remedies.
(a) lithe public entity has not fulfllled or is not substJ,ntial.ly fulfilling
its re!c<:ation respcnsibilities. it shall cease displace::nent until such time
as its responsibilities are fulfllled. When appropriate project implemen-
tation shall be suspended or terminated.
(b) Eligible perscns wbo move without offers of assistJ.I::.ce and bene-
fits. after the public entity was required to offer assistJl1ce or benefits,
shill be provided such assistance and payments and. when appropriate.
compensation for additional costs incurred. The displacing entity shall
make every effort to identify and lccate such persons.
(c) A public entity may pay a complainmt's attorney's fees and costs
ar.d is encouraged to consider doing so when a complainant institutes a
successful administrative appeal or judicial action.
(d) The enumer::J.tion of remedies in this section is not intended to dis-
courage or preclude the use of other remedies coosistent with the intent
of the Act and Guidelines. Rathera public entity is encouraged toconsid.
er and adopt Olber remedies.
.6018. Priority of Federal Law.
If a public entity undenakes a project with federal financial assistance
ar.d consequently must provide relccation assistance and benefits as re-
quired by federal law. the provisions of the Act and Guidelines shall not
apply: but if.:lI1 obligation to provide relocation assistJl1ce and be:1efits
is not imposed by federal law the provisions of the Acl and Guidelines
shall apply.
~ 6020. Severability.
If any provision of the Guidelines or the application thereof is held in-
valid. such invalidity shall nol affect other provisic:ns or applications of
the Guidelines which can be giveneffeet withoot the invalid provision or
application. and to this end the provisions of the Guidelines are severable.
Article 2. Relocation Assistance Advi&Jf)'
Program and Assurance of Comparable
Replacemenf'Housing
. 6030. purpose.
The purpJse of this pa:: is to set forch require:;:ents with res~ct to the
developmenlaI:.d imple=e:u.uion of a relccaticn assistance advisory pro-
gram for the provision of sp:cified services ar.d to prescriCe the obliga-
tion of apubiic e~ti{ync{ todisplace orC.1llse me displacement oimy per-
son from his dwelling witbcut adequate notice a.cd unless cOI>lparable
replacement hcusing is av:Ulabie.
. 6032. Relocation Assistance Advisor;' Program.
Public en.tities sbill develoo and imolement a relocation assistance ad-
visorj program which satisfies the ~uiren:.e:lts of this article and of
Title Vl of the Civil Rights Act of 1%4. Title 'lm oithe Civil Rights Act
oi 1%8. the Unrub Civil Rights Act. the Ru",ioffi Act and applicable
state and federal anti~scrimination laws. Suc~ p'ogram shall be admin-
istered so as [0 provide advisory services which offer ma.i.imum assis-
tance to minimize the bardsbip of displace",e"t and to ellSure that (a) all
pe~ons displ.1ced from their dwellings are relcc31ed into hcming meet-
ing the criteria for comparable replacement bcusing. and (b) all J:ersons
displaced from the~ places cf business or fa.":Il operaticns are assisted in
reestablishing with a mi.ni~um of delay and less of earnings.
NOTI:; Authority cited: Section 50460, Hes.lth ar.d S.t.fery Code. Refe~ce: &c-
110n 7261. Governrnenl Cede.
HISTORY
1. Amendment of s.o:ct.Jcn and new SOTE flh:d 8-1:2-97; opc=rative9-11-97 (Reg-
ister97. 1':0. 33).
.6034. Eligibility.
(a) Relcc:nicn assistance and benefits shall be available to:
(1) Any person who occupies property frem which he will be dis-
plJCed.
(2) Ivly person who will move from real property or will move his per.
sanal property from real property, because be will be displaced from oili-
er real property on which be conducts a business or farm operation.
(3) Any person who moves from real property as a result of its acquisi.
tioa by a public entity whether the move is voluntary or i.u.voluntary.
(4) Ivly person who. following the initiation of negotiations by a pub.
lic entilY. moves as the result of 1..11(' pending acquisition.
(5) Any person who moves as the result of pending acquisition. reha-
bilitation orde:nolition by.1 public entity either following recei~ of a No-
tice of Inlent to Displace (see section 6086) or as a result of inducement
or encouragement by the public entity.
(bX 1) Post-acquisition tenants. those who lawfully cccupy property
only after a public entity acquires it. orwbolawfully occupy property af.
ter the private acquisition of property by a perscn with a written agree-
ment with a plblic entity for the plrpose offmancing the plrchase orde-
velopment of the propeny. are not eligible for assistance and benefits
other than advisory assistance to the extent determined by the displacing
agency.
A public entity shall inform post-acquisition tenants regarding the
pro-jected date of displacement and. pericdically. should inform po5t-
acquisition tenants of any changes in this projection.
(2) 'Nhen the displacement of a post-acquisition tenant causes abard.
ship forthat person because of a critical housing shortage, age.bandicap,
infirmity, lack of financial means or other circumstance, the displacing
entity shall provide relocation advisory assistance and. may in its discre.
tion, provide cther financial rela:atic:n benefits. In such hardship sima.
tions a plb!ic entity is encooraged to provide advisory assistance and
payment for moving expenses.
.j3F-I09-,B
Page 264
Ilcliacr 97, No. 3>. !-15-97
T:t!~ ~=
Department of Eousir~ and Community De""e~oprr:ent Pi0';2:rams
i .s,>-:<)
(:"j \....-De~ J.pubi.ic ~::t:t:;. cr;:rc~:-::" it QW!:S. is :n3..c:;J.cus:...:.g J.';J.:..:-
:l.cle a:. J. pe:-:::::;.me:J.t cJ.Sis. J. pcst-J.cquisiticn :.e:J.::u::.t wi:::c mc\-es lS tte
res:..:ll of J. w::r:e:l cr.:e:-:':c::iJ. r..l::.e ?ubiic e:J.tityto vacate is e!i:;ibie :-cr~lo-
c.llicn .1Ssis:.:u:.ce J.Cc ~:.efi[s if d:e Greer to VJCJte is :-elated to.1 ;l.m to
c.e=.c1isb.. re~abilit.:lte or c~ange the use of suc~ units.
~OTI:; Aut..icmy cited: Sec:icn 50.160, H~:llth and Safer:1 Code. Rete:-=:-:c~: ~c.
ucr: i:60(c). Gove:-:-.r.:e::.t C::d.::.
HISTORY
1. A.!ne~~:r.~~: ~~ sec::cn Jr.d :-Jew ~.OTE filed S-12-9i; ~:-::J.t:ve 9-11-9i (Reg-
Is:er9/ ~o. .;i_').
~ 6036. Rehabilitation and Demolition.
Ii J. p...1buc entiryl;!;.ce:---.J.kes a rebabilitaticn ordemclitiClJ. propm ar:G
as a :-esult a pe~on or business is displaced from privately o\\"'Qed prope~-
ty, the public entity shall provide assistance and benefits. If a Ftr'Son cr
business is displaced by such an undertaking from prope~ ac::;uired by
a public e:::.tity, the ploiic entity shall provide assistance and eenefits.
~OTE: Authoriry cited: S~c..icn 50J..60. H~a1th md Safery Ccd~. Refe:~~ce:: ~c.
tien 7:60(c) , Gove:TIlTI~;.! Cede:.
HtSTORY
I. Ame:ndme:1t of secticn ::e:.:ldim: and secticn u:d ne:w ~OTE flIed 8-12-97; 00-
e:-::J.l.IV~ 9-11-97 (Re:;:s:.::- 97. \~o. 33). .
~ 6038. Relocation Plan.
(.1) As socn as possible foUowing the initiJ.tian of negctiaucns a..cd
prier to proceeding with any phase of a project or other J.Ctivir:.,r that will
result in displaceme::J.t l public entiryshall prepare a Reloc.:nion PLm and
submit it fer aFPfovl.! to the loca11egislative bcdy. orin the case of .1 st.:ltc
agency, the bCJ.d of the agec.cy. Vvben the public entity's acticn will only
result in an insignificant amount ofnen-residential dispbce::nc:J.[ crresi-
dcntial dispbcerne::n w:Jl not e.lceed 15 households. a displac:.ng entity
shall proviec benefits as required by these Guidelines ar:d Slate RelocJ.
tien LJW witbout compliance with this section.
(b) A Reiocation Plan sball include the following:
(I) A diagramm::l.lic sketch of the project area.
(2) Projected dates of displacement.
(3) A written analysis of the aggregate relccationneeds of ill persons
to be displaced (as required by sectioo 6048) and a detailed e.lplanation
as to how these needs are to be meL
(4) A written analysis of relocation housing resources (as required by
section 6052).
(5) A detailed desc:"iption of the relocation advisory services program.
including specific prccedures for locating and referring eligible persons
to comparable replacement housing.
(6) A description cf the relocation payments to be made (pursuant to
Article 3) and a plar. fer disbursement.
(7) A cost estimate for carrying out the plan and ic.entificatioo of the
$GUrce of the necessary funds.
(8) A detailed plan by which any last resort hcusing (as described in
section 6054 and Artic:e 4) is to be built and rmanced.
(9) A standard icf cr::::!.ation statement to be sent to all persons to be dis.
placed (as required by section 6046).
(10) TemPJrar:' re:ocJtion plans. if any.
(11) A description of relcc:lt.ion office operation procedures.
(12) Plans for citizen participation.
(13) An enumeraticn of the coordination activities undertaken (pur-
suant to section 6052).
(14) The comments of the relccalion committee, if any (pursuant to
section 60 12).
(IS) A written determination by the public entity that tbe necessary reo
SC\lrces will be available as required,
(c)A Plan prepared by a lcx::aJ public entity shall be ccnsistent with the
lccal housing element.
(d) In the event of delay of more than one year in the implementation
of the relocation prog.'"Jm, the plan shall be upd.ated prior to implementa-
tion of that prograrr:..
(<.")( 1 ) C8::i~s cf:.b~ ;::LJ.."1 5h.J11 be :iuCJ:1i(:~d :.cr:"e'.-:e'.\; :0 '"'':.~ :".:':cc.n:cr:
ccr::.Q..ittee :0 days Ff.cr (Q submissico [0 :..l::~ k--ca.:. :e:;,:s;Juve Gee:; Or
ot:J..C. ci 5::.:l:e l;e:::.c:.. ior approval. C0pie$ si":Jil be JvJ.i!J.bie 1O ti::e Pl'OUC
uem ~cue$;.
. (2) C~::.e:-J..l nct:ce of the pian sri;.rl be pTovided. l'ictice shall be de-
signed to :eac~ lZe cc;:upants of the prope:t:.;: it shall be in lCCor6nce
witb. t.b.e ;;rcvisicns oi pa.r:J.ppc 600.!.61,:l.X3) ar:.d subsec:.icn 6046(b); a.r.d
it shall be prvvided 30 days prior [0 submission to'the lcc.:U legislative
bedy or head of S::.:lte age::J.cy for aF!JfOva!.
(0 Any dispiJced person or interested orgmizaticn may petiticn the
depar..ment to re',iew the relcx:aricn plan required to be subr::1irred by the
displacing age:::cy. The depar:me::J.r sball review the plan in accord.a.nce
with the :ir:::.e constraints and the prccedures establisb.ed in A..'1icle 5.
NOTE: Authoriry cited: Section 50460. H~:l..!t.h and Safety CoC.::. Re::"~:e;.ce::~_
tions i26J.5 and i261. Government Cod~.
HISTORY
I. Ame:1dme::J.t of subsection (c) fIled 1-28-77 as prccedur:li.mc:l orpniz.:lticnJl:
effe:c:.iv~ upcn filir.g (Register 77. ~o. 5).
1. Am~ndme:1t of subs~ctions (:l) and (c}-{~)( 1). new subs.ecticn (n and ne'.\"
i\OTE fJ.!ed S-12-91; o~r.:ltive 9-11-97 (R~g.ister n. :--;0.33).
~ 6040. Minimum Requirements of Relocation Assistance
Advisory Program.
(a) Each re:CX:Jticn assis::ance advisory program undertaken pursU3.D.t
to tb..is r..."'ticle sball include. at a minimum. such measures. facilities or
ser,rices as may be necessary or appropriate in order to:
(1) Fully inform. eligible pe:-sons under this Article within ffi days fol-
. lowing the initia:.icn of negotialiocs but not later tba:1-the-clcse of esc:ow
oc the prope:o.y, fOf a parcel as to the availability of relocation be:::.efits
a.."1d assisL.J..'1ce ar:d the eligibility requirements the~for, as well as the
prcx:edurcs for oowining such benefits and Jssistance, in accordance with
the require:r.er.ts of section 6046. For projects by private panies with an
agreemem with a public entity. the "initiation of negotiations" shall be
the lateroflhe date of acquisition orthe date of the written agreement be.
tween the private entity and the plblic entity for purposes of acquiring
or developing the property for the project.
(2) Determine the extent of the need of each such eligible person for
relocatioo assistance in accordmce with the requirements of secticn
6043.
(3) Assure eligible -p:'rsons thJ.t within a rco.sonable pericd of time
prior to displ.1cernent there will be avai!J.ble comparable replacement
housing. meeting the criteria described in section 6OO8(c), sufficient in
number and kind for and available to such eligible persons.
(4) Provide current and continuing information 00 the availability,
prices_ and rentals of comparable sales and rental hoosing. and of compa-
rable ccmme:-cial properties and loco.ticns, and as to security deposits.
closing costs. typical down payments. interest rates, and terms for resi.
dential property in the area.
(5) Assist eJ.Ch eligible pe~cn to complete applicatioos for payments
and benefits. '
(6) Assist each eligible. displaced person to obtain and move to acom-
parable replacement dwelling.
Only adequJte inspection will insure thJt a particular unit meets this
standard_If a displaced person occupies a unit to which be is referred by
the plblic entity and the unit does not satisfy the compar::lble replaceme.nt
dwelling standard. the public entity has not. fulfilled its cbligation to asSIst
the displaced perscn to obtain such a dwelling. Whenever this cccurs the
public entity shall offertolccate such adwellingforthe displaced perscn
and to pay again all moving and related expenses. If the displaced persco
chooses not to move from the unit that he occupied following refer:al. the
public entity shall not assert that he is ineligible to receive relocatlOD as-
sistance and benefits on the basis ofrhae unit's failure to satisfy the com-
parable replacement dwelling standard.
(7) Assist each eligible ~rson displaced from his business or farm op-
eration in obtaining and becoming established in a suitable replacement
lccatim.
,&c-/IO -,8
Page 265
Rcliu..t97.~o.));S-I5-97
* 6~:
BARClAYS c....UFOR.'.U CODE OF REGlLATlO\S
Title ::
(3) p:-ov"ice l.Cy se:vices required to insure that the :elcc~ticn pr:x:ess
aces nct resu:t in d.:ffere::.t crsepa....""J.te treJl:r;e::1t on ac.::cunt of race. cclar.
reiipcn. n.lUccJ.! crigin. se~. marital status. familial starus. or my basis
p~teC~c. b:. stJ!~ Cf feCe:':ll mu-discriminaticn laws. or J..OY otbe:, arbi.
lrJ.!"". c:rcumstJ.C.ces.
6n Sup~ly to suc::' eligible persons information c cnce:::ll.ng federal and
state bct:sing prog!:mlS. disasterloan and other progrJ.CJ.s administered
bv the Small Business Administr:l.tion. and other feder3.1 or st.:l.t.e pro-
~. offer.ng assistance to displaced persons.
(10) Provide other advisory assistance ta eligible perscns in oreeno
m.i.nimize their hardships. It is recommended thar. as needed. such assis-
tlr.ce include counseling and referrals with regard ta bcusing. fInancing.
e::::J.c1ovment. trainin!!. health and welfare. as well as ether assist:l..Cce.
(.11) Ini= all F<~"ons who are eXF<cted to be displaced .abC\lt the
eviction fXllicies to be pursued in carrying out the project. which policies
sball be in accord.:mce with the provisions of secticn 5058.
(h) Relccation Office.
\\l1en a substantial number of persons will be displaced and the reloca-
tien surfs office is not e:lSily accessible to these persons. a displacing
entity is encour:lged to establish at least one appropriately equip~d site
office which is accessible to all the area residents who may be displaced
and is staffed with trained or e:q:::erienced relccaticn personnel. Office
balm should be scheduled to accommodate persons unable to visit the of-
fice during normal business bours.
(c) Each displacing entity shall establish and maintain a formal g:iev-
ar:ce prccedure for use by displaced persons seeking ad.ministr:ltive reo
view of me entiry's determinaticns. The prccedure shall be in accordance
wi!.h !.he requireme:ns of Article 5.
NoTE.; Aut.iocity cited: S<:euon 50460. Health and Safety Ccd::. Referenc:: 5<:c.
liens 1260.5 and 7261. Government Code.
HISTORY
I. Amendment of subrections (a)(ll and (a)(8) 3Ild new :-';OTE filed 8-12-97; op-
er:llive 9-1I-97 (R::gisler 97. No. 33).
~ 6042. Replacement Housing Prior to Displacement;
Notices to Displaced Persons.
(a) No eligible person shall be required tamove from his dwelling un-
less within a reasonable pericd of time prior to displacement comparable
replacement dwellings (as dermed in subsection 6OO8(c)) or. in the case
of a iemp:mlI)' move (as defined in section 6044). adequJte rep!Jcemcnt
dwellings (as dermed in subsection (b) below) are available to such per.
sen.
(b) The criteria for adequate replacement dwellings are in all res~cts
identical to those for comparable replacement dwellings. except that an
adequate replacement dwelling. with respect to the number of rooms.
habitable livingspace and type of ccnstruction. need be only adequate nO(
companble.
(c) Reasonable Offer of Replacement Hoosing.
Toe requiremenlS of this section shall be deemed to bave been satisfied
if a perscn is offered and refuses without justification reasonable choices
of specifically identified compar.lble replacement dwellings which fully
satisfy the criteria set forth in the Guidelines. The offers shall be in writ-
ing. in a language understocd by the displaced person. The number of of~
fers determined to be reasonable should be nat less than three.
(d) Notice.
No eligible person occupying property shall be required ta move from
a dwelling or ta move a business or fann operation. without at least 90
days written notice from the public entity requiring the displacements.
Public entities shall notify eacb individual tenant to be displaced as well
as each owner~cupant. (1bese requirements are in addition to those
ccntained in sections 6040 and 6046.)
(e) Waiver.
The requirement in subsection (a) above may be waived only when im-
mediate pc5sessioo of real property is of crucial importance and by rn.e
of the following circumstances:
(1) \\-"be:l disc13ce=e:.t is :.ecessitated bv J. :r:ajcr osas:e:- J.S Ce!l.r.ec.
in Sccticn 101(2) or' the H~ MitigJ.tic~ ar:.d Re!ccJ.Iicn A5Sis~ce
Act of 1993 (42 USe. 5 i2i) J.D.c,;'or the Califcrna Nawral DisJ.S:e: As-
sistance Act. .
(2) During periods ci declJ...~ natiooal cr state eme:ge:.cy.
NoTE.; Authoncy cited: Se:::.ion '::0.:60. He:1lth md SJiecy Cede. Refer:=:-:c::: ~c.
Uons 7260.5. 7~1 JJld i::6.U. Government Cooe.
HISTORY
1. Amendment of SUbs.eC~lcns (a.l a.r.d (e)(l) a.nd new SaTE flloo ~12-9-:; op:n.
tive 9-11-97 (Regjs~:- 97. :\0. 33).
I 6044. Temporary Move.
(a) General.
(1) A public entity shall be required to mini.mi.ze to the greatest extent
feasible the use of temporary re!c:x:aticn resources (as dermed in secticn
6042) but.. when a project plan anticipa(es moves back into ccmpleted
project accom...modaticns. te:::np:Jrary rellXation resoorces ma.y be used.
at the displaced person's election for a limited pericd. of time.
(2) Temporary relccation does not diminish the responsibility of the
pubic entity to provide relocation assist.J.I:.ce. services and benefits de-
signed to achieve permanent relccation of displaced persons into compa-
rable replacement dwellings.
(h) Requirements.
(1) Temporary replacement housing may nct be relied upon if compa.
rable replacemen( housing will nct be available ta the displaced persrn
within 12 months of the date of the temporary move.
(2) Prior to the move. the public entiry shall have determined and have
provided wrinen assurance to each displaced persoo that:.
(A) Comparable repla.cement housing will be made av:u1able at the
earliest pcssible time but in any event no later than 12 months from the
date of the move to temporary housing. Temporarily housed pe:-SCD.S may
agree toextend the 12 mcnth limitation but. if they do not. the public enti-
tyshallensure lhatcompara.ble replacement dwellings are available with.
in the 12 month pericrl.
(B) Comparable replacement housing will be made available. on a
priority basis. to the individual or family who bas been temporarily re-
housed.
(C) The move to temporary housing will Dot affect a claimant's eligi.
bility for a replacement housing payment nor deprive him of the same
choice of replacementboosing units that would have been made available
had the temporary move nO( been made and the costs of a tempora..-y move
will not be considered as all or a pan of the rclccatirn. payments to which
a displaced person is entitled.
(D) If a project plan anticipates maves back inta replJcement housing
accommodations in the project or program area. the persoo wbo has been
temporarily displaced will be given priority opportunity to obtain such
housing accommodations.
(E) The public entity will pay all costs in connectirn. with the move to
temporary housing. including increased housing CQits.
~ 6046. Informatlonsl Program. '
(a) Basic Requirements.
The displacing entity shall establish and maintain an information pro-
gram that provides for the following:
(1) Prepar.ltion and distribution of informatioo.al material as early as
practicable. to each lXcupant of the property. This material shall be dis.
tributed within 60 days following the initiaticn ofnegotiaticns (see para.
graph 6040(a)(1)) and not less than 90 days in advance of displacement
except for those situations described in subsection 6042(e). Vf'here ap-
propriate. separate informational statements shall be prepared for resi.
dential and for non-residential o:cupants.
(2) Conducting persoo.al interviews and m..amtaining ~rs:onal contacts
with occupants of the' property to the maximum extent practicable.
(3) Utilizing meetings. newsletters. and other mechanisms. including
lccal media available to all F<rsons.forkeeping cccupants of the prof<rt)'
informed on acontinuing basis. The criterion forselecting among various
a1tematives shall be the likelihood of actually communicating in[onIlll.
Page 266
,t3F -111-18
RCJjao:r77. No. n: !-15-91
Tee ;'5
D~pJr:;r.e:1t or Hous;:;.:z 3:1d Community :Ci:ve~opf71e:1t P:-~r:ll71s
~ :)1:-:':
,:cn:o 5:':C:" ~e:-:;cn.>. L:-;l: pcbi:cltic!:s.le;::J.i.J.Cs:':: :cc.i :e.....'i;:a~e::; d
...:e:-.e:-..:.i .:::.:::.:!J(:c:::J. J..::C Si..:::::iLlI c::e:15 wb;c~ u::.a:: gs L:..::.:::.c(;ced J....~
cee:::cc. :0 be :.r.~e~t:.1:e.
(0) LJ..::~J.::;e. Ic.:cr::.Jticoli iL.1te::JJ. sl:eulc. ~ Fre~ared U: tl:e br.-
::'Ja:.::e(s 1 ::r:cs:. eJSil... ~de::;tccd bv the rec:cie~LS. In dis~bce:::e:t l:e1S
;:;"he-:-e tl::ere a...~ si:?:ir:c.1IH ccnce;tnticns .of ~:::;cns ',l,:i::.o co ::ct ~ac..
..'..:-;te. crur:dersLU::.d E::g.:isb. fluently. t.l::e native l.mg'..lage otrl:e ~cFle
sccu!d i:e used JI;,d all i..c..for.:Ilalional IDJte::ial shculd be ;:roviced in tl::e
nJ.tive !a.:lg'..lage(s) .u:.c. E.::1g.!isb.
(cl ~lerbcx: of Delive::.. To assure receipt oftbe infor:::1aticI:.;ti mate:-:-
al. t..i::e !cc:J .J.fe:::.cy stCl1jd :L.'Tange tobave the mareri:Jeit.berb.:u:.d-:!eliv_
e~c.:e e:lCb cc::u~a:::t::f me pro~rty wiLb..1 request fer J wr;ne:J. rece::;t.
cr se:::.t by ce:-..iried u:.J.iL rerum receipt reques<.ed.
Cd) C~neral acd S;e::..r:.c Infor.natior:.. In acdition to disse::::.iJ:ating
~e:e::1l :clormation of ~e tYJ:e described in this secticn. the dispb.cinz
;ntity shall also provice e.lCh person with indivlcual. wrirte::J.nctJ:cJ.tie~
as seer:! as his etigib:iry status bas been established.
(e) Ccnte::lt of InfcClJ.tional State:nenL ArracJment A ident:..fies t.J:.e
k:.ncs of infor:nJticn required to be incluced in st.1te:r.e::1ts dist::ibutec to
cc:::J[:~[s of the prcp:-:-::y. Toe- figure lists minirr.um reql1iren:erus. Tne
dispiJ.c:.ng e:::.tity shedd include any additional infor::nation that it be.
lieves would be helpful. (See Attachment A.)
~OTE: Authorirv c:~d: S~~:;cn 50460. HeJ.!th JI1d SJi.:-r'1 Coce. R~fe~r:ce: &c-
uens i:60. 7260.5 JnC 7261. Government Cede. .
HISTORY
l. A.rr:er:drnc::ll of subsec~on (.:11(1) filed Il-5-76 JS JI1 e:TIe:-ge~.cJ'; desigr:.Jld
ef;~c:..!ve Il-27-76 (Regis~r 76. So. 4-J.).
., CeC".JtiC.:1le of Compu.lr.ce tiled 2-16-77 (Re;;is:cr 77. :-;0. 3).
.' Arr:er:drr:~nl ~f subs~c:icn (Jl(l) and new !':OTE fil.:d 8-t::-97; op.:-rJlive
9-11-97 (Regis~r 9-:. So. 33).
rxr::s J..::c ':<cc:-cc::.s. ~e :C::Cl.:.::.t c(n.:lcit1cie :iv:.:.; s::~c~.1.-:~:,..x:.:lc:cn..ll
i.1C:cr:; :.r:c>..:.::~~ ~cc.:; cL':e:-:; Fubiic util.i:.:es. FU::i;:; r:c ':~l:::::':;'::::al
fJ.C:lit:es [ :.::.:::t;cx.g :'~sFCr;..lt:on:u:c. SC::i.XlS) ane ::e:;bccr::.c-cc. ccr.c.i_
ticc.s (i.r:.c:t.:ci..:J.g ::r:.u..'1icical se;:"/icesi. Otbl:-:'":::,mer:; :'':It ccr.c~:::;. J. JCllSt.'_
held as its :r.e:::;:;.~r:; co~remciate relccaticn shculd Jlso be i.:::c:uCec.
. .
(di A wr;cre:::J. an.1.lvsis of :-e!ccltien hcusi::g .:J.eec.s sbJ.l.l :.e tn'e~:.t...."..4
It st.all be prepa...~d .in sufflc:e::lt de:..lll (0 e::.aoie ce:e:::::::J.!!J.t.i~ 'cf ~...~
availability for all pcte::ltial displaces of iCl.:sing w:':CJ r::~~s the sta.::J..
d.l..."iis se~ :"cr'"cb in lhe deCmitico of ccrc.parJ.Ci~ repl.lCe::::J.e::.t beusing. Tne
inforroaricc. cence:::J...ir.g helIle o\1,-:c.e:-sbip .1l:.C re::n.l! '.mits s::'all c; ;;ro-
vided se?3--:J.tely. Toe numbe:-ofuciLS neec.ed. sl:.:J!:e ide:i.:..;:ied by cest
fereacn size cltegory. Tne needs of elderly a::.d bJ.Lc.:.capped :ousenoids
shall be sbo',1.-:J. separately ar:.d shall incluCe infOr::J.:u:cn cn the nurr.cer
ofsuchhcusebolds re~uiriDg s~cial f.1Cilir.:es md the :J.ature cisach fui-
liries.
The state:::lent of relccaticD housing needs shall i.r:cluCe .1 descripticn
of the loc.1tional chJIJc~eristics of the dispi:lce:::ne:lt J...r-ea ne:g.:"bomoces
cor:espcnc.ing to the requi..r-eme::ns or comparable replace:::J.e::t hC\.!smg.
Informaticn shall be provided cooce:::n.ing prorimity to prese::t e::nploy_
me::.t sources. medical and recreational facilir:es. parks. cOWlnuniryceo_
[ers. shopping. tr.I.D.sportaticn and scbools.lnformaticn cor:.ce::ling pro^,-
imity to ctl:::er relevant needs and ~en.i.t.ies is esse::.tial to e::.suring that
no reside;J.[s .1I'e' incapaciLlted by the relocaticn and sucb iclcaaticn also
shculd be p:oYiced.
,6050. Failure to Conduct Timely and Effective Survey.
\Vbe;J. a survey is not cor.ducted in a timely and efiective lIlanne:-. the
public er.tity shall be obligJ.tcd to mJ...(c every efrort to locJ.te all eligible
fe~cns whohJvf! moved so that lbeirneeds can be included in the survey
and the impact on the housi11g sta:k in the community can be more acC:J~
ratel)" dc!e:-:nir.ed. The public e:::.tity shall offer such p<:rs~s all re:oc.J.-
tion ass ist..J..r.ce md be:1efits for which they otherwise qualify and. in aCdi.
tion. shall compensatc such per.>ons for all COSLS cccasioned by the
entity's failure [0 providc timely notice and offers of relocaticn assis-
tance and benefits.
,6043. Survey and Analysis of Relocation Nee<Js.
(a) (1) Rcquiremc::t. Immediately following the initiatirn oi negcti-
atiens ullc:-vicw all cligible persco.s. business concerns. including nen.
profit or~:JJ1i.zJtions. and farm operations to obL1in informaticn upcn
......hich to plan forbous:..ng and omeraccommooalions. as well as counsel-
in:; a.r:d assist;;mce needs.
(:2) Coordination with Other Agencies. Other agc:1cies may also be ~ 6052. Survey and AnalysIs of Available Relocation
conducting surveys in the area at the same time. Cooroinaticn will benec- Resources.
essarj to avoid dUP!:Clticn. and to cnsure that necessary infor.:nalicn is (a) (l) Toenable a public entity reasonably to determine lbat the requi-
available.J.t the .J.pp-opnatc lime. SUf\'eys utilized to g:ltb:rd.ataforsocial site comparable replacement dwellings will be available. the public enti-
service tdernls should be planned in coop;:ration with sa:ial service ly. within 60 days following the initiation of negotiations. shall initiate
agencies a.r.d a refe~ system should be established. a survey and analysis of available compar:lble relocation n:sout~es.
(3) Information to Perscns to Be Displaced. Tne 1a:J.l agency shall If a recent survey that provides the informaticn identified in this sec.
c::m:fully c.tplain and discuss fully with each pcrscn irHer,ricwed the pur- tion is oat available. the public entity shall cooduct a survey and analysis
pose of the sur,rey ar:d the nanu'C and e.ttent of relccat:on p.J.yments and of the housing market. If arecentsuf\'ey is available. butitdces not reflect
assistance that will be made available. All persons shall be advised and more recent. significant changes in housing market conditions. the sur.
e:J.couraged to visit the relcc.J.tion office for information and assistance. vey shall be up:iated orit shall not be relied upon.
(..t) Rela:ation Records. Based on infonnaticn obL1inedduring the sur. (2) VYnen more than 15 households will be displaced. sUf\'ey results
vey and otbersourc:es as applicable. the local agency shall prepare and shall be submitted for review to local housing. development and planning
mJintain an accurate rela:aticn. record for each person to be displ.lCed. agencie-s and shall be compared toothere.tistinginformation on housing
Tne record shall contai."1 a description of the pertinent characteristics of availability.
the' j:erscns to be dis~laced and the assistance deemed to be necessary. (3) The survey shall be up:bted at least annually.
(b) Tne- sU';"ie:; sha.l! be by direct. p:'r.>onal interview. e.v.ce'pt where [1;'- (b) Tne survey area shall be t'eJSonably related lo the displacement
pe.J.ted eHorts indicate thatis not possible. When a person cannot be inter. area and lo lbe needs and preferences of the persons to be displaced. as
viewed or the iDlerview does nOl produce the informaticn to. be obtained indicated in the written analysis prepared pursuant to section 6048. Tne
reasonable effons shall be made to obtain the information by other survey areJ shall have relevant characteristics (see subsection 6C08(c))
means. Eligible persons shculd be encouraged to bring any change in which equal ore.tceed those of the neigbbomocd from which persons are
their needs to the anentionofreJa:ation officials. The survey shall be up" to be displaced.
dated at least annually. (c) A written analysis of relocation housing resources shall be pre-
(c) A public entity shall endeavonoobta.i.n the followinginfotmation: pared in sufficient detail to enable detennination of the availability f?r
income: whether a persoo is elderly or handicapped: size of family: age all potential displacees of housing which meets the standards set forth m
of children: la:ation of job and factors limiting accessibility: area of pre- the definition of comparable replacement housing. The information con-
ferred relocation: type of unit preferred: ownership or tenant preference; ceming homeownership and rental units shall be provided separate.ly.
need for social and public services, special schools and other services: The number of units available shall be identified by cost for each SlZ:
eligibility for~blicly assisted housing: and with referencf! to the present category. Resources available- to meet the needs of elderly and handl.
dwelling. the rent. the tyt:e and quality of construction. the number of capped households shall be shewn separately and shall mclude info:rtna-
Page 267 A,c: -/ / d- - 13
'.
R.:&j'~Ig-;<,"o.));S-l~97
9 Ol):'-l
B..I.RCL\yS C.UIFOR.';1.\ CODE OF REGLL..I.TIO"S
Tit!e 2.3
tieD cn :..e.e rlu::::.ee:, of UJJ.its ',l,;~th s~ci:li iJeuities ar.d the nature ci sl.:ct!
facilities.
Toe mJ.!ysis of rescurces shall induCe J. description af the lo::uicnal
cJal":J.C:.enstic$ cime sur/ey J.reaneighborhccds ccr.espcndingto t.J:.e re-
qui..~::nents of cO'G1parable repbcemeDt housing. Ir..for:D..1tion shall be
provided ccr:.c:~g prox::ciry to present emploYlIlent srurces (witb the
censent aftbe displaced pe:'Scn a potential employermay be substio..:ted).
medical and rec:e.lticnal fac:Jities. parks. community centers. sboppng.
tr:lDSpcn;:lticn and schools. Informaticn concerning proximity to ether
relevant needs and 3.Dlenities is essential to ensuring that residents are nct
inc3.pacit:lted by the relocation and such information should also ~ pro-
vided.
(d) (1) Units which do nctsatisfythe standards of comparable repJace-
n:e::lt housing. including the !CCalional criteria. shall DC< be cotmted as a
relccation resourc:e.
(2) Uncompleted new ccnstruction or rehabilitatien shall not be in.
c1uded in the gross figure unless there is a substantiallikelihocd. that the
units will be available when needed and at haJsing or rental costs within
the fmancial means of the prospective occupants.
(3) In addition to the othe:.-requirements of this se.cticn. the gross figure
representing the Dumber of units available shall be discounted to reflect
both ccncurre::J.t displaceme:::n md the extent to which tumover is repre.
sented. Concu1.ent displace:ne:J.t by the federal government and its agen.
cies. including federally-assisted projects. as well as displa.ceme:.t by
otherp..lblic entities shall be taken intO account. Turnoveris the dynamic
ope:.-ation by which occupar.cy changes occur within a standing in ve:::l.tory
over a pericxi of time and theoretically coold occur in the complete ab-
sence of vacancies an a p::;;cn to person basis. The use of tuIDove:.- fer
reloc:l.tion is not permissible. The displacing entity shall assume that four
percent of the renul and cne percent of the ownership units which meet
the standards of comparable replacement dwellings (see section 6C08(c))
represents turnover. Tee displacing entity shall use a higher percentage
figure if such figure is mere accurate. The displacing entiry may use a
lower figure if it establishes that the lower figure is a more accurate as.
sumplion.
(4) Publicly subsidized hoosing. including public bousing. shall no' be
caJnted as a resource unless it reasonably can be established that
(A) The Wlits will be available when needed:
(B) The governmental bcxiy providing the subsidy has made. in writ.
ing. a reascnably binding commiuncnt of assistance: and
(C) The units have been inspected and determined to be decent. safe
and sanitary and the income ceilings. rent ranges and age restrictions. if
any. bave been considered.
(D)The number of units available in the communirye;\ceeds the num.
ber of households in need of the units. This requirement may be waived
by the department if the PJblic entity can establish thalsuch Wlits will be
replaced by last resort housing within two years. To establish that last reo
sort housing will be developed as required the public entiry must have site
centrol with permissive zoning. preliminary plans and conditional com.
miunents for subsidy and fmancing or the equivalent. The public entity
also must identify ownership.
(e) Uncompleted new conscructicn or rehabilitatioo which is subsi-
dized by public funds shall not be counted as a relcx:ation resource unless
the units are being subsidized to provide relccation resources.
NOTE: Authority cited: Section 50460. Health and SafelY Cod~. Reference: Sec-
tiens 7260.5 and 7261. Government Code.
HISTORY
1. Amendment of subsectioos (a) (1 ) and (a)(2l , correction ofsubsection (e) desig-
natlX'. and new NOTE rUed 8-12-97; openl.ive 9-11-1:]7 ~gisterr:n. No. 33).
~ 6054. Last Reeort Houelng.
(a) No eligible person shall be required lo move from his dwelling be.
cause of the action of a public entity unless comparable replacement
housing is available to him.
(b) If on the basis of its survey and analysis of relocation needs and re-
scurces a public entity cannot determine that comparable replacement
=.cusing will be Jva.il.lole 15 required. the public e::llity may net ;r:::c~ed
with:my pbase of a project orome:'-JC:.iviry whic3 will result in displa.ce-
tne:1t tmless it F!'ovices such hcusing. (S~e Article 4.)
(c) lfthe acticn ci a public entirybas ~su!ted oris resulungindisplace_
ment a..cdcomparabie repiaceme::n hcusingis ilctavailable J..S needed. t.l::.e
public entiry shall use its funds. or funds authorized forme pro5ect to pro-
vide such housing (see A.......Jcle ~). or sh~l terminate or suspe::J.d fur..ner
imple:nentation of tl::e project ac~iv:ty in accor6.nce with the provisions
of sectien 6018.
(d) Temporar-:.' reiocation resources may be relied upon in the interi.w
only if the provisions of section 6C04 are Sa1isfied.
~ 6056. Termination of Relocation Assistance.
A p..1blic entity's relocation obiig:ltioos ceJ.Se under the following cir-
cumstances:
(a) A displaced person moves to a ccmparable replaceme:::n dwell.ing
and receives all assisunce and payme:::ns to which he is entitled.
(b) Toe displaced persoo moves to substandard housing. refuses rea-
sonable offers of additional assist.:u::.ce in moving to a decent. safe and
sanitary replaceme:::lt dwelling and receives all payments to whicb he is
entitled.
(c) All reasonable effons to trace a person have failed.. To e:::lSure that
the action of a p.1blic e:J.tity does DO( reduce the bcusing supply in critical
categories or locaticns. unsuccessful efforts to tr.J.ce a panicular dis-
placed person shall not les5enthe obligation to provide last resort hoos-
ing. (See Article 4.)
(d)Tne business concern orfarc operation has received all assistance
and payments to which it is entitled and has been successfull-y relocated
or has ceased operaticns.
(e) A persondisplJ.ccd from his d.....elling. business or farm refuses rea-
sonable offers of assistance. pa)mcnts and companble replacement
housing.
~ 6058. Eviction.
(a) Eviction is permissible only as a last resort. It inno way affects the
eligibility of evicted displaced persons for relocation payments. Reloca-
tion records must be documentcd to renect the specific circumstances
surrounding the evictioo.
(b) Evicticn shall be undertaken only for cne or more of '..he following
reascns:
(1) Failure to pay rent. e:tcept in those cases where the failure to pay
is due to the lessor's failure to keep the premises in habitable coodition.
. is the result of harassment or retaliatory action or is the result of disconti-
nuation or substantia.! interruption of services.
(2) Performance of a dangeraJs, illegal act in the unit.
(3) Material breach of the renL1l agreement and failure to correct
breach within 30 days of notice.
(4) Maintenance of a nuisance and failure to abate within a reasonable
time following notice.
(5) Refusal to accept one of a reasonable number of offers of replace-
ment dwellings.
(6) The evicticn is ~uired by State or local law and cannot be pre-
vented by reascnable effortS on the part of the public entity.
~ 6060. Evaluation of Relocation.
(a) A public entity is encouraged toevaluate its relocation program. as-
sessing the quality and quantity of services provided as well as displacee
satisfacticn. todetennine the adequacy of program planning and to ascer-
tain whether any persons have been denied the full benefits and services
to which they are entitled. The evaluation should be based upcn an annual
or continual inspection of files and records. case interviews. and inspec-
tion of replacement hoosing and business and farm replacement locations
and discussions with local individuals or organizations familiar with re-
location issues. A wriuenevaluationshould be prepared at least annually.
(b) The mes and recOlds of displaced persOllS and property owners
shooJd be selected at random. The review should include any cases that
were identified by previous mooitoring as requiring c orrective action and
,6;:-1/3 -/3
Page 268
~,ilCcf<n.1'<o.n5-I}-97
Title 25
Departrr.ent of Eousin~ and Community ~ye!opme!1t Prtn;r::UTIS
~ 61;~q
sbeuld .lSsess ti::e p.:b~c e:::.til::'$ p-cg:-ess in l..l.<:"'"l.;,! cc!':'ec:.i....e ac:icn.
8erb. reiccJ.[icr: md J.c~uisi[;cn activities sbcclC ~ cove:ed by tl:::e re-
vie'),.'
(i) Tne re:ccJuen s;u:J.J:'ie should include cJSes in whicD. ill pa;.-1:r.e::ns
have been campie':ec.1!:d C.lSeS in wbich the ;e:scn bas been displaced
but ill paY!iJ.ents b3......e not yet been m3.Ce. Tee sa::nple sbeuld provid.e a
basis fortbe :eviewe:"wcetermine !lOl only wbetbe:paymems were cee.
puted properly ar:d maCe premptly, but also wbetbe:displaced pe:scc.s
received prc~r ucuce of the full r:mge of rele<:.:ltion .1Ssisunce md se:-
vices rowhicb they are entitled. Priority attenticn should be gi.....e::t to cases
in whicb a grievJ.nce cas bee::J. filed or the ager:cy has determined tba: a
p:~cn is ineligible for relcc.1ticn benefits.
(2) The acquisiticn sampie sbould be based cn cases in wbiclJ settle-
rne::H bas been compie~ed. However. if necessary to provide a re?reser:.ta~
tive .~ample of acquisition activities. the reviewe:shculd incluc.e incom~
plete tr::msactions in which negotiarions bave txe:J. initiated.
(c) AIterthe recorCs and fLles have been revie',.1,'ed. the reviewer should
select cases for furtbe:-evaluation through perscnal interviews with dis-
placed p:rsons and/crowners and the inspecrion of housing to which per.
sons have moved. Toe interviews J.nd housing inspections should ser,:e
beth to soot check the accuracv of me informaticn oblained in the e:tami-
naucn or the records and files"and give the reviewer a better pers~ctive
on the agency's perfor:nmce.
Toe numCer and type of cJ..Ses for wbich inter,iews and hcusing in-
specticns are to be c;rr:ied out should reflect the reviewer's judgme::J.t
based on the information be has just reviewec. Generilly. an interview
a..'1d inspection should be carried out for at leJ..St one of every five cases
fer which the rues ar.d records h.:lve been reviewed. Only where the nurn.
berof p:rsons dispiaced is less than 25 sbould the number of interviews
and inspections be less than 10. In no case should the number of inter.
views and inspections be lower than the lesser of five and the number of
pe~cns displaced. To the e:ttent possible. the interviews sboold cover a
representative cress secticn of the rypes of cases in the agency's work-
load: e.g.. relocation cases involving families of varioos sizes as wen as
individuals and business concerns (including both owners and tenants).
and acquisition tr.msactions involving residential. commercial and in.
dustrial properties.
(d) In addition to the above. the following factors are amrng those
which should be considered:
(1) The effectiveness of efforts to provide rele<:Jtion servicl.'s to dis-
placed persons. including timeliness of notice and correctness of elilPbil.
ity determinations.
(2) The satisfacticn of rele<:ated families. individuals and business
concerns in their new le<:aticns.
(3) The e.ttent 10 which self-moves to subst.mdard hcming bave been
minimized.
(4) The effectiveness of efforts to provide rele<:ation services to busi.
ness ccncerns. including counseling services and SBA loans to aid in
their reestablishment.
(5) The promptness of processing claims and the ma.king of payme:1ts.
including the amounts, delivery. and use of rele<:ation payments.
(6)The numberand magnirude of rent increases following acquisition
and displacement.
(7) The effectiveness of methods used to resolve difficulties e^peri~
enced by site occupants.
(8) The effectiveness of the public entity's grievance procedures.
(9) The e;ttent of resident involvement in planning the relocaticn pro-
gr.urt.
(10) The effwiveoess in assuring equal opF':munity fordisplaced ?,r.
scns and in reducing patterns of minority-group concentration.
(11) The effectiveness of relocation in upgrading the bousing and
overall environmental conditions of pe~ons displaced.
(12) The effectiveness of the social service program. includingcoun-
seling services. in belping residents adjust to relocation and in belping
solve individual and family problems.
(3) T::e =?1c: en these s.eg:::::::.~:m cf:1:e ~cusir::.:; :;:.r:,~: se:--ii.."':); :"~e
ir:.con:c: ~ups diss;iaced.
Article 3. Relecation Payments
l 6080. Purpose.
Toe pu...?CSe of this ...\....-tic!e ~s tose~forth r.:~ types oi. ar:.d s~::ific e!i~.
bility criteria for. relccat:cn payn:e:Hs to displaced persct:!5. Basic eE~-
bility conCiticns are se~ foro in secdeD 608"':. Sfeciiic cor:c:::cns relati;2
ro panicubr payn:::.e:ms are described in late: secucc.s. ~
l6082. Relocation Payments by Public Entity.
A pubiic entity shall ma..'<e reiccaticn pay:c.ents toorOD beb.alf of eligi.
ble dispiaced perscns in acccnbnce with ~d to the full e~~e:J.t permitt~
by this Aniele. Toe obligaticns Cesc:ibed ir:. this Article a..~ in additicn
to those in Article 6.
l6084. Basic Eligibility Conditions.
A pe~cn estabiishes basic eligibility for re location payrr.e:::ns ifhe- sat-
isfies the conditicns described in section 603~. A person who moves from
real prope:i.y orwbo moves his p:rsonal prc~rty from re:u property be..
cause be will be displaced from olherreal prcpeny cn which be conducts
a business or farm operatico.. estabiishes eligibility on the basis of the
move from such othe:prop:ny co.!y for payn:.ents maee pursuantto sec.
tion60S<l.
l6086. Nollce 01 Intent to Displace.
A public entity may issue a wrinen Notice of Intent to Displace ar any
time after for:cing a reascnable eXj:ecL:lucn of acquiri1lg real proper-.y.
Such a D<xice. by establishing eligibility prior 10 acquisiticn. will enable
a public entity to respond to hardship and olher situations.
~ 6083. Filing 01 Clalmsl Submission 01 rex Returns.
All claims filed wilh the PJblic entity sh:ul be submined within eigh-
teen months oflhe date on which the claimant receives fma! payment for
the property or the date on which he moves, whichever is later. The dis-
placing entity may e;!;!end this p::riod upcn a proper showing of gocd
cause.
Except where specifically provided otherwise a claimant shall not be
required to submit acapy of his t.1.., returns in support of a cla.im forreIo-
cation payments.
l6090. Actual Reasonable Moving Expenses.
(a) General. A public entity shall make a payment to adisplaced pe~rn
who satisfies the pertinent eligibility requirements of seclion 6084 and
the requirements of this section. for actual reasonable e;tpenses specified
below and subject to the limitatioos set fOM in subsecticn (c) of chis sec-
tion for moving himself. his family, business. fann operauoo orother ~r~
sonal propeny. In all ca.ses the amcunr of a payment shall Dc( e;tceed the
rea.scnable CC6t of accomplishing the activity in cc:nnection with which
a claim has been fued.
Yne moving and related e;!;pens~s for which claims may be filed shall
include:
(1) TraosJXJI'UUcn of persons and property not to e;tceed a distance of
50 miles from the site from which displaced. except whl.'n" relocation be.
yond such distance of 50 miles is justified;
(2) Packing. crating. unpacking and uncrating ?,,,,onal pro?,ny:
(3) Such storage of personal property. fora period generally not toex.
ceed 12 months. as determined by the public entitytobenecessaryincon-
nection with relocation;
(4) Insurance of perscnal prop:rty while in storage or tranSit: and
(5) The reasonable replacement value of property lost. stolen ord~'
aged (not thrC\lgh the fault or negligence of the displaced person. ?IS
agent. or employee) in the pr<:x:ess of moving. where insurance covenng
such loss. theft or damage is not reasonably available. .
(6) The cost of disconnecting. dismantJing. removing. reassemblmg.
reconnecting and reinstalling machinery. equipment or other personal
Page 269
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~ 60';)<)
B..l.RCLAYS CALITOR-'.1..l. CODE OF REGT.:lATIO"iS
Tit!e 25
prq:er::i (ir:c:t;c:..:.g gee-cs 3r.c inventor:.. kept fer sale) oct J.cqui~c! by
C~ pucEc e:J.tir;,. iI:.c:uding :cru::.ection chJ.rges im~sec! by ;;UbUc utili-
ties forsu::.ir:; utiEty se~vice.
(0) .-\c:"l.l:ll R~:l.Scclble ~lo\iing Ex~nses-Displaced Business Con-
ce~s :u:.d F:l.I'::::D. Oper:l.ucns.
In a.dciticn to iliese cOCJ.pensable e:q:enses set forth in subsection (a)
of r.his secticn. a displaced business COQce:::J. or farm oper:uicn ffi.ly file
a claim fer tl:.e following moving and related expenses:
(1) Tue ccst.directly rebled to displacement of mcdif)ing the m.1C~in-
ery. equipLent. or ctl1er pe:-scnal propeny to adapt it to the replace::r:.ent
lo:mcn cr t.o utiiities available at the repl.lCement location ormcdifJing
the power supply.
(2) Oaims fcrpaymentur:.derthis subsection shall be subject to the fol-
lOWID2.limiuticns:
(A)-Reimbursable costs shall be reascnable in amount.
(B) Tee cost could not be avoided or substantially reduced at an alter~
nate available and suitable site to which the business was referred.
(3) Tee ccst of any lice::.se. ~rm.it or certification required by a dis.
placed business CCDcem to the extent such cost is necessar:. to the rees~
Lilblishment of its operation at a Dew lccaticn.
(4) Toe reascnable cost of any professional senrices (including but nO(
lircited to. architects'. attomeys' or engineers' fees. or consultants'
charges) necessary for pb.cr..:..cg the move of ~rsonal prope:.1Y. moving
the pe:-sonJ.! prope:."j. orins:allatioo of relo:ated personal propeny at the
re::iace:::le:J.t site.
'(5) \Vhe:'e an ite:n of ~:-scnal property which is used in connection
with any business or farm o~raticn is not moved but is re?laced with a
comparable item. re'.mburse::::ent in an amount nO( to e:t.ceed (1) the re-
piacemcnt cost. minus any net prcceeds received from its sale. or(2) the
estimated cost of moving. whichever is less.
(c) Adv:mce Payments. A displaced ~rson may be paid for his antici.
pated moving e:t.perlSes in advance of the acrual move. A public entity
shall provide advance payn:.ent whenever later payment would result in
flIlaDcial hJIdship. Panicularccnsidcraticn shall be given to the fmancial
limitations anddifiiculties e:q::erienced by low and moder:lte income per-
scns and small farm and business operations.
(d) The specific provisions contained in this section are not intended
to preclude a public entity's reliance upon other reasonable means of ef.
feeting a move. including contracting moves and arranging for assign-
ment of moving expense payments by displaced perscns.
(e) Self-moves. Without do:umentation of moving expenses actually
incurred. a displaced perscn electing to self-move may submit a claim
for his moving e:t.p::nses to the plblic entity in an amount not to exceed
an acceptable low bid or an amount acceptable to the displacing entity.
(f) Pmmal Property of Low VaJue and High Bulk-Business or Farm
O~ration. Vv'bere. in thejudgmentofthe public entity. the cost of moving
any item of pe~onal property of low value and high bulk which is used
in connection with any business or farm operalion would be dispropor.
tionate in relation to itS value. the allowable reimbursement for the ex.
pense of moving such prope:ty shall nct exceed the difference between
the cost of replacing the same with a comparable item available co the
market and the amount which would have been received for such proper-
ty on liquidation. Tnis provision may in appropriate siruaticm be applied
to claims involving the moving of junkyaIrls. stockpiles. sand. gravel.
minerals. metals and similar property.
(g) DocurneDtatioo in Support of . Gaim.
(1) General. Except in the case of adisplaced person conducting aself-
move as provided in subsection (e) above. a claim for a payment under
this section shall be supported by a bill orotberevidence of expenses in..
curred. By prearrangement between the public entity. the site occupant.
and the mover, evidenced in writing. the claimant or the mover may pres-
ent an unpaid moving bill to the public entity. and the public entity may
pay the mover directly.
(2) Business and ~arm Op:rations. Each claim in excess of S 1.000 for
the costs incurred by a displaced person for moving his business or farm
CC'er:lticn s~all ~ suoocned bv comC'e~itive hies in suc:" nur:::c.e:- as a...~
p~actic:1l. If the cubli~ 'e:ltitv c.~le~es that ccc::.cliance with:1:e bid re-.
G.uire~e:J.t is im~ractiC3.1 or'if estimates in an Jr.1c'unt of less thJ..-. S l.OCO
are obtained. a ~taim may be supponed.by eStll::.ltes in lieu oi bids.
(h) \\'nenevera public entity must pay the acru3..l cost oimoving adis_
placed perscn the ccsts of such move shall be e:t.e:::r:.pt from regl.:.lation bv
the Pubiic Utilities Commissicn as provided by sectio~ 726.2(e) oi th~
Act. Toe public entity may solicit competitive bids from qualified bidders
for performance of the work. Bids submitted in res pense to such solicit.a~
tions shall be e:t.empt fromregulaticn by the Public Utilities Cor:..::r:ission.
(i)( 1) Reestablishment Expenses. In addition to moving e:t.pen5e pay.
menLS. a farm. ncnprcfit organizaticn or small business of not mere than
500 employees. shall be entitled to actual and reasccable reestablishment
e:':.penses. not to exceed S 10,oc{).OO. Reestablishment expenses shall be
only these expenses that are reascnable and necessary and include. but
are not limited to:
(A) Repairs crimprovements to the replacen::.e:lt property as required
by Federal. Slate or lccallaw, cede or ordinance.
(B) Mcdificaticos to the replacement property to accommedate the
business operation or make replacement SlIUcnlreS suitable forccnduct.
ing the business.
(C) Construction ar.d installation costs for e:t.terior sigc.ing to advenise
the business.
(D) Provisicn of utilities from rigbt~f-way to improveme:lts en the
replacement site.
(E) Redecoration or replacement of soiled or wom surfa.ces at the re-
placement site. such as paint. panelling or carpeting.
(F) Licenses. fees and permits when not paid as pan of moving ex-
penses.
(G) Feasibility sunreys. soil testing and marketing srudies.
(H) Advenisemcnt of replacement lccacion.
(I) Prcfessiooal senrices in connecticn with the purt:hase or lease of a
replacement site.
(1) Estimated increased CC5ts of operation during the first 2 ye::us at the
replacement site for such items as:
1. Lease or rental charges.
2. Personal or real property taxes.
3. Insurance premiums. and
4. Utility charges. excluding impact fees.
(K) Impact fees or one-time assessments for anticipated heavy usage.
(L) Other items essential to the reestabiishment of the business.
(M) For p.1rposes of this subsection the term "small business" shall
mean a business having not more than 500 employees working at the site
being acquired or displaced by a program or project. which site is the 10-
catico of economic activity. Sites c<:cupied solely by outdoor advertising
signs. displays. or devices do not qualify as 3. small business for purposes
of this subsection.
(2) lneli gible expenses. The followiDgis anonexclusive listing ofrees~
tablishment e:tpenditures not considere4 to be reasonable. necessary. or
otherwise eligible:
(A) Purchase of capital assets. such as. office furnirure. filing cabinetS.
machinery. or trade fixtures.
(B) Purchase or manufacturing materials. prcduclion supplies. prod~
uct inventory. or other items used in the normal coone of the business op-
eration.
(C) Interior or exterior refurbishments at the replacement site which
are for aesthetic purposes. except as provided in paragraph (iXIXE) of
this section.
(D) Interest on money borrowed to make the move or purchase the re-
placement propeny.
(E) Payment to a part-time business in the home which does not con-
tribute materially to the hoosehold income.
NOTE: Authority cited: Section 50460. He:uth and Safety Code. Rderence: Sec.
tion 7262(a)(4), Government Cede.
. I3F-IIS-~
Page 270
Ilcli-..:r'TI.NQ.)};$-IS-97
Ti[:e 25
[;e'Jurtmem of Eou.siIl:! md Community C-e':e!nprr.ent P:-c2!":.lr.".s
~ 6;. <~J
HISTCil.':"
;~:.;~~~~~~ ~~~~c:..:<.:~ :L";d :-:~'.~. ~OTI: fEd 3-t2-9-; ~:-:ltl.,~ 9-: ;-97 (~:;.
l6092. Actual Direct Losses of Tangible Personal
Property.
(.11 ~r:.erJ.l. A pl;bi:c emi(y shall m.:L<e a payme::J.t tOJ.displ.1ced pt'::iCC
we0 $atis:l~s the e!i;Cilil:;requireme::lts ofsecticn 6CSV and tt:s sectic:n,
fer JCruo.1 direc~ losses cftangible perscno.1 prc~:::: J..S J. result ci :r:.ovin~
ordisccntinuing a busir:.ess or farm o~ntien. U: 3-D .J..:J.ct:'Ct :.e:.er::::::::ir:ed
bv tl:e l"'ublic e::l.titv to c.e in accard.mce with t..1e provisicns afmis seelicD..
. (b) Dele:::cining Ac:ual Di..--ect Less of Propen:.. Ac:ual di:'C~t leiS cf
property sbill be de:.e:::::1i.ned ~n the basis of tl::.e les~e; of the fc~awin~:
(1) Tne fair marke~ value ar the prore=ry fer conu.:n.:ed use :n HS lc<:J..
tion prior to dispbce:;;:enc.
(2) Tee estima.ted reasonable costs of relocating the pro~:-:y.
Tee public e::ltity may require that the owne::-first make a. bcna fide ef-
fer::. to sell the prepe:::;; or it may pe~t the ov.lle::-not to do so. The pro-
ceeds :ealized frCI:iJ. my sale of all orpa.'1. of the properryshall be deducted
from t..le de!.e::minalicn ofless. In c:uc'Jlating payme:::.t unde,~is section
the reasonable cost ci l!l effcn to sell shall be adced to the determinD-tion
of loss.
(c) Dccume:J.tation to Support Oaim. A claim for payment hereunder
shall be sUFpol1ed by written evidence ofloss whie!::l way induCe apprais-
als. ce::tified prices, bills cf sale. receipts. c.::J..Gce!.led c!::lecks. coj:ies of ad~
ver-Jse:nenlS. offer:; to sell. aucticn records. ar.d other records approp:-
ate to support the c!.1i::n or the public e::J.tiry may ag.-ee J.S to the value cf
the pror-eny l~fl in pbce.
. 6094. Actual R""sonable Expenses In Searching for a
Replacement Business or Farm.
A displaced persen wbosatisfics the pertincmeligi?ility rcquircme:1lS
of section 6090 with respect to actual reJ.Sonable mcvmg expenses. sball
be eligible for J pa)'1JJ.enlin an arnountnot toexceedS l.OCO. in sCJ.rching
for a rcplac~ment business or fann. including e:'\.p:nses incurred for.
(a) Transportation:
(b) Meals and lodging away from home:
(c) Time spent in searching. based en thc hourly wJge r:J.te of me salarj
or e:1IDings of the displaced person or his represent.:l.tive: and
(d) Fe;s paid to a real estate agent or broker to locJle a replacement
business or fanTI.
NOTE: Authority cit::d: S~ction 50460. He:uth and Saf<:!y Code. Rd~n:'nce:Sec.
tion 7262(a)(3). Goverr.menl Code.
HISmRY
I. Amendment of fim pangrllph and subsection (C) and new :--;OTE filed 8-12-97;
operative 9-11-97 (Register 97. No. 33).
. 6096. Moving Expenses-Outdoor Advertising
BusInesses.
A displaced p::rsen whoconducts a lawful activity primarily for assist-
ing in the pm:hase. sale. resale. manufacture. prcce~sing. or mark.e~g
of prcducts. commcdities. personal pro~rty. or services by the erecUon
and maintenance of outdoor advertising displays is entitled to ~yment
for the reasC11able COSl of moving such displays or their in-place value.
whichever is lesser.
~ 6098. Alternate Payments-Indlvlduais and FamllJee.
A person or family. who is displaced from a dwelling and is eligible
fora payment for actual reasonable moving ex.penses undersectioo 6090.
may elect to receive and shall be paid. in lieu of such payment a moving
exiense and dislocation allowance detennined in accordance with estab-
lished Federal Highway Administration schedules maint:Uned by the
California Department ofTransponation.
NOTE: Authority cited: Section 50460. Health and Safety Ccxle. Reference: Sec-
tion 7262(b). Government Code.
HISTORY
I. Amendment of subse-ction (al fikd 11-5-76 as an emergency: designated ef.
fet:tive 11-27-76 (Register 76. No. 44).
C:;'"..lf;c.11~ -)i C2r.::)l.i.Jr.c~ :i:~d :-~6--;-; (?;,"1-:s:':~ -:--:-. ~o. s,
~. ;~:;~,:~~~t. ~i~~~:.:cn J.r.d ::~'.1.' :-';07"2 :'t.:.:-t! 3-: 2-97; 0~:-:lU\"~ ~Il-'T (:;'~;.
~ 6100. Alternate Fayment~ausinesses and Farm
Operations.
(a) Ge::e:-Jl.
(1) A ;e:-scn WJois disFi.1ced irC"ti::.bis ~i.:.ce ofbusi..nesscrfa.nno~;:a_
ticn ar.d is eug:ble fer pa::r:::ents ~Cer s.e::.icns 6\::'90. &)92. 6094. or
6C96. and. c::w::.~i:es ',vim tb~ require:::e::Hs .;f this sec:.icr:.. rr:.ay elec: to re.
ceive acd SD.all be paic.. i.r.lie'J or S>':C:J Fay-=:e::J.ts. a payrr.e:'l equal to the
average a..:..r:ual ::e: ~J.J::li.:J.!::s of the busines5 or fJ.r.:Il ore::u:cn (but nct in-
clUC~2 J. busi..r.ess as desc~-:Ced in secticn 6096) as d.e~e~ed in aCcor-
dmce :'.::.b. subsec:.ier:. (b) telow. e:;cept Ulal SUC3 payn:e:::t shall ~ not
less than S LOCO ncr;:nore than S:-o.OCO. Fcr?urpcses of this secticn.lhe
dollar lir:::it.1tian s~cified in the prece6g senLence si:J.a!1 apply to a
single busi.r::.ess. reg.:L.....:less cf wbether it is c~ed on u..c.cerone or mere
legal entrees.
-(2) Less of Gocc.wilL ween payme::J.t u:.der this secticn will precede
settleme:::t of a claim forccmcen.saticn for less of gocdwill ur:.dertbe E:::;).
inent Dor'"'~;'" La'.1,'. the p..:bii~ entity before :.endering payment sball st.J.tf'
in writing wbat OCi.lrn cf the payme:::lt. if any. is cCllside::l:d to be cctn-
pe::J..5atie~ fer lc;s cf gcodwill and stall e.i:;:,lain in writing that any pay~
n:ent mace pt.1..'"Suant to Ccde of Civil Pxcedure. Sec:.iollS 1263.510 e:
sea. (the E:n.ir.en( Domain Law. Cnap:er 9. Article 6--hCompensaticn
fa; Loss of Gccdwul"') will be redt..:ced in the same J.I:lcu.:.t. The pciicn
conside:ed to be ccmpensation for loss of goodwill shJlI not exceed the
differe:::ce ~twee::J. the paYr::J.cnt made ur:.der this scctien md an .3..l:::l.m.:.nt
which re.lScnJbiy approx.:mates the paymenls for whlc~ the displa.ced
pe:son ctber."..ise would be eligible under Sections 60W.6092. 6094. and
6096. Failure to provide such wrinen sutemcnt and explmatioo. shall
constirute .1 ccr:clusive ir.dicJ.ticn that no peru on of the payment is con-
sidered to be com~nsaticn for 10.ss of gcxxiwUl for the purposes of that
portien of the COC!: of Civil Procedure referenced above. .
(b) Rcquire::neOls-!3usinesses. Payment shJ.ll not l:e made under thiS
section unless the public entity determines that:
(1) Toe business is nct o~rated solely for rental purposes and cannot
be relocated without a substantial loss of its existing pacrcnage. based en
a consideration of all pertinent circumstJIlces including such fac.tor: as
the tylX ofbusi.ness concucted. the nature of the clientele. the relauve.lm.
ponance to the displaced business of its prescnt and proposed IOCJtlon.
and the availabilitv of a suiuble relccaticn sile:
(2) Toe busiLes; is not part of acommerc:ial enterprise having no IDore
than three (3) other esubiishments which are not being acquired for a
project and which is engJged in the same or similar business. Whenever
the sole rema.ir:!.ing facility of a business which has been displaced from
its principallocJ.!ion:
(A) Has been in operation for less than two yeJ..I"S: .
(B) Has had average ar..nual gross receipts of less than 52.COO dunng
the two tanble years- prior to displacement of the major comPJnent of
the business; or . th
(C) Has h<ld average J.I1..1.Ual net earnings of less thanS 1.OOOdunng e
two ta..ubie Years prior 10 the displacl"ment of the major component of
the business:the rem..aining facility will not be conside::l:d another "estab-
lishment"' for purposes of this secticn: and
(3) The displaced business:
(A) Had average annual gross receipts of atle3st S5.0c0duringthe twO
ta."table years prior to displacement: or 1
(B) Tne displaced business had average annual net e:lI1lings of at east
S l.OCO during the two taxable yeaI$ prior to displacement; or
(C) The displaced business contributed alleast 33 113 percent of the
total gross income of the owner(s) during each of the two taXable years
prior to displacement. !fin any case the p.1blic entity determines that the
two year pericd. prior[odisplacemeot is Dot representative of av~rage n:-
ceiplS.earnings orincome. it may make use of a more representauve pen-
cd.
Page 271
,8F-/lb -.8
R.c~j""'r97,l'oio.33: 3-1~'17
~ 610:
BARCL\.YS CALITOR:'<1.\. CODE OF REGUATIO:\S
T1t;e 2,3
(1) I If U:t: lFl=i:c.1t:cr:. ci tl::.e above c:1te:1J creates J!:. il:e::;',;:t:J or ::~.
s~p. tte c.is;i.lc~g age:.c:. UJ..1yuse ome:criteri:l.1S pe::::.ir:ed in 49 CFR
:!J..:C6.
(c) Ce~e~J.ticn of :-';t;r::::oer of Businesses.
In de~er-;";l"g wbe!..b.er cne or more lez.:ll entities. all cf which JJve
eee::l 3.Cqui~d.. ccnsti:Ule J single business. the following factor.; J.::lcog
ctbe~ shill be ccnsic.e~c.:
(L) Tee e:o;;te:.t to which the same premises and equipr:::e:.t are ShaI1:d.
('2) Tne ex.:e::lt to wbich subsLmtially identic:ll or inti::n..:ne!y lnteae-
bled busiLess fu:n.cticns.1re p..1rsuedmd business and ftnJr.cial affai:-s are
comm.incied.
(3) Tc~ extent to whi6 such entities are held out to the pubiic. aue to
those customariJy de:ili..ng with such entities. as one busi..r:.ess.
(-l) Tne e:-:.:.e::.t to whkJ. the san:.e pe:-son or closely related pe:;;cns
ovro.. ccctrol cr manage the affairs of the entities.
(d) Reauiren:ects-Far:ns. In the case of a farmoperaticn. no payn:.em
sball be ~ac.e under this section unless the public entity c.etermines that
the far:n met the defmitien of a farm oper.ltion prier to its acquisition. If
the displace::lent is limited to only part of the farm operaticn. the op:r:l.tor
will be considered to have bee:) displaced frem a farm operation if: the
part "'-<en met the defmitico of a farm oper.ltion prior to the L1king and
the taking c3.used such a substantiJ.l cbange in the narure of the existing
f:um oDe:auon as to ccnstirute a disolacement.
(e) Requi.re~ents-NCllprofit Organiutioos. In the case of a nonprof-
it org.:1.'1izaucn. nc payme::H sball be IIl.1de under this secuoo unless the
public e:J.ury deter!cines thar:
(1) Tne :J.cnproiit or~3.tion cannot be relocated witbClJt a subs;:J.n-
uallcss of its cx:st~g pat.Iocage (the term "existing patrcnage" as used
in connection with a nonprofit organiuticn includes the membersbip.
penoes. ccmmuniry. or clientele served or affected by the activities of
the ncnprafit organizauon); and
(2) Toe nonprofit org:miz3.tion is not a part of an emerprise having
more than three (3) other est3blishments not being acquired which is en.
gaged in the same or similar activity.
(f) Net Earnings. Tne term "average annual net earnings" as used in
this section means one-half of any net earnings of the business or fann
operation. befon: federJ.l and state income taxes. during the two (2) ta...'t-
able yean immediately preceding the ta.uble yearin which the business
orfann operation moves from the real property acquired for such project.
or during such other pericxi as the head of the public entity detennines to
be more equilable forestablisbing such eamings. and includes any com.
pensation paid by the business orfann operation to the owner. his spouse
or his dej:Cndems during such period. The tenn "owner" as used in this
sectioo includes the sole proprietor in a sole proprietorship. the principal
partners in a partnership. and the principal stockholden of a corporation.
as determined by the public entity. For purposes of determining a princi.
pal stockholder. stock held by a husband. his wife and their dependent
cbildren shall be m:ated as one unit.
(g) If a displaced person who conducts a business or farm operation
elects to receive a fixed payment underthissection.he shall provide proof
of his earnings from the business or farm operation to the agency con.
cemed. Proof of earnings may be established by income ta't returns. fi.
nancial statements and accounting records orsimilarevidence acceptable
to the public enuty.
NOTE: Authority cited: Section 50460. Health and Safety COOe. Reference: 5<:c.
lien 7262(c). Government Cede.
HISTORY
I. Amendment of subse-::lion (e){2) filed 11-5-76 lIS an emergency: designated
effective 11-27-76 (Register 76. l':o. 44).
2. Certific3te of Complianc::= filed 2-16-77 (Register 77. No.8).
3. Amendment of subsections (a){I)--(b){2) and (b)(3l(Al. new subsection
(b)(3)(D). amendment of subsections (e){2) and <0. and new NOTE filed
8-12-97: ~rative 9-11-97 (Reg.iste. 97. No. 33).
~ 6102. Replaoement Houalng Payments for Homeowners.
(a) General. A public enory sball make to . persCll wbo is displaced
from a dwelling and who satisfies the pertinent eligibility requirements
ci se(:::cn c{;.8J l!:C tl:lt c8ccir.:cns of sub~c::cn .;b) ci ::'";:5 se:::.::::. .1 ::<1:.--
me:::,t ::.ct to exc~ed 1 ccr::bined tc<al of S:1.5CO :'or:
(1 )Tc~ amct:..C.t. if lIlY. whicJ wb~:11dded wlte acquisiticc ':2St cill:;:-
dwe!.En~ acquired fer the p-oject equal.s tl:e relSooabk ccst. 15 cete:_
mi..n~c. in accorCJ..Cc~ with subsection \c). of a ccmpnble re~i:J.ce;:ne:Jt
C'NeUin 2. Tnis ~ount shall :tot exceed the diffe::-ence betwee:t the lCQui.
sition price oftbe acquired dwelling and the ac:uJ..1 plrc:hase p:ce of'the
re;::l:lCe:nent dwelling. e~cept where a dispiaced perscn. in the circum.
stance described m panppb 6108(a)(1). is willing to use tl:e e:Un
mcney to improve th~ ccndition of the dwelling.
(2) Toe JrnounL if any. to compensate the displaced pe:-sen fer any in.
c:-eased interes: ccsts. as determined in accord..J.r:.ce with subsec:.icn (c).
he is required to pay forfmancing the acquisiticn of areplacerr:.e:.tdwell.
ing. Toe payme~[ shill nct be made unless the dwelling acqui..-ed by the
public entity was e:J.cumbered by a bona fide mcrtglge wbich was a valid
lien en the dwellingfornot less than 180 days prier to the initiatien ofne-
gotiaticns for acquisition of such dwelling. (rnis time require:::.e:lt IIlay
be modified in accordance with the provisions of subsectico. (b) below.)
(3) ReJ.Sonable expenses. determined in accordance with subsecticn
(c) of this section. incurred by the displaced persan incident to the plr-
chase of the replacement dwelling.
(4) In accordance with section 6108. the cost of rehabilitating adwell-
ing which does cet satisfy the decent. safe and sJIlitary sr.wcJ...'"d.
(b) Eligibility Ccnditions.
(l)A displaced ~rson is eligible forpayme::nunderth.is secticn ifsuch
person:
(A) Is displaced from a dwelling that is acquired:
(B) Has actuJ.l.ly owned and cccupied sucb dwelling far net less than
180 days prior to the initiaticn of negotiations for its 3cquisiuco.; and
(C) Purchases ar:d cccupics a replacement dwelling within cce year
subsequent to the date an which be received fInal payment from the pub.
lic e::ttity of all costs of the acquired dwelling or the date 00 which he
moves from the acquired dwelling. whichever is later.
(2) If an owner satisfies all but the 180day requirement and can estab~
lish to the satisfaction of the public entity that he bought the dwellingwitb
the intention of making it his place of residence. that the move was not
mQ{ivated by a desire to receive relocation assisunce and benefits. and
that he neither knew nor should have mown that public acquisition was
intended the p...lblic entity may reduce the requirement as necessary.
(3) 'Where for reasons beyond the control of the displaced persrn com-
pletion of construction. rebabilitation. or relccaticn of a replacement
dwelling is delayed beyond the date bywbich cccupancy is required. the
public entity shall determine me date of cccupancy to be the date me dis.
placed person enters into 3 ccntract for such ccnstruction. rehabilitation.
or relocation or fer the purchase. upon completion. of a dwelling to be
constructed or reb:J.bilitated. if. in fact. me displaced perscn cccupies the
replacement dwelling when the construction or rehabilitation is com-
pleted.
(4) Where. for re3.Sons of hJrdship or circumstances beyond the con.
trol of the displ:u:ed person. such perso~ is unable to cccupy the replace-
mentdwclling by the required date. the public entity may extend the dead.
line as necessary. If by the deadline the displaced person has coo.tracted
to plrchase a replacement dwelling. the- public entity should extend the
deadline.
(5) No person oilierv.'ise eligible for a payment under this section or
under section 6104 shall be denied such eligibility as a result of his being
unable. because of a majorstate ornational disaster. tomeet the occupan.
cy requirements.
(c) Compuutioo of Replacement Housing Payment.
(I) Cost of Comparable Replacement Dwelling.
(A) In determining the reasonable cost of a comparable replacement
dwelling. the public entitycCflcemed shall use cne of the followingmeth.
ods:
1. Comparative Method. On a case-by....;ase basis by det.emllning the
listing price of dwellings which have been selected by the public entity
P~e 272
/3F-/17 -/3;
ll.~liOkT'TI.No. J); S-1}..9'7
Tlt.!e :~
DC?:.1r:Tnent or Rousir'...2 :ma Community De,,'e!opr.i.e:1t P':G'2;r:L.'7l.'i
~ .)>~
.u:c ....-~:c=.lr: =:cst ~~se:1t..:lt:.ve oitte -lcquiredcwe!~:"g '~~.l:.C :::ee~
the .:e~-:.=..::":cu .~i.:: cc.;:ar:!.Cle re?bcerr:e:.r dwellin~ se~ cur i..c :;:.;:se-::Jcn
6ee3,:,:). \\.:e::e';e::- txs:;ici~:..i::.e listin::; ~r.ce of -ll le-ls; tb.~e ~'.l..e!.l.i..:J.;.s
si1:1lJ ~c:::cs;c.e:;:,c.
2. s..::ec.ule \.let.bcC. ~"'.c.e:-e the public e:::.tiry dere::::J..i.:les tb-lt r.b.e coo-
c:L.""J.i..i..-e :r:ettoc. ~s nct :eJSible. it mav estabiish -l schec.ule cf reJ.ScDacle
~cqt.:.is;licc.c::::sts fcrr.::.~ v;u:cus type; ai com.par:lole re;;lace:::.e:::.t dwell-
in!!s.lf :::.cre than one e:.tiry is adm.iniste~...ng. a projectcausi..rJ.g Cisplace-
c::.;!J.t:n:be J.reJ.. it shall ceq:erate with the otherealities in esuoiishing
a uniicr::15Chedule fcrUle area. The schedule sbill be based en acumot
anal)"sis of ~e CJ.J..r:.cet to determine 3. reasonable ccst for e;J.c~ type or
dwelling. to te ;:t:rcbased. In large urban areas iliis analysis may be con-
filled to lbe sub-area frem which persons are displaced ormaycoversev-
e~ diffe~nt sub-areJ.S. if they satisfy or exceed me crite:ia listed in sub-
sectien 6CC8(c). To assure the greatestcompan.bility of dwelli.cgs in any
analysis. the analysis shall be divided into classificaticns of the ryre of
ceDStn.:c:ion. c.umbe:- of "tedrooms. and price ranges.
3. AJ.ter:1ative MemOO. Vvbere the public entity determines tnatneitber
the sd:.e;.ule.norcom~ar.ltive metbcd is feasible in a given siru:Hion. by
tbe use of another reas.::nable metboo.
(B) VotbicbevermethOO is selected the cost sb3ll be up.b.ted to within
three r:ccr:ths of the date of purchase of the replacement dwelling.
(2) Ir:.terest Payments. Interest pa~ents shall be equal to me dis.
countec. p-esent v3lue or the difference between the ag.,.l!regate interest
appiicabie to the :rmcu.:.t of tl:::e principal of the mortg:lge on the acquired
d\"'ellir.;overits re::na.i.ni.rrg term.:u the time of acquisilicn..:md c<bercebt
se:-Vlce costs. and the ag~gJ.te interest paid on the mortgage on the re-
pl:1ce~.e:lt dwe-lling. J.::d other debl se:-vice costs. Tne term J..lJ.d amount
of the rr:ortgage on the replacement dwelling for purp:ses of this PJIJ..
gnph shall be the less.e::- of the remaining term and :lIDount of the mon-
gage on the acquired dwelling. or the actual term and amcunlcftbe mort-
gage en the replacemect dwelling. The amount of the debl service cost
with resFCct to the rc:placementdwellingshall be tbe lesser of the debt ser-
vice cos. based on the cost required for acompan.ble dwelling. or the debt
service ccst based on the actual cost of the replacement dwelling.
Pre?aid interest or "point.s" shall be censidered in the determination
of aggregate mteresL
In c3lculating the amount of compensation. increasec interest cost
'shall be reduced to discoonted present value using the prevailing interest
rate paid on savings deposits by commercial banks in the gencrJ.I area in
whicb the replacement dwelling is locat.cd.
(3) E:q:enses Incident to the Purt:hase of the Replacement Dwelling.
Pa)ment under this section shall include the amount necessar; to reim-
burse the displaced perscn for actual cost.s incurred by him incident to the
purchase of the replacement dwelling. including but not limited to the fol-
lowing: legal. closing. and related cost.s including title search. preparing
conveyance contracts. oC<.:lr; fees. sutyeys. preparing d.r:1wings or plats.
and cba:ges paid incident to recordation: lender. FHA. V A or similar ap-
pnisal cost: FHA. V A or similar application fee; cost for certification of
structurn scundness: credit report charges: charge forowner's and mort~
go.gee's evidence or assurance of title; escrow agent's fee: and sales or
transfer U;-r.es. Payment for any such expenses shall not exceed the
amount attributable to the purchase of a replacement dwelling. Such ex-
penses shall be reascnable and legally required orcuslomaryin the com-
munity.
Reimbursement shall not be made under the provisions of this para.
gnph for any fee. cost. charge. or exp:nse which is determined to be a
part of the debt service or finance charge under Title I of the Truth in
Lending Act (Pub. L. 90-321). and Regu1alionZ issued pur.;uant thereto
by the Board of Governors of the Federal R~serve System. Any such sum
should be considered in the detennination of interest payments.
(d) Multi-family Dwelling. In the case of a displaced homeownerwbo
is required to move from a one-family unit of a multi-family building
which be owns. the replacement housing payment shall be based on the
cost of a comparnble one-family unit in a multi-family building of ap-
I=~::n.i::::.ately the sa=.e,:e::.s:t:". cr:.i;i:.;!.t:s ::;.Ct lvlllaci~ :..... J. '::t;ic~:; ci :..~.~
ce:-;.: less de:lSil:;. cr. ii a c.::c~a..-:J.i::ie cce-i:c...:iy u.:::.it:..::. suc::.l :::~~-;"J.
Clily buildir.g is nct J.......1ilJ.cie. U:~ ccs: 01 J.."}. ct..~t'-:-....:s~ c:::r::.~anbit' si.::.'l'
le-fJ..I:::J.ily sr:uc~.
(e) Ov.':1erRete:J.tlen.
(1) If J..:ispiaced herr.eov.lle:- elects [Q retJ.l:;.. rr.o....e. ar:.c. IX:cupy bis
dwelling. tl:::e an::.CUD{ ?ayabie u::ce:-tbis sec:ico is the Ciiie~::ce bet.....een
tte acquisit.icn pCce of me J.cquirec pro~r:y and the sum ci:.he moving
a.r:d restot:lticn e:-;.;e::;.ses. the CCSi: of correcting dece:J.t. sale. and sani.~'
deficiencies. if any. and the ac:ual Fur-:base pnce of J cOCJ.FJIJ.ole relo::~.
tion site. A public e:::.tity IDay limit the pYrLle:::.t made unde~ this subsec_
tion to me amou.:H of the re?iace~e:J.t housing payu:e:::t ior which the
hcmeo......ner would ometvfise be eli~ble.
(2) Toe payn:enr shall nct exceed S IS.CCO.
(f) Provisional Payment Pe:::d:.ng Conde:n..n.atien.
lithe e:cact amount of a re?!ace:::ue:'l housing paymentcJ.nnot be eleter-
mi.ned because of a pe:J.ding conee::nnation suil. the public entity con-
ceoed may make a provisicnal replacement housing ?ayment to the dis-
placed horr.eov.uer equal to t..\;.e difference betwee:J. the public e::1titv's
ma..\.imum offer forme pro!Xr.y and the reJ.Scnable cost of a comparable
reclacemeat dwellin!!. but only if the homeowner e:J.ters into an a2::'ee-
n:~:H that upco. final ;djudicJ.licn of me condemnation suit the repiace.
r:::e::J.t housing payme!J.t will be recomputed on me basis of the acquisitiClJ
price determined by the ccurt. If the acquisiticn price as deIer:::ni..r.ed by
tbe coun is gre:lter than me ma..\.i.rr.um offerupcn which the provisional
replaceme:H housing pa)''U),ent is based. the difference will be refunc.ed
by the hemeowner to the public entity. If the acquisition price as deter-
mined by the coon is less t.hm t.he rna:t.imur:l offerupcn which the provi.
sienal replace::r:ent housing paj1Dent is based. the difference will be paid
to the bomeo\lo'TIer.
(g) Lease of Condominium. For the p..lfposes of this section. the le~-
ing of a condominium for a 99-ye3l'pericd. or for a term which e.'tceeds
the life expectancy of me displaced FCrson as determined by the most te-
cemlife tables in Vital Statistics of the United States. as published by the
Public Health Sen-ice of the Department oi Health. Educaticn and Wel.
farc. shall be deemed a purch.1.Se of the condominium.
NOTE: Authority cited: S~ction 50.t60. H~:u1.h and Safety Code. R~ferenc=: Sec.
tion 7263. Govemm~nt Co:.le.
HISTORY
1. Amendment of subsections (al(1) and (al(.t) and new :Son: filed 3-12-9i: op-
erative." 9-11-97 (R~'g.isk'r 9i. ~o. JJ).
~ 6104. Replacement Housing Psyments for Tenants and
Certain Others.
(a) General. A p.iblic entity shall make to a displaced person who satis-
fies the elig.ibility requirements oisection 608-tand the conditions of sub-
section (b) below. a payment not to e:t.ceed 55.250 for either:
(1) An amount. coml"ted in accordance with p=grap!I (dX 1) of this
section. necessary to enable such p;-rson to lease or rent a replacement
dwelling for a periOO not to exceed 4 years: or
(2) An amount. comp.ited in accordance with parJ.graph (dX2) of this
section. necessary to enable such person 10 make a down payment OD the
purchase of a replacement dwelling (including incidental expenses de-
scribed in section 6102).
(b) Eligibility Conditions.
A displaced person is eligible forme payment.s specified in subsectioo
(a) if he satisfies the following conditions: .
(1) Has a:cupied the dwelling from which he is displaced fora pericd
of not less than SO days prior to the initiation of negotiation foracquisitioo
of such dwelling.
(2) Is not eligible to receive a replacement housing payment for home-
owners under section 6102 or elects not to receive such payment. Vlhere
the displaced person is the owner-occupant of the dwelling. the payment
made under p=graph 6104(.)(2) sball not exceed the amount of pay-
ment to which the person would be eligible under sectioo 6102.
Page 273
I3F -//8-13
R.:lil~r97.N".33:&-t~97
S 611:<1
B.HCU.YS CALITOR-"U CODE OF REGLLATIO:'.S
T!t~e 2.3
(3) \\=~:J.eve: a pa;tr:::~:t und~: subsecticn (J:(2) is scugbr tb.e dis-
~iJ.e~d. r:e:-scn shall within cne ye3I frem the d..1te .::f disFb.ceme::H j::ur-
c:ase 3.I:d cccupy a replace::l.ent dwelling.
(e) Tn~ Frovisicns i.n sui:section 6102(0) formoci.r\ing:l:e ccnG.iucns
or di?~iliry also apply to tiis sec::ion.
(d) Ccmp.H.J.tion of P.1yu:.ent.
(1) Rern.us. E.\.eept for publicly funded lI'JD.spcrtJ.ticn projects. wbich
shill calculate benefits ove:..t2 mcnths. includingco'GlJ:ensaticn fcruti.li~
ties. tee amount of payn:..ent necessary to lease or rent a cCtilparable re-
place:::nent dwelling. under sllbsecticn (30)(1). shall be con:.puted by sub-
trJcting 48 times the base monthly rental of the displac~d person (as
determined in Jccoro.mce with this subsection). from. 48 times the mcnth~
Iv rentJl for a comparable reylacementdwelling (as Ce~:;:;:llned in accor~
da.r::.ce with this subsecticn): Provided. that in no case may such ar:::.cunt
exceed the difference berween 48 times the base monthly re::nal as deter~
miDed in Jccordance with this subsection and 48 times the monthly re::ltal
actually required for the re~iacementdwelling occupied by the displaced
person.
(A) Base Mcnthly Reow. The base monthly re"al shall be the lesser
of the average monthly rental paid by the displaced person for the
~mcntb period priono initiation ofnegctiaticns or 25 ?=::te~t oftbe dis-
placed person's avemge monthly income. (See subsection 6008(1).)
"Vbe", the displaced peoscn was the owner of the dwellirlg from which
he W;l5 displaced orwas net required to pay rent fortbat dwelling. the eco-
nomic re::lt (see subsecticn 6008(b)) shall be used in lieu of the average
mcnthly rent.:1l to calculate base monthly mHal.
(B) Comp::J.I:lble Rental. Toe monthly rental for acornparJble replace-
me:1t dwelling shall be the an.ount of rent determined by the plbEc e:J.uty
by ace of the methCds described in paragraph 6102(c)(l). considering
rcOla! charges instead of listing price or acquisition cost.
(C) v"l1ichever method is selected the cost shall be up:bted to within
three mcnths of the date of renul of the replacement dwelling.
(2) Downpayment. The down payment for which a payment specified
under paragraph (aX2) of this section may be made. shall DC< exceed the
amount of a reasoIll1ble downpayment fortbe purt:hase of a campanble
repbcementdwelling where such purchase is fma.Dced. plus expenses in-
c:den[ to the purt:hase of a replacement dwelling computed in accordance
with Section 6lO2. The full amount of a downpayrnent under this section
shall be applied to the putthase of the replacement dwellirlg and shall be
shown on the- closing statement orotherdccument acceptable 10 the pub~
lic entity.
(e) RemJl Pa)ments far Displaced Owners and Dependents.
(1) Owners. A displaced ownerwho elects to rent mtherthan purchase
a replacement dwelling and who meets the eligibility conditions speci-
fied in subsection (b) is eligible for the payment specified in paragraph
(a)(l).
(2) Dependents. A det=endent who is residing separate and apart from
the perscn or family providing suppon, whether such separate residence
is permanent or temporary. shall be entitled to payment under this sec-
tion. but such paymentshJll be limited to the pericdduring which the dis-
placed dependent resides in the replacement dwelling. At the time the d.is~
placed dependent vacates that dwelling. no further pa)TI1ent under this
secticn shall be made to such person. For the PJrposes of this paragraph
a 'dependent' shall be a person who derives fI..fty-one percent or more of
his income in the form of gifts from any private person or any academic
scholarship or stipend, Full-time students shall be presumed to be depen-
dents but may rebut this presumption by demonstrating that fifty percent
or more of their income is derived from sources other than gifts from
another private person or academic scholarships or stipends.
Dependents residing with the family of which they are a part shall not
be entitled to any payment except as a part of the family.
(f) Disbursement. Except where specifically provided otherwise. the
public entity shall have the authority todisburse payments underthis sec-
tion in a lump sum. jIDcntbly or at other intervals acceptable to the dis-
placed persoo.
~OTE; Author.r.. c:~d: S':-'::":cn :0.:'6J. H~::1.l:..~.u;C SJ,r'::!"'j c.:x:~. R::!';:-:-:::c~: S~C.
.ions n60(l) .lI':d 7::.6.J.. GovC=:7.rr:e~1 COC!~.
HISTORY
I. Am~ndm~:":t ~i ilJbs.:C:JCt1S (.11. (.11(2l. (d)(1l. (d:(l HAl J.....d (d)~:) lr.c! r'~W
:-';OTE: fij~ 3-; :-97; O~r:ltiv~ 9-11-97.(R~:?is~~ 9'7. :"<0. :::).
~ 6106. Proration of Payments.
Forthe pUr;"'vCse of c.1.lculati..ng l.C a.lre:11Jte payme~r ur.cersec:icu 6098
or a replacerr:.e::J.t housing: plyme:::.r uneer sec:ictJ. 6102 or 61C..!. two or
more individuals (whethe:they are members ci cne fa.mi.i.y OC10l) livin>.:':
togerberin ar:c displaced frem J single dwelling shall be :eg3..-'C.ed as on;
ferson.
Where a tenmt is sharing a single-family dwelling with an O\lo-=.er-oc_
cupant and pa;..1..ng the owner-cccupant rent for the privilege. tl:e tenant
snall not be e:ltitled to more than one-half of the rental supplerne::t other.
wise payable. Tee ov."Der-o::cupantshall Dot be required to share :be pay-
ment to which he is entitled or accept a prorated amcunt.
HISTORY
1. Amendment fJjed 11-5-76 3.S an emergency; desigr:..:1led effective 11-27-76
(Reg:.ister76. No. 44).
2. Cenific.:1!e of Ccmpli:mc~ filed 1-1~77 (R~ister 77. No.8).
~ 6108. Condition of Replacement Dwelling.
(a) \\-ben adisplJced person qualifies for a replace::ne:lt hcus:ng pay-
ment (under sectioo. 6102 or 6104) by p..irchasing or re::l.ti..ng a replace.
ment dwelling. the unit. as a general rule. must be dece::l.t. safe ar:.d sani-
tary. There are three e~ceplions. One is described in paragraFh
604O(aX6). Toe others a.",:
(1) If the pu..:hJ.Se of such a dwelling is the result of the public entity's
failure to identify a re.:J.Sonable' number of companble replacemenr
dwellings as required or if the dwelling is oce to which the-pe~cn was
referred by the public entity. the candition oflhe dwcUingd~s net affect
eligibility for a replacement housing payment.
(2) If the purchJ.Se of such a dwelling is not the result of a public enti-
ty's refeml or failure to refer. the otherwise eligible person quJ1i..fies for
:l replacement housing payment if the unit is brought into compliance
with. the decent. safe and sanitary st3.11dard. In this situation payment shall
be limited ro the amount tbJt wculd be provided in connection with. the
purchase of a similar. cornpar.l.ble replacement dwelling orthe sumofthe
acwal costs of acquisition (including related e~penses) and rebabiliu.
tion. whichever is less.
(b) A public entity shall not induce orencoumge a displaced perscn to
acquire a dw{"lling which does not satisfy the comparable rt'placemf."nl
housing standard. (See section 6008(c).)
~ 6110. Certificate of Eligibility.
Upon request by a displaced homeownerortenant who has oc< yet p.ir-
chased and occupied a replacement dwelling. but who is otherv.-ise eligi-
ble for a replacement housing payment. the public entity concerned shall
certify to any interested pany. financial instirutioo. or lending agency.
tbJt the displaced homeowner or tenant will be eligible for the payment
of a specific sum ifhe purchases and occupies a dwelling within the time
limits prescribed.
~ 6112. Manufactured Homee and Mobllehomee.
(a) General. A manufactured home or mobilehome is a dwelling. (See
subs<.'ction 6008(g).) A person displac{"d from a manufactured home or
mobilehome must satisfy the same eligibility requirements and must be
provided the same assistance. assurance and payments as a person dis-
placed from a ccnventional dwelling.
(b) Moving E"penses. If a manufactured home or mobilebome is
moved to another site. the' displaced person shall be compensated for
moving expenses in accordance with sections 6090 and 6092. The provi~
sions of these sections which generally apply only to businesses and
farms shan also apply to displaced perscns who move a manufactured
home or mobile home.
(c) Replacement Housing Payments.
(l)A person who owns a manufacruredhome ormobilehome and site
and as a replacement p..m:ha.ses both adwelling and site shall be provided
Page 274
~ -If 'J -8
Rc.iur '17. No.)}; :l-1~97
Tit!e 25
Depar::me!1t or Eou:::ir..:z and Community Deve!o;:rr:e!i.t hogr3.111S
~ 6 :2.:.
;l :-t=r::i.:J.ce:::e:.: '::Cl.:Si.:.:; ?1:"r:::.e~t in :J.c:o~....:u::.ce wiL1-j sec:icc!) ~C':. A ~~.
scn who C\1.-:'S l ::::.J..CC::.2.cx~d ~cn::.e cr:r:.obilencr::e:u:d s;te. J..",:d,lS l~.
pbce:r.e:::.t ~:::s bct.'-:: l c',l{elling JJ::.d site, sbill be provicec!. J. pJ.yce:.[ ~l
.lccorCJ.r.ce "l,.:r.b. se:;:i~ 610~.
(2).-\ r~cn wbo ;:-e::ts J. m:mufac:ured home ormcbile:::.oc.e J..:::d S;[c.
:u:.c!. as J. ;:':':?llce:::e::::.t ~:.ts cr p..lrchascs a dwelling and sire. shall te pro-
vided a p::lj-::::.e::t in J.c:oreance with section 6104.
(3) ,~. r~cn who Cl,l,-:J.S J. m.anufacDJred home ormabilebome J.r.d site.
:md as J. reFi.:!!:ement ~:tb.JSes J dwelling md re:J.ts J. site. sbill be pro-
viced J. pay=e::::.t in lc:croa.nce with sections 6102 acd 6i04. Tee pay-
reerH sca.!l be li..:::1ileC [0 the lesser of:
(A) Tee 3..!:i:.our.t necessary to pm:nase a cco.ve:::HicnJ.! com.panole re-
place:=.e:.t iIlJ.I:.ufacrured home and mcbilehome: or
(B) T.oe anount necessar:.r (Q puIthase a replaceme::H II1J.nufacru:ed
home or mc*ilenon:e (m accordance with section 6102) pius the amount
necessa...-:, to re::t a ~?lace::ne::H site (in accordance with section 6104).
In cJlculating tb.is a.n::ou::J.t. the economic rent for the site shall be used in
lieu of ave:age lIlontb.ly rental to determine the base lllcnthiy rental (as
proviced in par.lgr;1pn 6104(d;(I)).
(4) A per'Scn who o.....-os a site from which he moves a manufactured
horr:.e or mcbilehome shall be provided a replacement hausing payment
under section 6102 ifhe purchases a replacement site and ucder secticn
61Q-1. ifhe re:::ts a reFi.lCement site.
(5) A p:'r'Scn wbo owns a m:mufactured borne or mcbilebome which
is acquired a.r.d rents tl:.e site shall be provided payme::lt as follows:
(A) If a rnanufac:urd borne or mcbilehome. as appropriate. is not
available the J.mount requ~d to purchase a ccnventicnJ.! replacement
dwelling (in accord.J..Cce with scclion 6102):
(B) Tne ~CUQ[ necessary to purchase a replacement mar:.ufJ.Cturec
home ormcbilehome (in accordance with section 6102) plus the amount
nc:cess.J.ry to lelSe. rentorma.ke adownpaymeat on a replacement site (in
accarcbnce with sec:.ion 610<-1): or
(C) If he elects to rent a replacement manufactured borne or mobile.
home and site. the .aII::.ount required to do so in accordance with section
6104. In cJlcu.lating this payment. the average monthly rental sball equal
the economic rxnt forthe manufactured home ormobilehome plus the ac.
tual reat for the site.
(6) Similar principles shall be applied to other possible combinations
of ovmership and teD-anc)' upcn which a claim for payment might be
based.
NOTE; Authority cited: S~c:ion SO.t.60. Health and Safety Code. Rden:nc~: $::c.
Oem 18007 and 18008. He::uth and Safety Cod~.
HISTORY
I. Amendment of~cticn and new NOTEfiJed &-12-97; operative 9--11-97 (Reg-
ist~r97.No.33).
.6114. Affected Property.
(a)In addition to the payments requ~d by Section 7262 of the Act (see
sections 6090. 6092. 6C94. 6096. 6098 and 6100). as aces! oi acquisition.
the public e:1tity shall make a payment to any affected property ovmer
meeting the requirerr.e::m of this section,
(b) Such affected property is inunediately contiguous to property ac-
quired for airport pU!'Fcses and the owner shall have owned the property
affected by acquisition by the p.lblic entity not less than 180 days prior
to the initiation of negctiation for acquisition of the acquired property.
(c) Such payment. not to e"ceed fifteen thousand dollars (SI5.0c0).
sball be the amount. if any. which equals the actual decline in the fair mar-
ket value of the propeny of the affected property ownercaused by the ac-
quisition by the public entity for airport purposes of other reJ.! property
and a change in the use of such property,
(d) Toe amount. if any. of actual decline in fairmarket value of affected
property shall be dete:mined according to rules and regulations adopted
by the public entity. Such rules and regulatioos sballlimitpayment under
this sectioo only to such circumstances in which the decline in fairmarket
value of affected property is reasl:mably related to objective physical
change in the use of acquired property.
(e) ""...:T~~e~ p~~:::...- tr.e:u::; my re.1l F'c~'-':" ....':-::c:: J.c::..:a..:::. .:",.
clir:.es iI:. r~ iD.J:;<t: value becJ.use ci acquisidcn by J ;t:~~c e::r..:,'" lei
puolic use ci ot:.e:"~J..l !='fG~rty and :J.cha.cge:.n the use 0!:.=:e ~3.1 ;r~~:,.
t:. acqUl:ec. ::'y tl:1e ~ubiic eotit:,'.
Article 4. Last Resort Housing
I 6120. Purpose.
Tne pu..::cse of tllls pa.'"': is to set forth the criter:J. and ~nx:edures for
assur'.ng thJ.t if the action of a public emity results. or will result in d:s-
piaceme:::, and ccm~arJble replace::nentbcusing will net be availJ.ble as
needed. the pubEc entiry shall use its fu:r.cs or funds authorized far the
project to provide such housing.
16122. Determination of Need for Last Resort Housing.
If en the basis of d.1.taderived fromsur....ey'S:md analyses whicb sarisfv
tl:e require::nems of sectico.s 6048 and 6052. lbe puoEc e:::.tiry is u.nabl~
to de::nons::rJ.te that comparable replace:r:.e:::!t housing will be available as
requi..--ed. the head of the public entity shall c!eterm.ir.e whethe:-touse the
public entity's funds or the funds authorized for the project to provide
such necessary replacement housing or to mcxiify, suspe::d or te:mir:.atc
the project cr ucdertak,ing.
.6124. Development of Replacement Housing Plan.
(a) Geoml.
(1) Foilowmg tbe determination pursuant to section 6122. the head of
the dispiJ..ci.ng public entity shall develop arcause to be developed a re-
placement housing plan to produce a sufficient number of ccmpa...--abie re-
placemetlt dwellings. Th~ plan shJll specify how. whe:::l a.r:.d where tl::e
housing will be provided. how it will be flIlar:.ced and the a.J:l.ount ofrunds
to be diverted to such housing. the prices at which it will be ::e:J.ted orsold
tothe families andindividuJls tobe displaced. the J.I7Jl1gements forhous-
ing management and social services as appropriate. the suitability of the
lo::aticn and environment.1..l impact of the proposed housing. the arrange-
ments for maintaining rent levels appropriate for the persons to be reo
housed. and the dispositi'on of pnxceds from rentJ.l.sale. orresJle of such
housing. If a referendum requirement orzaning presents an obstacle. the
issue shall be addressed.
(2) All conlncts and subccntl'"J.cts for the construction, rebabiliutirn
or management of last reson housing shall be let without discriminatirn
as to !":lce. sex, marital status. color. religicn. national origin. ancestry or
other arbitrary circumstance ind pursuant 10 an affirmative action pro-
gnm. Toe public entity shall encourage participation by minority ~r.
sons in all levels of construction. rehabilitation. planning, fmancing a.r:.d
management of last resort hoosing. \Vben the hC\.lsing will be located in
an area of minority concentrJ.tion. the p..iblic entity shall seek to secure
significant participation of minorities in these activities. Tne public entity
shJll require that. to the greatest extent feasible. oprornmities fortrai.ni..ng
and employment arising in connection with the planning. constructioo.
rehabilitation. and operation of last resort housing be given to perscns of
low income residing in the area of such housing and shall determine ar:d
implement means to secure the' participation of small businesses in the
performance of contracts for such work.
(b) Citizen Participation.
(1) If the need for last resort housing exceeds 25 units. the bead of the
displacing p..iblic entity shall establish a committee which will cO,ns~lt
with and provide advice and assistance to the displacing p..1blic enuty lD
the development of the plan, The committee should include appoin~ed
representatives of the displacing entity and state and lccal agenCleS
knowledgeable regarding housing in the area. including but not limiled
to the 1cx:~aI housing authority and the central relcx:ation agency. if any.
In addition. the committee should include representatives of other ap~o-
priate p.lblic groups (forexample.lcx:al and are.J.wide planningagencles)
and private group' knowledgeable regarding bousing and the problems
of housing discrimination.
(2) The conuniuee shall include representatives of the residents lo be
. displaced. These representatives may be appointed by the displacing eD-
Page 275 13 F" -I d-.-O -(3
R.:&iIRt'17,~Q.3}' &-15-97
~ 6116
BARCLAYS C.-\.LIFOR-"H CODE OF REGLL.UIO:-;S
Tit~e ':5
tirycre!e:~ed by the ~siCe:::ts, as t..1e resice:::.:.s wis::. Resic.e~t ::eprese:::J.tJ..
tins stall.:lt J mi..ci.=l.UIl. ccnstirute one-t.h::c of the ccmmittee me:::.i>er-
sb..ip. Votes sball be allccJ.(ed so that tbe tow Votes of resider:.t
represe::l.l..1tlves sball equal ene-half of t.l::e tctal vetes of the corn..n:.inee
n:e:nbersbip.
(3) Toe plan must be approved by the VGte of a si.::::ple majority of the
ccmm.ittee membership. In the event the committee fails to approve the
pl3.D. the lcc:ll governing bcd.y or. where the displacing e:::.tity is a sure
a!:e:J.cv. the head ai the state agency maY substitute its accroval.
- (c) 'Ccnsulution with Otber-Hcu;ing Agencies and ~gmiz.aticns.
Tile he3.d of the displacing p.xblic entity may consult or ccrltract with
the department. a loca.lhousiDg authority. crotberagency ororganizarion
having experience in the administration or conduct cfbousing programs
to provice technical assisr..:u::.ce and advice in the Ceve!opme:J.t of the I'e-
place::::ne:J..t housing plan.
~ 6126. Submission 01 Plan lor Comment.
Toe head of the displacing public entity shall submit the plan and all
significant amendments to the local housing and planning agencies for
comment and to assure that the plan accurately reflects housing ccadi-
tions and needs in the relccation area. Reviewing agencies shall have 30
calendar d..ays following receipt of the plan to prepare their comments.
Copies of all comments received shall be fOTVlarded to the comminee and
available to all interested persons.
Ge:J..e:al notice of the plan shall be provided. Notice shall be desi l!Iled
to reacl::! the residents of the relocation area; it shall be in accordance ~itb
the provisions of paragrapb 6046(a)(3) arod subsectinn 6046(h): and it
sball be provided 30days prior to submissicn to the cOmr:llttee, or the lo-
cal gove:ni.ng body or head of state agency for approval.
NOTE; Authoril]' cited: S~ticn 50460. He:11th md Safety Cede. Refet'l:nce: Sec-
liens 7260.5(3)(5) and 7264.5, Government Code.
HISTORY
I. Amerximent of fIrSt p3l"3gI'3ph:md new ~aTEfiled 8-12-97; o~nl.ive 9-11-97
(R.l:gisterCfl. 1'to. 33).
.6128. Determination by Displacing Public Entity 01
Feasibility end Compliance.
Upon receipt and consideration of the comments. the displacing public
entity shall determine whether or not:
(a) The plan is feasible.
(b) Toe plan complies with applicable environmental standards and
pnx:edures.
(c) Toe plan is compatible with the local general plan and housing ele.
ment and the areawide housing plan orstralegy.
If any of the above detenninations by the displacing public entity is
negative the displacing public entity sball revise the plan as necessary.
Substantial modifications in the plan shall be submitted for review and
comment as provided in section 6126.lf necessary for timely implemen.
l..:ltion of the plan or execution of the project. the head of the displacing
public entity may sbonen the time allowed in section 6126 for review of
modifications.
.6130. Implementatlnn 01 the Replacement Houelng Plan.
Upon making the determinations required by section 6128, the head
of the displacing entity may expend funds and take such other actions as
necessary to provide. rebabilitate. orconstruct replacement housing pur-
suant to the approved replacement housing plan through methcds includ.
ing but not limited to the following:
(a) Transfer of funds to state and local bC\lsing agencies.
(b) Cootract with organizatioos eXJ:erienced in the development of
housing. .
(c) Direct coo.struction by displacing J'l:Iblic entity.
Whenever practicable. the head of the displacing public entity should'
utilize the sezvices of federal. state, or local housing agencies. or other
agencies having experience in the administration or conduct of similar
bousing programs.
.,
~ 6132. Housing Production.
Toe heX. oi the displ.1c:.ng ;:ubi:c e:::.r.:ry sball ::I:crolcr tb~ prXl,;c:icr:.
of lbe last resort bousing to e:1sure th.1t it is in Jc::ordJI.ce wi:.h tl:e pia:::.
.6134. Jointly Sponsored Dev~opment.
\Voere several. age:::.c:es are ac!minis;:e~.ng prJgr.mlS resulting in resi-
dential displaceiLent. oppcmmities shall be sought for jcintc!evelopme:J..I
and fInancing to aggreg:lle resources in crder mest efficiently to provic.e
replacement housing in sufficient quantity to sJ.t1sfy the ag.",ozreglte needs
of such prog:!':l.mS.
~ 6136. Last Resort Housing In Lieu of Payments.
A p..iblic e:J.tity shall nC( require a displaced person to accept adwelJing
provided pursuant to this Anicle in lieu cfthe displaced person's acquisi:
tian payment. if any. for the real profert)' from which he is displaced or
the reloc.1tion payments for which he may be eligible.
~ 6138. Conlormlty with the Act and Other Statutes,
Policies and Procedures,
(a) Civil Rights and Other Acts. Tne administration of this A!""c!e sball
be in accord with the provisions of all applicabie federal arod Sl.1te nOt>-
discrimination laws and regulations issued. pursuant thereto.
(b) Dwelling and ReiccatioD Standards. Det.erminations made polr.
suant to section 6122 and any plan developed and implemented for pro-
viding replace:nent housing acd all such housing provided the:eLmder
shall be in conformity wit..1 the st.andards established in the Act and
Guidelines.
NOTE: Authority cit~d: S~ction 50460. Ht:31th md SJiety Cod~:Refe~nce: Sec.
(ion 7260.5(c)(4). Government Cc:d~.
HISTORY
I. Amendment of subsec:ion (al md nt:w :--"OTE rued 3-11-97: oper.1tive 9-11-97
(Regisler 97.1"0.33).
~ 6139. Last Reeort Housing.
(a) Whenevercomparable repbcement dwellings are not available. or
are not available within the moneUl')' limits of Government Cede sec-
tions 7263 and 7264. as appropriate. the displacing agency shall provide
additional or altemative assistance under the provisions of this part.
(b) The metheds of providing replacement housing of last resort in.
elude. but are not limited to:
(1) A replacemenl housing payment calculated in accorrlance with the
provisicns of sections 6102 or 6104. as appropriate. even if the calcula-
tion is in excess of the monetary limits of Government Cede sections
7263 and 7264. A rental assistance payment under this paItsba!i be paid
to the displaced persoo in a lump sum. or at lbe discretioo of the displac.
ing agency. S5250 shall be paid to the displaced person in a lump sum
upon dis pi acement and the remainder of the payments sball be paid to the
displa.cee in pericdic payments over a period not to exceed 48 months un-
less otherwise specified by stanlte.
(2) Majorrehabilil..1tion of and/or additions to an existing replacement
dwelling in a sum equal to or grelter than the payment to which the dis-
placed person is entitled under subsection (b)(1).
(3) The canstructirn of a new replacement dwelling in a sum equal to
or greater than the payment to which the displaced person is entitled un-
der subsection (bXI) of this section.
(4) The relccation and. if necessary. rehabilitation of a dwelling.
(5) The purchase ofland andlor areplacementdwelling by the displac.
ing agency and subsequent sale or lease to. or exchange with a displaced
person.
(6) For purposes of accommodating the needs of handicapped perscns.
the removal of barriers to the handicapped.
(c) Only at the discretion of displacing agencies are post-acquisitioo
tenants entitled to last resort housing payments.
NOTE; Authority cited: Section 50460, Heslth and Safety Code. R::ference: Sec-
tions 7263. 7264 and 7264.5. Government Code:.
HISTORY
1. New sectien fUed 8-12-97~ orrative 9-11-97 (Register 97. No. 33).
Page 276
~F-I')'I-6
Rcp...r97,No.33; 3-1$-97
Tit;~ :5
De~:.rr:rnent oI Housi;,..::! J..r:d Ccmmunit:; 'C-.e'i~kp::~::t rG'Zr:.H7b
~ 5151
Article 5. Grievance Frocedures
~ 6150. Purpose.
T.:~ r'l.lr;:cse of tb.:s J..;.-ic:e is to set fenh guidel:.nes fer prccessin:.z a:r
j:'e:lls {:-c;c pt.:ouc e:::.tir-/ d.e~e::::ninatiCl:ls as to eligioiiit:.. the J.!:1cu.,;t ~i
p:.;:;:~::t. ar.d r'cr prcc~ssing appeals frem persens 199:::eVec. by a pubi:c
e:::.tity's iJilu.re to re:'e:- :be::n to companble pe::nane::n or J.de~u:lte te:L~
pco...-:.. re;:iace:r:ent bCl.:sing. Public entities shill est.1blisb. pr;;edu..ooes to
imfle::::le::.t the Fovisiccs of this Anide.
~ 6152. Right of Review.
(a) A..:1y complair.a.::t. that is any person ''''''00 believes rnrllielf a2-
grie'/ed by a d.etermi.::lticn as to eligibility. the .:uncum of payme::::t. the
fai!u~ of the public e::::.~iry to provide comparable ~rmane::lt cr adequate
te::::J.pcr:lIY repia.ce:r.e:::t bcusing or the p...1blic entity's prope::y manage~
me:::t pr:J.c:ices may..1: nis dectien. have his claim reviewed and recon-
sidered by the bead cf:be public entity or an authorized designee (othe::
than the perscn wbo rr:~e the deten:cination in question) in accordar.ce
with t1:e pro::edures se: fOr'u1 in this ankle. as supple::ne~ted by the preee.
dures the public eiJtity sball establish for such review and reconsidera-
ticn.
(b) A ~rscn or crg:l.ci.zaticn d~ctly affected by the relO::Jticn pian
mJ.Y petiticn the depa:-:..r::e::H to review the Enalrelccation planoi a public
e:;.tity todeterm.i.ne ift.!:.e pbn is in compliance with sUte bws md guide~
lines crreview the imple:::::l.e::J.tationofJ.relocatico plan todetermine if the
pubiic e:ltiry is Jctir:.g!.r. compliance with its relo::atirn plan. Review un.
derukc::1 by tb~deF:l!""..:::::.e::1t underthis section shill be in accon!mce with
tb.e provisions of secticns 6158 a.nd may be informal. Before ccoducUn2
an investigaticn. the cepar'.rnent should anemlX toconstraindispures be~
twee:'!. parties.
F:lllurc to petiticn tile department shall Dot limit a compl.J.icant's ricin
to seek judicial review. ~
(c) If J. relo::ation appeals board has been established p..1r5umt to Sec.
tion 33-l17.5 oftbe Health md Safety Code, acity by ordinance DlJ.y des~
ignate the board to he~ appeals from local public entities which do not
have an appeal process. In the abscnce of such an ordinance. public enti.
ties shall establish prc:cedures to implement the provisicns of this Anicle.
NOTI:: Authority cited: S~ction .50460. He:1lth and Safety Ce<<. R~ferenc~: $.=c-
lion 7266. Gov<:mme~l Cod....
HISmRY
t. Amendmem of subs~::uon (b) and l'Il:W NOTEfil~d 8-12-97;op<=r:1live9-1 1-97
(R~glstcr 97. No. 3:3).
~ 6154. Notification to Complainant.
lfthe public entity de~ies orrefuses toconsider aclairn. the public enti-
ty's nouficatioo to the complainant of its determination shall inform the
complainant of its reasons and the J.pplicable procedures for obtaining reo '
view of the decision. If necessary. such notification shall be printed in J.
language other than E::1glish in accordance with secticn 6046.
~ 6150. S1agee of Review by a Public Entity.
(a) Request for Fu:--.her Written Information. A complainant may re-
quest the public entity to provide him with a full written explanation of
its determination a.r.d the basis therefore. if he feels that the explanauon
accompanying the pa;,ment oftbe claim ornotice of the entity's determi.
nation was incorrect or inadequate. Toe public entiry shall provide such
an explanation to the complainant within three weeks of its receipt of his
request.
(b) Informal Oral P:esenuuon. A complainant may request an infor-
mal oral presentation before seeking formal review and reconsideration.
A request for an informal oral presentatioo shall be filed within the pericd
described in subsection (d) of this section. and within 15 days of the re.
quest the public entity shall afford the complainant the opponunity to
make such presentation. Thecomplainant may be represented by an attor-
ney or orner person of his choosing. This oral presentation shall enable
the complainant to discuss the claim with the head of the public entity or
~ :..esi~~ (~c:e: ~J!: :"~e ;:'e:"3cn w:,o ::nJ.c~ t.l::~ u::;':.:~ ce:.;':::::':::'.l::(;~i
bJ.',i..o'.>' J.t:';"C-_' 'a -"/i~:1:" iliti"; ,""o-=::-";1t;co cn .~~ _:";-.""r,, :.
:::: ~ ...:' ..., ... "-l~.......'. ~ ...._. J"e:L;"l.
Ec e:::Hit:. sbil r::J.."e J. St:::::.:::JI";' ciil:.e :r.:li::ers disc:lss.e-:::..."'. ~e onl'~
. -.,'
se::::t.aticn:c ~ i.:::dt:dec'lS;a..r: Of.~t5 :iie. T.-;e :-i;tt:o icr.::J.l re.hew.:!...;....d
rec.cDsic.e:':l::cc. s:.J...il nct be':cJ:diticr:.~d UFCD re~uest.i.::J.g J..::. un!. prese:J._
tJ.ocn.
(c) W:'i;;:e::: Rc~uest fer R.::view acd R.::ccnsiCe:-:lticc. A. an.... t.i.::::e
wi~in th~ ~:-:o::! c.esc:i'rxc !.D subsecticn Cd) a. cocFi.1in.l:t may file a
w::tte:J. re~ues: for rcr:nal ~'Iiew.1!lC reciXsiceraucn. Tee compiai.:J.::mt
may mC:1,;ce :r: t!::e reques:: far review :my stJ.te:::.t::J.t of i~: witti:: the
ccmplair..::u:t's bcwledge or beliei or other ::r:.ateriJl whici may ha....e a
be.:0.ng en:.t.e ar~al.Iftl::e ccop!:llnant requests :::c.cre:.i.rr:e tog;t.he:ar:d
prepare aeciticnal mJlerial :crccns;C.erJ.ticnorrevie'~' JJ:.cc.e:::::tcnsC:3.tes
a reasoc.abie ~J.Sis ;..bc:efcr.:be ccmriainant's request sl::.culC. be gTil..::lted
(d) Tir:::e Lir:.it ior Reqces.:.ng Review. A complainant desirin-g eiilie;
an infcr:::J.al oral prese::J.l..1.ticn orseekingaformal revie',1,' J.CC recon~ice:-:J._
tien shall oJ..~e a request to:..be p...lbuc entity within eightee:J. months foi-
lowing the d.:lte be rr:oves from the prope::1)' or the dJ.te be receives final
compe::J.sat:cn fer the prope:~y. whichever is later.
~ 6158. Formai Review and Reconsideration by the Publio
Entity.
(a) Ge:::er:1.i. Tne PJbEc e::::[ityshall consider-the ~quest for review a.::d
shall decide whe:.ber a mocLficaticn of its initia.l Ce!ermination is neces.
sar:-I. Tois review sball be conducted by tbe head of the pubiic e::::Jtitv or
an authcr.zed. impartial designee. (Toe designee may be a committ'ee).
A desig:r.ee so all bave the Jt:thority to revise the initial de~e:1I!inaticn or
tl:::e detc::::1.i.r::lt:cn of a previous or.li presentation. Tne ~~iic entity snJ.li
consider e'le':'j aggr:eved pc:-scn's complain! reg:udless of form. ar.d
shall. if necessary provice assistance to the claimant in preparing tl::e
written cl:J..i:::i.. Vvl1en J. cb.i.....:1J.nt seek.:; review. the p...Iblic e:.titv shall in-
form him that he bas the rig.":t to be represented by an anor:1ey,'to present
his case by owl ordo::ume:ltJ.ry evidence. to submit rebun.1l evide:J.ce.
to conduct sl..:ch cross~;umination as may be required for a full and tIUe
disclosure offJCts. and to seekjudiciJl review once he has exhausted ad~
IT'...inistrative- appeal.
(b) Scope of Review. Tne public entity shall review and reconsider its
initial determination of the claimmt 's case- in light of:
(1) All material upon which the public agency based its original deter-
minJtion including JU applicabk' rules and regulations. except thatnoev-
ide ace shall be relied upcn where a claimant has been improperlyde~ed
an opp:Jrtunity to controvert the evidence or cross-e~amine the witness.
(2) Toe reasons given by the cbimant for requesting review and recon-
sideraticn of the claim,
(3) A..ny ac!diticn:1.l written orrelevant documenta.ry material submitted
by the claimant.
(4) A....J.y fUr'JJer information which the public entity in its discretion.
obuins by request. investigation. or resc:m:h. to ensure fair and full re-
view of the claim.
(c) Deter:T'.inaticn en Re'/iew by Public Entity.
(I) Tne determination on revie-w by the public entity shall include. but
is nOllimited 10:
(A) The public entilY's decision on reconsideration of the claim.
(B)The factual and leg3.1 basis upon which the decision rests, including
any pertine:1t explanation or r.J.tionale.
(C) A sUtement to the claimant of the right to further administrative
appeal. if the public entity has such an appeal structure, or if not. a state.
ment to the claimant that administrative remedies have been exhausted
and judicial review maV be sought.
(2) The detemtinati~ shall ~ in writing with a copy provided to the
claimant.
(d) Time Limits.
(1) The p..zblic entity shall issue its detemtination of review as soon as
possible but no later than 6 weeks from receipt of the last material sub-
mitted forccmideration bylhe c1aim:l..1lt ofthedatc oft.he hearing. which-
ever is later.
P"1!e 276.1
,e;F -1.;2~-8
R<,il\crQ'i.No.JJ;~I~97
~ 616<')
BAR CLAYS CALIFOR."l...I. CODE OF REG"CU.T10:-';S
Title 1.3
0.) In the cJ.Se ofcompiJi:1t.s dismissed fonmtir:::.eliness crioranyctb-
er reJ.SGn nc{ based on the :r.e:its of the claim. the public e::.tiry shalt fur-
r..ish J. written sutement to tl:.e ciaimmt stJ.Ung the :'eJ.Scn forme dis;riss-
al of the claio as seen as pcssible but no later than 2 weeks from rece: pt
of the last material subc:..iu.ed by the claimant or the date ci the bearing.
whichever is later. .
i 6160. Refusals to Waive Time Limitation.
\\-oenever a public entity rejects a request by a claimJ..r.t for a waiver
of the time limits provided in section 6088. a claimant may file a written
request for review of this decision in accordance with the prcx:edures set
forth in S&tiCDS 6156 and 6158. excefX that such written request for re-
view shall be filed within 90 days aithe claimant's receipt of the public
e:J.tity's determination.
i 6162. Extension otTime Limits.
The time limits specified in Section 6156 may be extended for gocd
C311se by the public entity.
~ 6164. Recommendations by Third Party.
Upon agreement between the claimant and the public entity. amurual-
ly acceptable third. pany orpanies may review the claim and make advi-
sory recommendations thereon to the beJ.d of the public entity for its fmal
determination. In reviewing the claim and making recommendations to
the public "tity. the !hilt! party or parnes shall be guided by the provi-
sions of this Article.
Except to the extent the ccnfidentiality of material is prexected by law
or its disclosure is prohibited by law, a public entity shall permit the
c!a.i.ma.ot to inspect all flies and records bearing upoo his claim or the
prosecuticn of the ~1"aimant's grievance. If a claimant is improperly de.
nied access to any relevant material bearing on the claim. such material
may not be relied upon in reviewing the initial determination.
~ 6166. Review of Files by Clelmant.
Except to the extent the confidentiality of material is protected by law
or its disclosure is prohibited by law, a public entity shall permit the
claimant to inspect all files and records bearing upon his claim or the
prosecution of the claimant's grievance. If a claimant is improperly de-
nied access to any relevant material bearing on the claim, such material
may not be relied upon in reviewing the initial determination.
i 6168. Effect of Determination on Other Peraons.
The principles esublished in all determinations by a public entity shall
't::-e cOl1sideredas pn:cedent for all eligible persons in similarsiruatiOl1s reo
2:urlless ofwbe~ercrnct J ;:e:scn bas filed J written request fcr~vie',\"
AJl wrinen de~e::ninJtiCJ:S shall be kept en file a.r:.d available fer ~ubiic
revie'.1,..
16170. Right to Counsel.
Any aggrieved parr:.,r DJ.S a right to represe~tatiOD by leg:1l cr other
counsel at his e:qxnse at any ar:.d all stages of tbe prcceedings se~ far..b
in these secticns.
~ 6172. Stay of Displacement Pending Review.
If acomplainant seeks to prevent displacement. the public e:::.tity sha1l
not require the ccmplainantto move until at le:l.St 20 days after it bas made
a determmaticn and the complainant has bad an opporomity to seekjudi-
cia! review. In all cases the public entity shill notify the complainant in
writing 20 days prior to the prope5ed new date of displacement.
~ 6174. Joint Complainants.
\libere more than one person is aggrieved by the failure of the public
entity to refer them to comparable permanent or adequate temp:;rary re.
placement housing the complainants may join in filing a single wrinen
request forreYiew. Adeterminationsball be made by the public eutityfor
each of the complainants.
i 6176. Judicial Review.
Nothing in this Anicle shall in any way preclude or limit a claimant
from seekingjudicial review of aclaim upcn exhaustion of such adminis-
trative remedies as are available under this Aniele.
Article 6. Acquisition Policies
~ 6180. Purpoee.
The purpose of this Article is to set forth the pr.1ctices to be followed
with respect to acquisition of real property by a public entity. Public enti.
ties shall. to the greJ.test extent pr.1cticable. be guided by these practices.
~ 6182. Acquisition.
(a) A public entity shall make every reasonable effon to acquire prop-
erty by negotialicn and to do so expeditiously.
(b) Before negotiations are initiated (see subsection 6008(0)) a public
entity sball:
(The nexl page is 277.]
Page 276.2
t3F -(..7.3 -13
Kc,j.utrn.No.3J;&-I~'17
Title 15
Dep3rtment of Eousin~ 3nd C ommnnily DeH!opmenl ProgrJ111S
S 6182
( i ) E::J.....e :.1;: ~rcp<:i.:' apJ:T:llsed.. gi ving the Qwne:- ar :'is ;oe~':~:1t:lt.i....e
cesi"r:J.red :n \\:f.r..:....g 3..1 o1Joortunitv, bv re:J.SonabJe adv3::c:: '.l,-:1ne:1 i1C-
tic::,~o J.c.:~.:::.p:my ~~e J.pP;3..ise;- d~Jl.g the inspection of the prope:::::
(:) If the ownt:: of r-~ propc::1Y is also the: Qwne;- of a business c;:r,,-
duc:.ed on the ~J..l prcpe::<y to be acquired oron the re::nainde:-, infor::::J. hi.:=
of his possibie right to c0mpe:1sarion fcrIoss of goodwill. Tne publice::.r.:-
ty should include 3. copy of the pctinenr provisions of the E.:::llnem Do.
main L.1w (COee of Civil P:'ocedure Sections 1230.010 t! seq.).
(3) EstJ.biish an a.c:J.ount it believes to be just coc?e:1sar.:on for to,::
prcpe-:':y, which amount shall. in no event. be less than the pubiic emity's
approve': J.pprusal of me fair mJIket value of the prope:1Y as improve:::'.
(c) The c.e:erm1..'1aUcn of just compe:1sation shall be based upon ccn-
side:-.llion of:
(I) Tr:e re3.1 prope:ty be:.ng acquired;
(2) Whe::-: the real prope:!y acquired is panofa large..parc.:!. the inju-
r", if J.!lV. to the re::na.:nde-:: and
. (3) L~ss of goodwill. where the owne-: of the real proper:y is also the
owne..of a business conducted upon the property to be J.cquL.~d oron the
rem3.indr:: and where the provisions of the Eminent Domain Law pertlln_
ing to compe:1sation for loss of goodwill arc satisfied. Good',1,.'ill consists
of the be::ef:.r.s that acc:ue to a business :J.S a result of its loc;:n:an. reput:1-
tion for dejX:1dJ.bility, skill or quality, and any othe:- c1.n:L:..C:.sl..1nces reo
suIting ir: probable ~~e:1tion of old or acquisition of new patronage.
(dJ As seen:J.S possible after the amount of just compensaI.lon is eSL1b.
lished. the public entity shall offer to acquire the propeny for the full
amour.t so eSl..1blishd and shall provide the owner with a Vo-ntten st:1te.
mer.t of the basis for de~e:miOJ.tion of just compensation. The stJ.tcme:1t
shall include the following:
(1) A ger.e-::li sl..1te:::J.ent of the public use for which the property is to
be acqui:d.
f2l A desc::i'uon aflhe location and extent of the prOpe:i.ylO be taken.
with sufficie:1t dcl.:1i1 forrcasonable identification, and the interest to be
acquired.
(3) An inventory ide:1tifying the buildings. structures. fIxtures, and .
other improve:nents.
(4) A recital of the amount of the offer and a st:ltement that such
amount:
(A) Is the full amount believed by the public entity to be justcompensa-
tion for the property taken:
(B) Is not less than the approved appnisal of the fairm:lrkcl vJ.lue of
the propc:1Y as improved:
(Cl Disregards any decrease or incrc:ase in the fainnarkel value of the
real property to be acquired prior to the date of valuation caused by the
public improvement for which the property is to be acquired for such pub.
lic improvement. othe: than that due to physical deterior.nion within the
reasonable control of the owner or occupant: and
(D) Does not renect any consideration of or allowance for J.ny relocJ..
tion assistance:md payments or other benefits which the owner is entitled
to receive under an ag:r~em~nt with th~ public entity, except for an
amount to compensate the own~r for that portion of loss of goodwill pro-
vided in accordance with Section 6100.
(5) IT th~ re:J prope:1.Y is a portion of J.larger parcel. the st:ltement shall
include:m apportionment of the total estimated just compensation for the
paniJ.l acquisition between the value of the property being taken and the
amount of damage, if any. to the remainder of the larger parcel from
which such property is tak.en.
(6) If the owner of the real property to be acquire~ is also the owne-:
of a business conducted upon the property or the remainder. the statement
shall include a.'1 indic:::lion of the amount of compensation for loss of
goodwill.
(e) At the initiation of negotiations (see subsection 6008(n)) a public
entity shall provide written notification to the owner of a business con-
ducted on the real property to be acquired or on the remainder, whois not
also the owner of the real property, concerning his possible right to com.
pensation for loss of goodwill. The public entity should include a copy
of l..~e pe:-.ine:':.t rovisicns of the E=.i.r.ent C<lr:;:.ain Law I COC:= of evil
P-:ccedur:.St:cticn 1230.010 e~ seq.l.
I fJ r 1 ) If 3.fte: :-ec:::iving the public entity':; arfe-: the owne:- :equests .J.d-
ditional infor.:l.:nicn ~g'.J.rding thc:"de~:=0:ation of JUSt c~r::;.pens:l.l.ion.
the public entity shall provide the ~oUowing ~for.na.tion to t::e exte:-.t :'':at
the dererminadon or just compensation is ::a.sed thc:-::cn:
fA) Tne dale of valuation used.
(B) Tne highest and best use of the prope::y.
lC) Tne appiicJ.ble zoning.
(D) Ide:1tification of some of the sales. c~ntracts to se!l3..r:d PU~::2.se,
and leases suppo~ing the determination of value.
(El If the prop-<::ty is a per-...ian of J.large:- pa~e!. a desc:-:ption of the
large.. parcel. with sufricient de~l for re:lScnable identu:c:ltlon.
(2) With respect to each sale. cone-act. or lease provided in accordar:ce
with (I)(D) above. the following dat.1 should be provide::
(A) Tne names and business or residence addresses. if '-"'lawn. of the
pa.:1..ies to the L"":l!1Saction.
(B) Tne location of the prope:1y subject to the t..'"JJ1sac:..icn.
(C) The date of transaction.
(D) Tne pric: and othe.. significant te:ms and circumst.3l1ces of the
tnnsaction. if k..:10wn. In lieu of st:l.tmg L'1e othe.. ter::ns and circ~.
stances. the public e:1tity may. if the docume:1t is available fcrinspec~on,
st:lte the place whe:e and the times when it is available for inspection.
(3) The require.::ne:1ts of this subsection do not apply to requests reade
a...'i:er an em..ine:1t domain proc::cd.ing is coc:.menced.
(g) Whenever a part of a pared of profX::1Y is to be acquL.-':d. by a public
entity for public use:md the ~:::::l3.inde:, or a ?c~ion oft~ rC::J.ainde::-, will
be left in such size, shape or condition as to constitute an uneconomic
remnant the public e:1tity shall offer to J.cquin: the remnant if the owne:-
so desires. For the purposes of these Guidelines an "uneconomic ~::n-
nant" shall be J. pm::el of real prope:1Y in which the ownerre~:llns an inte:-
est after partial acquisition of his property and which has little or no utility
or ....alue to such owne:. (Nothing in this subsection is intended to limit
a public entity's authority to acquire real property.)
(h) Nothing in this section shall be construed to deprive J. tenant of the
right to obtain payment for his propeny intr::est as otheTVIis.e provided by
law.
(i) (1) Prior to comrnencc::nent of an eminent domain proceeding the
public entity shall make rea.sonable efforts to discuss with the owner its
offe;- to purch~ the owner's real property. Tne owner shall be given a
reasonable opportunity to present material which he believes to be rele.
vant as to the question of value and to suggest IDodificJ.tion in the pro-
posed terms and conditions of the purchase. and the public entity shall
c:lrefully consider the owner's presentation.
(2) Prior to commencement of an emine:1t domain proceeding, if the
evidence presented by an owner or a material change in the characte: or
condition of the propeny indicates the ned for a new appraisal or if a sig.
nificant de!3.y has occurred sine:: the determination of JUS! compensation.
the public entity shall have its appraisal updated. If a modiiication in the
public entity's determination of just compensauon is w3l7J.llted. an ap-
propriate price adjustment shall be made and the new amount determined
to bejust compensation shall be promptly offered in writing [Q the owner.
(j) (1) In no event shall the public entity eithr:: advance the time of con-
demnation. or defer negotiations or condemnation on the de9ositoffunds
in court for the use of the owner, or take any other action coercive or mis-
leading in nature. in order to compel or induce an agreeme:1tan the price
to be paid for the property.
(2) If any interest in property is to be acquired by exercise ofthe power
of eminent domain. the public entity shall promptly institute form~ con.
demnation proceedings. No public entity shall intentionally make It nec.
essary for an owner to institute legal proceedings to prove the fact of the
taking oflhis real property.
Page 277
/3;= -1;;.<1-/3
{.1-1.90l
96184
BARCLAYS CALIFOR:-;IA CODE OfREGlLATIOSS
Title 2.3
! 61 M. Notice 01 Decision to Appraise.
The: pubEc entity shill ;:rovic::: the ownc::' with writtC::1 netice orits de-
cision to J.p~s.: the re:ll ?rope:ty as soon as possibie afte: the decision
to aocrus.e has be::n reached. Tne no tic: shall state. as 3. minimum. tha.t:
(;j A specific ar::l is be:ng conside:ed for a particub.r public use:
(bJ Tne Qwne:"s prope:-:y has been determined to be located wi.thin the
are:l:. and
(e) Tne owne:-'s propc:i.y, which shall be generally deSC'7'ibed. may be
acquired in cOMection wi!.., the public use.
96186. Time 01 Offer.
The public e:1tity shall ::nak.e its flrst \\-nnen offer as soon as practicable
following se:vi~ of the r-;otic:e of Decision to Appnise. (See section
6184.1
96188. Notica 01 Land Acquisition Procedures.
(a) At the time the pubEc entity notifies an ownerofits decision to ap.
praise I't::ll property it shall furnish the owner a written explanation of its
land acquisition proo:dures, describing in non-technical. undeiSt:l!1d.
able terms the public entity's acquisition procedures and the principal
rights and options available to the owne:".
(b) The notice shall include the following:
(1) A des..'7iption of the basic objective of the public entity's land ac.
quisition prognm and a refe-:ence to the availability of the public entity's
St:lte:ne:1t covering relocation benefits for which an owner-occupant
may be e!ig!ble~
(2) A st.:ltement that the owner or his representative designated in writ-
ing shall be given the opportunity to accompany e:l.ch appniser during
his inspection of the propeny.
(3) A statement th:l.t if the acquisition of any part of real property would
le:l.ve the owner with an uneconomic remnant as defl1led in subsection
6182(g) the public entity will offer to acquire the unet:onomic remnant;
if the owner so desires;
(4) Astate::nent that if the owner is not satisfied with the public entity's
offer of just compensation he will be given a reasonable opportunity to
present relevant material, which the public entity will cardully consider,
and that if a voluntary agreement cannot be re:l.ched the public entity, as
soon as possible, will either institute a formal condemnation proceeding
against the propeny or abandon its intention to acquire the property. giv-
ing notice of the laner as provided in section 6190.
(5) A statement that construction or development of a project shall be
so scheduled that no person lawfully occupying real property shall be fC-
quired to move from a dwelling (assuming a replacement dwelling as reo
quired by these Guidelines will be available) orto move his business or
farm operation without at least 90 days wrinen notice from the public en-
tity of the date by which the move is required~ and
(6) A statement that. if arrangements are made to rent the property to
an owner or his tenant fora short term or for a period subject to tennina- .
tion by the public entity on short notice, the rental will not exceed the less.
e: of the fair rental value of the property to short term occupier or the pro
rata portion of the fair re:1tal value for a typical rental period.
If the owner or tenant is an occupant of a dwelling. the rental for the
dwelling shall be within his financial means. (See subsection 6008(c).)
96190. Notice 01 Public Entity's Decision Not to Acquire.
Whenever a public entity which has forwarded a Notice of Decision
to Appraise or has made a flI1Il offer subsequently decides not to acquire
the property. the public entity shall serve a notice in writing on the owner,
all persons occupying the property and all other persons potentially eligi-
ble forrelocation payments and assistance. This notice shall state that the
public entity has decided not to acquire the property. It shall be served not
later than 10 days following the date of the public entity decision not to
acquire.
96192. Incidenmi E.tpenses.
lithe re:li prope::.? is 3.C.::;'...:~ed by purc!1a.se. t:-:c public e:n:ty shall pay
all re:lSonable :::q~cnses inc;c.ent to tr3Ii.sfe:. Among the e:q:<::1So:::; n::qui:.
ing payment ar:: ret:ording fe::s. tr3J1sfe~ fe::s and 5:milar expc:1scs inci.
de:1t to the conveyance of re:J...! prof<::ty. and the pro rlt:l. per.ion of
charges for public servic: such as wate:. sewage and tnsh ccile:::tion
which are allowable to a pc:::od subs.eque:1t to the date of 1l'"J.r:sfer of title
to the pubtic e:1tity or the effet::ive date of possession of suc;,. property
by the public entity, whicheve: is earlie:-. Tne public entity shall inform
the owner that he may apply for a rebate ofrne pro rata ponion of any real
property taxes paid.
HISiORY
1. Ame:tdment flied 11-5-76 as an e:nefZe:lC'''; desi~ated effective 11-27-76
fRegister76, So.~}. -'-
2_ Certi.ficale ofCcmpliance fijed 2-1~77 (Registe: 17. ;';0. 8).
96194. Short Term Renml.
(a) If the public permits a.n owner or tenant to occupy the real property
acquired on a rental basis fora. short-u::m or fora period subjet:: to termi.
nation by the public entity on short notice. the amount of Te:1t required
shall not exceed the less<, of the fairrt:ntal value to ashorl-t= ocoupic::
or the pro rata portion of the fair re:1tal value fer a typical fe:1tal period.
If the owner or tenant is an occupant of a dwelling. the rent.1.! for the
dwelling shall be within his financial means. (Se: subse:tion 6008(c).)
(b) A post-acquisition te:1ant who occupies real propeny acquired on
a rental basis for a short te:'m and who is informed that the prcpe:ry has
been acquired for a public use shall be given not less than 30 days notice
of te:mination of the tenancy. -
HLSTOR'l'
1. Amendment or subsection (bl filed 11-5-76 as an emergency; de,ignated er-
fective 11-27-76 (Register 76. :-';0. 4-l).
2. Certi.fic:lte of Compliance filed 2-1~77 (RegisteT 77, No.8).
96195. Public Inlormatlon.
The purchase price and other consideration paid by the public entity
is public information and shall be made available upon request.
~ 6196. Service 01 Notice.
Service of all notices required by this article shall be made either by
flrst class mail or by personal service upon the person to be notified.
96198. Nonpossessory Interest Exception.
The provisions of6182Ibl.lc).ld)(41. and If) and 6188 shall not apply
to the acquisition of any easement, right-of-way. covenant or other non.
possessory interest in real property to be acquired for the constrUction.
reconstruction. alteration, enlargement., maintenance. renewal, repair or
replacement of sub-surface sewers. waterlines or appurte:1ance. drains.
seplic tanks. or storm water drains.
Attachment A
Minimum Contents of Informational Statement{s)
Ilem To Be Incl1J.ded
1. General description of the nature and types of Oleti.
...ities that will be undertaken, including an iden.
tification of ~as which may in...olve displace-
ment. A diagr3mmatic ske!.Ch of the project are.a
should be artached.
2. Statement that public action may result in displace.
ment but that no one 1a'Wfully occupying proper-
ty will be required to surrender possession with
out at least 90 days' written notice from the pub-
lie entity and no one will be required to move un.
til90 days after the provision of information.
3. Assuranee that families and individuals will not be
required to move before reasonable offers of de.
cent, safe. sanitary and otherwise comparable
housing within their fInancial means have been
made. except for the causes set forth in the local
agency's eviction policy (which shall be in accor-
dance with section 6058.)
~F -/~S-~
For Dislriburion
To
Business
Concerns
a.,d Olhers
Displaced
Person;
x
x
x
.X
x
Page 278
(.1-1_901
Tit!e 15
D€part'T'ient of Housjr~ and Community Deye!opmenr P:ugr-JlTlS
4 65,~o
ForD,s:r:al.<llOr.
T"
Dls:;ia.ce::
Pasons
8l.<Sln~.H
COII('~rns
and Otiurs
!t~mTo8elru:!J.Jded
~. Genen.! desc"lPtion ofrypes ofre!oc:lllon p30ymenCS
.1v3.i!.:lble. inc!udin~ !!:ener.ll eu!!:ibiLrv c-icena.md
3 c::1Ut:en 3g:JI!lSI ?~-rr13rurz moves :h:lt mlg.ht re.
suit in ~ess of d..ig:lbwty fer 3 payment.
S. Idenufic.J.ticn of the 1gency's relOCJ.lJOfl prog;.J.lTI
and J. descnpLion of the re!oc.J.(]on ser',"lCes. md
301ds th:ll will be J.v:lilible.
6. E:'lcour:l\!:ement to \'isit the :l!!:ency's re!OC:ltion of-
fi~ .md cooper::lCe Wllh Ute stJ.ff. The addn:ss.
te!e?nl.'fle numbe~. md hours of the reloc:lllOO of-
fi~ should be spe::lfied.
7. Inicrm3tlCrL on repl:1cemem housing. including:
3. Br:e f description of wh.:1t ccnstillltes compar3-
bJe repi.:J.cement housing. ,including physic:ll
stJ.nd:u-ds.
b. L:l;.men's desC7iption of Feder::ll f:llr housing
bw (Tille VUI orClvi] RI!!:hts Act of 1963). 3nd
3ppLic:J.ble S t:1te and locaf fair housi.".!? law,S. :lS
well 3S i1WCS under TJtle IV of the Cj~'il RJ!?hts
Act of 196-1. .,.
x
,
x
c. S(.1tement th:lt the public entiry (or its agent)
will identify comp3r:lble repucemenl dwellings
within the financial means of and othef\l..ise avail-
:lble to dispbced persons and will provide .1ssis-
unce to persons in oOtJ.ining: housing of their
choice. including J.Ssisunc:=- in the rdemlofcom-
pl.1inlS of discrimination to the :lpprOpri3ote Feder-
aL St.J.t:=' or loe:ll faU' hOUSlIlg: enforcement agency.
d. StJ.t:='ment th:lt persons m3Y seek their own
housing aCcommodJ.tions and urgl!lg them. if they
do so. to notify the reloc::ltion office prior to m3k-
ing a ccmmiunentlo purch::lse or OCC'Jpy the
propeny.
8. StJ.tement that the public entity will provide m3xi
mum 3ssist..mce in 1000tinl!: reloc3tion J.ccoouno.
dallons.including o:msulution with the Small
Business AdministrJ.tion and orher l!;ovemmenul
ae.encies which miwt be of assisw:i:ce.
9. Sutement de:!:O'ibing requirement for prior notifi-
cation to the agency of the business ooncem's in.
tention to move.
10. Summary of the local agency's eviction policy.
which shall be in .1ccordance with rhe provisions
of section 6058.
It. Statement describing the sgency's grievance pro-
cedure. its purpose. and how itmaybe used. which
procedure shaU be in accordance with the provi-
sions of ArLicle 5.
x
x
x
x
x
x
Subchapter 2. California Low-lncome
Home Management Training Program
NOTE: Authority cit:='d: Sections 41226 and 50626. He3lth :lnd SafelY Code. Ref-
erence: SecUons 41220-41229 and 50625-50629. He:llth and SJfely Code.
HinoR Y
1.Renwnbering: from Chapter I.Subchapter4 (Sections 1500-1520.notcons.ecu_
tive) to Chapter 6. Subchapter 2 (Sections 62()()..-{i220. not consecutive) filed
1-28-77 as procedural and orga.n..ization.1l: effective upon filing. (Regisl.(:r 77.
~.o. 5). For prior history. see Regisl.(:r 76. No. 18.
2. Repe3ler of Subchapter 2 (Articles 1-2. Sections 62()()..-{i220. not consecutive)
filed 6-19-80; effective thirtieth day thereafter (Register 80. No. 25).
Subchapter 3. Housing Element Guidelines
NOTE: Authoritv cil.(:d: S<::ction 50459. Health and Safetv Code: and Section
. 65302(c). Gove~menl Cooe. Reference: S~tion 65302(c): Government Code.
HlSTOR Y
1. Renumbering from Chapter I.Subchapl.(:r5 (Sections 1600-1650.notconsecu_
tive) to Chapter 6. Subchapter J (Sections 6300-6350. not consecutive) rued
1-28-77 as proc~dur:i.1 and organizational: effective upon filing (Register 77.
i'io. 5). For prior history. see Register 76. No. SO.
2. New Subd:iapter 3. Articles 1-3 (Sectioos 63CX)-..6350. not consecutive) refIkd
4-1-77 as an emergency: designated effective 4-5-77 (Register 77. No. 14).
. ~~;J.~ ~~~'t;~~;~?%~~.:~~;;~;~~j:J~~~:~~~~~7"~~~~~~~~~~~\. ~~~:e)~
4. C::'rtif.c:lte ofC:cmpii.lnce tiled 11-:9---; IRe-;me:- --. :\0. .N.. 5. Rer~J!e:-of
Subchaptc=:- ~~ (Sc=~:ons 6~CO-6.:50. not c::nsC='::.JlJve) fiid 6-~~.:: e:'ft::ll\.~
thlf".Jeth day ther::.1:i.er (Re~lster S'::. :\0. ::":i.
5. R.:p<:aIer ofSubc:u~te:-.: (S.ecticm 6.:0Q-.6.:50. nOl cor:s.eCt.l!l\"~l flied 6-9-32.-
effecuve thlf"o..lem d:lY there3fter (Re~pst:='r 5:_ :-;0. 2~1. ..
x
.,
Subchapter 4. Housing Element Guidelines
x
NOTE: Authority Cil~d: Se::tion 50-159. He:Jlth and Safety Code. and S<:ction
65::02(c). Gove..,ment COC!~. Reference: SecliCf1 65::0:(c). Government Code-.
HISTORY
1. :-":ew Subchap~r 4 (Se:ctions 6-J00-6473) filed 12-7-77; e[[:;:,c:.Ive rhir..Je:h dav
thereaftc:r (Reg.:s~r ii. ~o. 501. .
2. r\rnendment fIled 5-1- i9 JS an emergenc:;: effective upon fI..L:ng (Register i9.
:-;0.18).
:. Amendment fi.led 3--28-79 JS an emerge:.c::: effe::ll\.e upon tiling (Re-!?isle-r
79.:-;0.35). ACeruflC:lleorCompliJncemuslbe rued witJun 1::0 days or:mer_
gency langtUge wiU be repealed on 1::-26-79.
4. Certificate ofC~p]jJnce fIled 10-23-79 (Register i9. ~o. -13).
5. Repe:llerofSubch::1pter.t (Sections 6~-I80. not consecutive) fLied 6-9-32:
effective thirtie:h day there3oftc:r (R:gisl:r 82. :-":0. 24). For prior history. see
Register 80. ~o. 18.
Subchapter 5. Department of Housing and
Community Development-Conflict of
Interest Code
x
S 6.500. General Provisions.
The Pol.itic.J.J Reform Act. Government Code Sectirns 81OC<J. er seq..
requires Slate and local government agencies to adopt a.cd promulgate
Conflict of Iotcresl Cedes. Tne Fair Political Practices Commission has
adopted a regub.tioc. 2 Adm. Code of Regs. Section 18730. which con.
tains the terms of a standard Conllict of Interest Code. which can be in-
corporated by reference. and which may be amended by the Fair Political
Practices Commissicn to conform La amendments in the Political Reform
Act after PJblic notice and hearings. Therefore. the terms of2 Cal. Code
of Regs. Sectioo 18730 and an)' amendments to itduly adopledbythe Fair
Politic::d Practices Commission. alcng with lhe aaacbed Appendix in
which officials and employees are designated and disclosure categories
are sct forth. are hereby incorporated by reference and coo.SUtute the Con-
fliCl ofIntereSl Cooe of the Department md Commission ofHoosmg and
Community DevelopmenL
Designated employees shall file SL1teme:J.Ls of economic interests with
the agency wbo will make the slatements available for plblic.inspection
and reproduction. (Gov. Code Section 81 (08). Upon receipt of the st.ale~
ments of the Director. the agency sball make and retain a copy and for~
ward the original oftbese statements to the Fair Political Practices Com~
mission.
NOTE:: AuthCt'ity cited: Section 87300. Government Code. Reference: Sections
81001. 87300 and 873t1. Gevernment Code.
HISTOR Y
1. 0eW subchapte.r 5 (sections 6500-6510 :md Appendices. A. ~ .and C) f~ed
2-17-78: effecuve thirtieth day there.after. Approved byEurPoliuc301 Pracuces
Commission 10-4-7i (Regisl.(:r 78. No.7).
2. Repe301er of subchapter 5 (sections 65{l(}....6510 llIld Appendices A-::) an~ ~c;
subd:i3pter 5 (secllon 6500 md -:\ppen.d.i..q flled ~-26-81; ef!"e~uve ~~80
day there3ner. Approved by FJU" PoulJc301 Pr.1cuces CommiSSion 1_-1
(Register 81. No.9).
3. Repe31er of subchapter 5 (section 6500 md Appendix) and new subd1.:sP~ 5
(section 6500 and Appendices A and B) filed 3-19-85: effective ~on ~. a1
pursuant to Government Code section 11346.2(d). Approved by F.:slr Peliuc
Practices Commission 2-13-85 (Regisl.(:r 85. No. 12).
4. Amendment of Appendices A md B rued 11-17-$39; operalive 12-17-~9. ff)-
proved by Fair PolitiC31 Pr30ctices Commissien 5-25-89 (Register 89. No. .
5. Amendment filed 2-1&-92: oper:Itive 3-19-91. Submitted toQAL forl?rintin"')g.
only. Approved by Fa.irPouticaIPr:lcti~s Commission 12-17-91 (Reglster9-.
No. 12).
. and
6. Chang~ without regu1Jtcry effect amending second par:l~ph of se~llon. 1-
amendmg AppendixAmd 8 filed6-27-96 pursuant to seClJon 100. tlUe l.ea
x
Page 279
t5F - /':U:> -13
RqiJl"f96.No.26:6-:S-96
Ii 6';:C;)
BARCU.YS CAl.IFOR.'<1A CODE OF REG1..l..ATlO1'iS
Title ~:
ifcmia Cooe of ~~:;u!.J.ticns 8.:;Js:.:r 96. :"0. 16). A.pproved by F:lir Politic:J.!
PrJctlc:S CommlsS1C1l 5-1-96.
Appendix A
Designated Positions
Persens in the following classes or positions are designated employees
mdsballma...l.::;: the typescfdisclosures set forth in the disclosure C.1legory
listed oPIXJsite!.he positico.
CLUS OR POSITiON
DISCLOSURE
CATEGORY
OJjlce a/the Diucror
DlIector. Chief Depury Dir:ctor: Deputy. Directors:
Assist:mt to the DireClDr. Assisurn DlIector for External Affairs:
Assisunt for Policy Development:
StJ.ffS<=rvic:s :-'1:m:1g.:r (allleve!sl:
Associated Govemm.:nul Prog::ram Analyst
LegalOffia
ChiefCounseL-'Oei'ury Direc:or. SuffCounsel (alllevelsl;
Dil'ision of Administration and Jfanagemenl
DepuryDirector............ ............... ...................
SuffServic:s ~bn;lgerS (all levels):
D:1t:l Proc~ssin~ ~l;U;aeer (alllevelsl;
Suff programffier Anaiyst.: Sufi' Information Systems Analyst.:
Associate Progr:1m.rner Analysts (Spec. & Supv.)
Assoc. Information Systems Analysts (Spec. & Sup....)
Accountine Adminisntors (allleveis):
Accountin~ Officers (alllevelsl: Accounting Analysts (:111levelsl:
Business S-.:r.'ic: OfflC:rs (alll.:velsl: Business Servic~ Assisl..lnt.:
Associate Govemmenul Prognm Analysts:
SuffS.:r.'ices Analvsts (except ll'l the Personnel Office):
~tanagemenl ServiCt-$ Tedullc:an: Business Management.: ........ ....... 3
L~gjSU:zliv~ Division
Deputy Direcl.Or. Assist.3I1t Deputy D~ctor . . . . . . . . . . . . . . , . . . . . . ,. ,.. 1
SuffServices M3Jlagers (all levels):
Associ:1te Govemm;nul Prog;r;un Analyst.
SuffServices Analyst....................................'... 2 & 3
Audit Division
Chief. Sufi' Manaeement Audil.Or.
Suff Services ~~..agement Audil.Or. Associate Management Auditors ..... S
Housing Policy Develop~nJ Division
Deputy Dm:ctor: Assistant Deputy DJ.rector,
Housing and Community Development Managers (a111evels):
Housing and Community Development Specialists (all Ievels);
Housing and Community Development Representatives (lIll1cvels);
Cod~s and Standards Division
Deputy D~ClDr. Assistant Deputy Director. Assistllnt Chief. . . . . . . . . . . .
Civil Engineers (aU levels);
Codes and SLmdards Administt'3tors (all levels);
District Represc;nutives (all levels): Suff Services Manager I:
Associate Architect: Mobilehome Registration Manager.
Mobilehome Registrauoo Supervisor III:
Mobilchome Reg.istr3tion Specialist.: ............................... 4
Community Ajfair~ Division
Deputy Director. Assisunt Deputy Director.
Special ASSlSunt to the Deputy DJ.rector ............................
Housing. and Community Development Representatives (all levels):
Housin~ md Community Development Specio.lists (alllevelsl:
Califoriii3 lndim Housing Represenutives (all levels);
C3lifomia Indian Hoosing Mmagers (all levels):
Housing and Community Development Managers (all levels);
Associate Governmental Program Analysts;
Manazement Services Tcchrucians:
Suff S.:rvices Analysts:
Housine Consuuction and Rehabilitaticn Specialists:
Loan and Grant Committee Members. . . . . . . . . . . . . . . . . . . . . . . . . 2
Consultants'"
.Consulunts shall disclose pursuant to the broadest disclosure category in the
code subject to the following: limitation:
"
The DU"ec'.Cr may d.e~e::nme :n wncng. that 3 par"":C'':l.:Lr consutunL J,:t."1.oug..:" 1
~deslg:r:3ted poJSiL:Cf\-.lS htred to perform.1 r:mge oi d~l;es m.1llS l.:mneti ll'l sco~
J.l1d thus IS not requ1I'~ \0 fuily ccmply WIth the dlSC:Osur~ requ~ments In thIS
se'::'tJan. Such written ce:.::muw...on sh3.UlI'lc!ude 3. descnpllon ot the ccnsulUnt
duues and based upen t.."1.at descnpuon. a sUtemenl of me extent of disc!~u~ re.
qu~ments. The Dtrec:or's determinauon is! public r:cord md mall be retained
for public lIIspectlcn:n the same m.mner snd locat}C{\S as uus conflic: of mte<est
code.-
NoTE.; Authcnrv Clle::: Sectlon 87300. Government Code. Refe~n~: Sections
873(j().....S73 I I. Go\'err.rnent Cod.:.
Appendix B
Disclosure Categories
Financial interests of employees holding positions designated in this
section are to be repor.ed in statements of economic interests as follows:
Designated Emplo~'ees in Category I must rerm;
(a) All investme:1lS and any business positicns in any business entity:
(b) All sources of income:
(c) All Interests II; rea.l property (excluding one's primary personal res-
idence).
Designated Employees in Category 2 must re?Jrt:
(a) All Investments. business positicns in. or sources of income from
any e:J.tityof the type which bas. in any manner. been afiected byor sub-
ject to deparunenulregulatioos ar policies (excludingregulatioos or po-
licies regarding building or energy standards).
(b) All invesunents. business positions in or sources of income from
any entity engaged in the design of. development orrehabilitatico. of. sale
or purchase of. or investment in real property. manufactured or factory-
built housing. _
(c) All investme::::ts. business positions in or sources of income from
any entity engaged in the design. developmenl. rehabilitation. or con-
suuction of public facilities.
(d) Any interest in re.11 property (excluding ooe's primary persooal
residence) situated in any jurisdiction receiving or eligible for funding
from or through the section to which the designated employee is assigned.
(e) Investments. business positions. or sources of income from any en-
titywhich is situated or doing business in any jurisdictionreceivingoreli.
gible for funding [romar through the section to which the designated em.
ployee is assigned.
Designaled Employees in Category 3 must report.:
Investments. business positions in. or sources of income from any
business entityoflhe type which contracts with the departmenltD provide
or obtain supplies. materials. services. machinery. or equipmenl.
Designated Employees in Category 4 must report.:
Investments. business positions. or sources of income from any busi.
ness entity which has been subject to or affected by any regulations or po.
licies of we departmeIlt relating to mobilehomes. manufactured homes.
factory-builthcusing. mobilehome parks. labor camps. recre.3.ticnaJ ve.
hicles. commercial coaches. or any other programs or policies ad.minis.
tered by the division.
Designated Employees in Category 5 must report:
Investments in. income from. and positions held with business entitites
which were We subject of an audit during the reporting pericd. If we em.
player has not participated in an audit during the reporting pericd. If the
employee has not participated in an audit during the course of the report-
ing period in which he or she has a fmandal interest. then the employee
shall sign a statement to that effect under penalty of perjury. Such state.
ment shall be moo and processed as though it were the disclosure state-
ment required by the Standard Code. Nl employee who participated in
an: audit in which he or she has a fm.ancial in terest shall disclose that inter-
estas described above. but such statement shall be delivered to the filing
offer who will me the statement as a public record.
NOlE: Authority cited: Section 87300. Government Code. Reference: Sectioos
873()()...87311.Govemment Code.
* * *
Page 280
eF-I,;J..7-Lj
Rtli>tc:r96.~o.26;6-:S-96
SECTION G
An Analysis of the Preliminary Plan
The Preliminary Plan for the Amendment ("Preliminary Plan") was approved by the City of
Chula Vista Planning Commission ("Planning Commission") on July 23, 1997 by Resolution
BF RDPP
No. ~ and accepted by the Agency on October 7, 1997 by Resolution No. 1558 . The
Preliminary Plan described the boundaries of the Project Area and included general statements of
the proposed land uses, layout of principle streets, population densities, building intensities, and
building standards. It also addressed how the Redevelopment Plan would attain the purposes of
the Law. It discussed the conformance with the City's General Plan and discussed the impact
upon residents and the surrounding neighborhood.
The Redevelopment Plan conforms with the standards and provisions of the Preliminary Plan, as
detailed below:
· Proiect Area Location and Description: This section of the Preliminary Plan describes the
boundaries of the Project Area. As set forth in both the Preliminary Plan and the
Redevelopment Plan, the Amendment would add approximately 398 acres of tidelands
property within the jurisdiction of the Port District to the 637 acre Existing Area.
· General Statement of Proposed Planning Elements: This section of the Preliminary Plan
addresses various planning guidelines and policies that have been incorporated into the
Redevelopment Plan. In general, the Redevelopment Plan provides that Project Area land
uses, proposed layouts of principal streets, proposed population densities, proposed building
intensities, and proposed building standards shall be subject to and controlled by the City's
General Plan and Title 19 of the Chula Vista Municipal Code, the Local Coastal Program, the
Port District's Master Plan, and all other state and local building codes, guidelines, or
specific plans, as they now exist or are hereafter amended.
t3F -I.:J 'i' -13
Rosenow Spevacek Group. Inc.
June 2, 1998
Chula Vista Redevelopment Agency
G-l Bayfront Amendment No.5 - Report to the City Council
. Attainment of the Purposes of the Redevelopment Law: This section of the Preliminary Plan
generally sets forth the objectives of the Amendment. To this end, the Redevelopment Plan
contains a detailed list of redevelopment goals that permit the Agency to complete its
redevelopment program to eliminate persisting blighting conditions in the Project Area.
. Conformance to the General Plan of the City: Both the Preliminary Plan and Redevelopment
Plan conform to the standards, policies and provisions of the City's General Plan and Title 19
of the Chula Vista Municipal Code, the Local Coastal Program, the Port District's Master
Plan, and all other state and local building codes, guidelines, or specific plans, as they now
exist or are hereafter amended.
. General Impact of the Proposed Proiect Upon the Residents of the Proiect Area and
Surrounding Neighborhoods: This section of the Preliminary Plan states that residents in and
around the Project Area will benefit from improved infrastructure and public facilities,
affordable housing in the community. and enhanced employment and economic activity
effectuated by the Amendment. The Redevelopment Plan provides the Agency with the
redevelopment tools necessary to achieve these positive impacts.
~F -1,;)1 -13
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
G-2 Bay/ront Amendment No.5 - Report to the City Council
SECTION H
The Report and Recommendation of the
Planning Commission
,
The Planning Commission adopted its report and recommendation on the conformity of the Plan
SF RPA
with the City's General Plan on May 27, 1998 by Resolution No.~ ("Resolution"). A copy
of the Resolution is incorporated into this Section of the Report. Pursuant to the Resolution, the
Planning Commission found that the Plan is in conformity with the City's General Plan and
recommended that the Agency and the City adopt the Plan.
6F-(30-e
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
H-l Bayfront Amendment No.5-Report to the City Council
.
.~
RESOLUTION BF RPA No. 5
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION MAKING
ITS REPORT AND RECOMMENDATION TO THE CITY COUNCIL/REDEVELOPMENT
AGENCY CONCERNING THE PROPOSED REDEVELOPMENT PLAN AMENDMENT
NO.5 FOR THE BAYFRONT REDEVELOPMENT PROJECT AND ITS CONFORMITY
TO THE CITY'S GENERAL PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the
Bayfront Redevelopment Project ("Project"). and the City Council has since amended said
Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No.
2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1 994 by Ordinance No.
2608; and,
WHEREAS, the Planning Commission did approve a Preliminary Plan on July 23, 1997,
which initiated the preparation of a fifth amendment to the Redevelopment Plan for the Bayfront
Redevelopment Project ("Amendment"); and,
WHEREAS, Section 33346 of the California Community Redevelopment Law ("Law")
provides that before the proposed Amendment is submitted to the City Council for consideration, it
shall first be submitted to the Planning Commission for its report and recommendation concerning the
Amendment and its conformity to the City's General Plan; and
WHEREAS, Section 65402 of the Government Code provides in part:
"If a general plan or part thereof has been adopted, no real propertv shall be acquired
by dedication or otherwise for street, square, park, or other public purposes, and
no real property shall be disposed of, no street shall be vacated or abandoned, and
no public building shall be constructed or authorized, if the adopted general plan
or part thereof applies thereto, until the location, purpose and extent of such
acquisition or disposition, such street vacation or abandonment, or such public
building or structure have been submitted to and reported upon by the planning
agency as to conformity with said adopted general plan or part thereof...
A local agency shall not acquire real property for any of the purposes specified in
paragraph (a) nor dispose of any real property, nor construct or authorize a public
building or structure, in any county or city, if such county or city has adopted a
general plan or part thereof is applicable thereto, until the location, purpose and
extent of such acquisition, disposition, or such public building or structure have
been submitted to and reported upon by the planning agency having jurisdiction,
as to conformity with said adopted general plan or part thereof..."; and
WHEREAS, the Planning Commission has received and reviewed the Amendment in
the form attached here to as Exhibit "A"; and,
WHEREAS, the Amendment, as proposed would revise the Bayfront Redevelopment
Plan's land use controls, permitted uses, public uses, interim uses, and general land use controls and
limitations, in a manner consistent with the General Plan as follows:
Section 618 of the Amendment provides that public improvements to be undertaken
by the Chula Vista Redevelopment Agency ("Agency") are identified in the General
Plan (as well as the Local Coastal Plan, and the City and San Diego Unified Port
~F -1.3/ -Lj
BF RPA No.5
Page 2
District's ("Port District") Capital Improvement Programs), and incorporates said
documents by reference; and
Section 627 of the Amendment provides that all development, whether public or
private, must conform to this Plan and all applicable federal, State, and local laws,
including without limitation the General Plan, Title 19 of the Chula Vista Municipal
Code, Local Coastal Program, Port District's Master Plan, and all other state and
local building codes, guidelines, or specific plans as they now exist or are hereafter
amended; and
Section 628 of the Amendment provides that all real property sold, leased or conveyed
by the Agency, as well as property subject to Owner Participation Agreements
between the Agency and property owners, shall be made subject to the provisions
of the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal
Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended; and
Section 701 of the Amendment provides that the land uses permitted by this Plan shall
be those permitted by the General Plan, Title 19 of the Chula Vista Municipal
Code, Local Coastal Program, Port District's Master Plan, and all other state and
local building codes, guidelines, or specific plans as they now exist or are hereafter
amended; and
Section 703 of the Amendment provides that the street system in the Bayfront
Redevelopment Project Area ("Project Area") shall be developed in accordance
with the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal
Program, Port District's Master Plan, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended; and
Section 706 of the Amendment provides that any interim uses shall conform to the
General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program,
Port District's Master Plan, and all other state and local building codes, guidelines,
or specific plans as they now exist or are hereafter amended; and
Section 707 of the Amendment provides that no real property shall be developed,
redeveloped, rehabilitated, or otherwise changed after the date of the adoption of
this Plan except in conformance with the goals and provisions of this Plan and the
regulations and requirements of the General Plan, Title 19 of the Chula Vista
Municipal Code, Local Coastal Program, Port District's Master Plan, and all other
state and local building codes, guidelines, or specific plans as they now exist or are
hereafter amended; and
Section 707 of the Amendment also provides that the type, size, height, number, and
use of buildings in the Project Area will be controlled by the General Plan, Title 19
of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master
Plan, and all other state and local building codes, guidelines, or specific plans as
they now exist or are hereafter amended; and
Section 710 of the Amendment provides that the number of dwelling units in the
Project Area shall be regulated by the General Plan and the Port District's Master
Plan; and
Section 711 of the Amendment provides that the amount of open space in the Project
Area is to be the areas so designated by the General Plan, Title 19 of the Chula
~F -1.3~ -~
.~.
BF RPA No. 5
Page 3
Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all
other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission
hereby:
Reports, finds, and determines that the Amendment No. 5 to the Bayfront
Redevelopment Plan conforms to the General Plan.
Recommends that the City Council and Agency adopt the Amendment.
Finds and determines, pursuant to Section 65402 of the Government Code, that the
location, purpose and extent of any acquisition or disposition of real property for
street, square, park, or other public purpose by the Agency for the purpose of
carrying out the Redevelopment Plan conforms to the General Plan of the City.
Authorizes and directs the officers, employees, staff, consultants and attorneys for the
Planning Commission to take any and all actions that may be necessary to
effectuate the purposes of this resolution or which are appropriate or desirable in
the circumstances. In the event that prior to the adoption of the Amendment, the
Agency or City Council desire to make any minor, technical, or clarifying changes
to the Amendment, the Planning Commission hereby finds and determines that any
such minor, technical, or clarifying changes need not be referred to it for further
report and recommendation.
This Resolution shall constitute the report and recommendation of the Planning
Commission on the Amended Redevelopment Plan to the Agency and City Council
pursuant to Section 33346 of the Law.
PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING COMMISSION
this 27th day of Ma v , 1998 by the following vote to-wit.
AYES;
Chair Davis, Commissioners Aguilar, Willett, Tarantino,
Thomas, and O'Neill
NOES:
ABSENT:
ABSTENTIONS: Commi ss; oner Ray
Chairperson
~~r~
Secretary ~
H :\Horne\CommDev\ROAmend\BYreso. cc
IBF -1.33 -13
SECTION I
Public Participation
Pursuant to Section 33385.3 of the Law, formation of a project area committee was not required
because the Amendment does not propose to extend the authority of the Agency to acquire by
eminent domain property on which persons reside.
In lieu of a project area committee, the Agency held two public forums to solicit community
input on the Amendment. Notice of the public forums was included in the mailed notice of joint
public hearing, which was mailed to all residents, business o'Wners and property owners in the
Project Area. The first forum was held on May 7, 1998, which 3 people attended; the second
forum on May 21,1998 was attended by 2 individuals. During these workshops, staff presented
the rationale and purpose of the Amendment, and answered questions.
The community may also provide input on the Amendment at the Agency/City Council joint
public hearing scheduled for June 9, 1998 at 6:00 p.m.
~F -1.3cj.-/3
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
1-1 Buy/ront Amendment No.5 - Report to the City Council
SECTION J
A Statement of Conformance to the
City's General Plan
.'
As set forth in Section H of this Report, the Planning Commission adopted Resolution No.
BF RPA
No, 5 on May 27,1998, which established that, pursuant to Government Code Section 65402,
the proposed Amendment is in conformity with the General Plan of the City.
I8F-I.3S -13
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
J-l Bayfront Amendment No.5 -Report to the City Council
SECTION K
The Final Environmental Impact Report
An Environmental Impact Report ("EIR") entitled the "Final Program Environmental Impact
Report-Town Centre IlBayfront Redevelopment Plan Amendment" (State Clearinghouse Number
98-021-056) was prepared in connection with the proposed Amendment by KEA Environmental,
Inc. The EIR reviewed all potential environmental impacts associated with the implementation
of the Amendment, and determined that, with implementation of the mitigation measures
contained therein, the Amendment would not result in any significant, unavoidable adverse
impacts.
A Draft EIR was circulated for a 45-day public review between March 9 and April 22, 1998,
after which the Planning Commission conducted a public hearing on the EIR on May 27, 1998.
On June 7,1998, the City Council is scheduled to certify completion of the Final EIR. A copy of
the Final EIR is included under separate cover and incorporated herein by reference.
~r-/~-A
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
K-l Bay/ront Amendment No.5 - Report to the City Coancil
SECTION L
The Report of the County Fiscal Officer
Concurrent with the original adoption of the Existing Area in 1974, the San Diego Auditor-
Controller prepared a base year report pursuant to Section 33328 of the Law ("Base Year
Report") that established the then last equalized assessment roll (fiscal year 1973-74) as the base
year roll for the purposes of the calculation of tax increment revenue. The Amendment does not
alter the base year of the Existing Area; the Agency will continue to collect tax increment
revenue generated by incremental value exceeding the Existing Area's 1973-74 base year value.
Because the Amendment proposes the Added Area to the Project Area, the Agency requested a
Base Year Report for the Added Area. On January 9, 1998, the County Auditor Controller
provided the Agency, and the affected taxing agencies, with a Base Year Report for the Added
Area, utilizing the 1997-98 assessment roll. According to The total 1997-98 Base Year value of
the Added Area is $43,834,980. (The State Board of Equalization provided a report on February
24, 1998 indicating the Added Area had no value derived from nonoperating, nonunitary
assessed values)
A copy of the Base Year Report for the Added Area follows in this Section.
LiF-/:3?-/3
Rosenow Spevacek Group, Inc.
June 2, 1998
Chulu Vista Redevelopment Agency
L-l Buyfronl Amendment No.5 - Report to the City Council
.
R08ECiT 800KE;;. Ed.D.
CHIEF FINANCIAL QFFICEMJ
AUOITOR AND CONTROLLER
(619) 531.5413
WILLIAM J. Ki:LL Y
AS51SiANT AUQITOR ANO CONTRClLE:t
AUDITOR AND CONTROLLER
1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101-2476
January 9,1998
".'.
/ ,
v._
Chris Salomone
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
""..
Dear Nlr. Salomone:
SUBJECT: BA YFRONT MlENDED REDEVELOPMENT PROJECT
_.
Enclosed is a copy of the Bayfroni Amended Redevelopment Project's Base Year Assessment Roll Report.
This report is prepared in accordance with Health and Safety Code Section 33328. The base year report
provides the taxable assessed valuation, the affected ta.xing agencies, the revenue derived by each taxing
agency from the base year, and the estimated project tax increment. The base year report will be the basis
for allocation of tax increment by the Auditor and Controller and includes the following information:
1. The total assessed valuation of all tlxable property within the project area as shown on the base
year assessment roll.
2. The identification of each ta.xing agency levying taxes in the project area.
3. The amount of tax revenue to be derived by each taxing agency from the base year assessment
roll from the project area, including state subvention for homeowners.
4. For each ta.xing agency, its total debt service ta.x revenue from all the property within its
boundaries, whether inside or outside the project area.
5. The estimated project ta.x increment available to the redevelopment agency, broken down by
taxing agency.
If you should have any questions, please call Rodger Johnson or Pete Redmann at (619) 531.5396.
Sincerely,
ROBERT BOOKER, MD.
Chief Financial Officer! Auditor and Controller
PTS:JRG:bs
t3r-/38 -~
Enclosure
CHULA VISTA REDEVELOPMENT AGENCY
BAYFRONT AMENDED PROJECT
BASE YEAR ASSESSMENT ROLL REPORT
PER HEALTH AND SAFETY CODE 33328
JANUARY 1998
/8F -/31 -6
T ABLE OF CONTENTS
.'
BAYFRONT AMENDED REDEVELOPMENT PROJECT
BASE YEAR ASSESSMENT ROLL REPORT
PER HEALTH AND SAFETY CODE 33328
TABLE OF CONTENTS
1
2
T ABLE I
-PER H. S. CODE SECTION 33328, (a).
THE TOTAL ASSESSED VALUATION OF ALL TAXABLE PROPERTY
WITHIN THE PROJECT AREA AS SHOWN ON THE BASE YEAR
ASSESSMENT ROLL.
3 - 6
TABLE \I-V *
-PER H. S. CODE SECTION 33328, (b),(c), (dl.
THE IDENTIFICATION OF EACH TAXING AGENCY LEVYING TAXES
IN THE PROJECT AREA.
THE AMOUNT OF TAX REVENUE TO BE DERIVED BY EACH TAXING
AGENCY FROM THE BASE YEAR ASSESSMENT ROLL FROM THE PROJECT
AREA, INCLUDING STATE SUBVENTION FOR HOMEOWNERS.
FOR EACH TAXING AGENCY, ITS TOTAL DEBT SERVICE TAX REVENUE
FROM ALL.PROPERTY WITHIN ITS BOUNDARIES, WHETHER INSIDE OR
OUTSIDE THE PROJECT AREA.
7 (A - C)
T ABLE VI
-PER H. S. CODE SECTION 33328, (e).
THE ESTIMATED PROJECT 1 % TAX INCREMENT AVAILABLE TO THE
REDEVELOPMENT AGENCY, BROKEN DOWN BY TAXING AGENCIES.
8 lA- C)
T ABLE VII
-PER H. S. CODE SECTION 33328, (e).
THE ESTIMATED PROJECT DEBT SERVICE TAX INCREMENT AVAILABLE TO
THE REDEVELOPMENT AGENCY, BROKEN DOWN BY TAXING AGENCIES.
. Revenue determined using most recent data available.
,l3r-14tJ -.6
(1)
.
TABLE I
BAYFRONT AMENDED REDEVELOPMENT PROJECT
1997-98 BASE ASSESSED VALUE
SECURED
$30,950,750
STATE
N/A
TOTAL SECURED
$30 950.750
UNSECURED (PERSONAL)
$1,171,516
UNSECURED (MARINE)
$11,712,714
TOTAL UNSECURED
$12 884.230 *
GRAND TOTAL
$43.834.980
HEALTH & SAFETY CODE SECTION 33328, la).
1*) ESTIMATE PER COUNTY ASSESSOR
I3F-14( -8
(2)
TABLE \I
.'
BAYFRONT AMENDED REDEVELOPMENT PROJECT
SECURED & UNSECURED
1 % TAX REVENUE
COUNTY GENERAL
GEN ELEM CHULA VISTA CITY
HIGH SWE:TWATER UNION
SOUTHWESTERN COMM COL
COUNTY SCHOOLS
EDUC REV AUGMENTATION FUND
CHULA VISTA CITY
CWA SOUTH BAY IRRIGATION
$81,941
$90,039
$ 58,233
$15,692
$ 5, 111
$0
$ 57 ,204
$1,287
$34,110
$37,482
$ 24,241
$6,532
$ 2,128
$0
$23,813
$536
$203,491,453
$23,153,954
$21,229,862
$6,995,455
$21,719,885
$200,069,543
I
$7,576,820 [
$3,231,803
HEALTH & SAFE,Y CODE SECTION 33328, {bl. {el. (d).
I3F-14~-8
(3)
T
TABLE III
BAYFRONT AMENDED REDEVELOPMENT PROJECT
SECURED
DEBT SERVICE TAX REVENUE
~
METROPOLITAN WATER DISTRICT (MWD)
COUNTY WATER AUTHORITY ICWAj
2,755 126,699,731,977
362 126,699,127.439
11,694,094
1.482,381
I3F - /1.3-13
(4)
TABLE IV
.'
BAYFRONT AMENDED REDEVELOPMENT PROJECT
UNSECURED
DEBT SERVICE TAX REVENUE
METROPOLITAN WATER DISTRICT IMWDl
COUNTY WATER AUTHORITY (CWAl
1.147 6.272.595.614
162 6.272.615.356
559.030
79.032
HEALTH & SAFETY CODE SECTION 33328, (bl. (el. (dl.
I3F -It/t.! -6
(5)
~.
TABLE V
BAYFRONT AMENDED BAY REDEVELOPMENT PROJECT
SECURED & UNSECURED
DEBT SERVICE TAX REVENUE
-',.,..._---"
........~~~ti~~~qi.. .........
.....-- . ..-... .-..-.-.--........
.........-...-.-....-.-_.......,_....,_..........._---.,--
TAX REVENUE ..
.... ....iESTIMA TED ...
::x,:::,',::::,:,:,:_:,;,:_;,:::.,.:,:,:.:_::.;.:.:.:,:::,:.:.:,..;.:<::,:,:.:.::"
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~
METROPOLITAN WATER DISTRICT (MWD)
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2,755
362
1,147
162
12,253,124
1,561.413
HEALTH & SAFETY CODE SECTION 33328, Ib),(c),(d).
I3F-It./S- -13
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ST.~.TE BON~D OF EQUALlZATIOt\.~~~':"',\ ~
T;v...\";~.';S:P.V!CESSEC:TIOf< (' '"( ,.... r
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P O. 80x 9428;9 \ \
.Sa,=rarr'~ilt~. CA 94279..c059 .
\ V
Te!cpcooe, (9i6) 322-7;85 \ February 24, 1'i98
FAX: (916) 322...8765
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I<ATh~E:::'~ CC!:I';EL.'
Ccr.::-~I~ar, Sae:-;1.'Tl~-,:;
Honorable Robert Booker
San Di~;;o County Auditor
1600 Pacific Highway, Room 166 .
San Diego, CA 9210]-2472
JOI-'N Cr.V~G
Actn.;: Mt:,l\t:~~
r-uur'l'ICk.t:",c:. L1J1A;:;~ie:
Ii: l S8R:N!:~N.. JR
8ic..tiva D....e~:er
D~d,. :vlr. Booker:
Pt:,'SU3nl to Section 33328 et seq. of the HC2Jtb and Safety CodeI.he 1997/98 assessed v:::lueo Gf
r:ltlro:!ds "':td the non-operating, non unitary assessed values of s;~t'c-assessd properly located
within the b<)undari~s of th~ proposed chula Vis!a-Buyfront Redevelopment Amendment are
zero.
lhc~e values will eOElinue to be valid if thc project boundaries remain fixed. The ordinance
llcupting and approving the redevelopment rla.'l for this project becomes effective prillI' to
August 20,1998.
Jjfyou have any qt.:cstions regarding this matter, please contact me at (9i6) 322-7185.
Sincerely,
~J.yf~
))avid J. Martin, Supervisor
Tax Area Services Section
DJM:pdr //
ee: Ms. Chris Salomone~
is F -;' ~-01.. - 8
. '", f, ,,_.., 1 1 'C':~
SECTION M
Neighborhood Impact Report
The Law requires that a Neighborhood Impact Report discuss the impact the Plan will have on
low and moderate income persons or families in the following areas: relocation, traffic
circulation, environmental quality, availability of community facilities and services, effect on
school population and quality of education, property assessments and taxes, and other matters
affecting the physical and social quality ofthe neighborhood.
The Neighborhood Impact Report must also address: the number of dwelling units to be
removed or destroyed; the number of low or moderate income persons or families expected to be
displaced; the general location of housing to be rehabilitated or constructed; the number of
dwelling units to house persons and families of low or moderate income are planned for
construction or rehabilitation; the projected means of financing the aforementioned dwelling
units; and the projected timetable for meeting the Plan's relocation, rehabilitation and
replacement housing objectives.
Relocation
At this time, staff does not have any plans to implement projects that are expected to necessitate
relocation of households or businesses. If relocation activities are undertaken, the Agency will
handle those relocation cases which result from project activities on an individual case-by-case
basis, in accordance with its Method of Relocation. As an Agency formed under the provisions
of state law, the Agency is required to adhere to the State Relocation Law (Government Code
Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property
Acquisition Guidelines ("State Guidelines') as established in the California Code of Regulations,
Title 25, Chapter 6.
Prior to commencement of any acquisition activity which will cause substantial displacement of
residents, the Agency will adopt a specific relocation plan in conformance with the State
Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
M-l Bay/ront Amendment No.5 - Report to the City Coancil
,13 F -/ S3 -(3
T
the State Guidelines to meet particular relocation needs of a specific project. Such supplemental
policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead
enhancement of the relocation benefits required by State Law.
Traffic Circulation
Traffic circulation impacts resulting from the Project are discussed in Section 3.6 of the EIR
referenced in Section K of this Report. The EIR's analysis of the existing circulation system
concluded that the Bay Boulevard segment between E and F Streets would be significantly
impacted if the vacant parcels in the Added Area were developed for industrial uses. Further,
access to the Chula Vista Bayfront could be hampered by development of a IS-acre parcel on the
northeast corner of J Street and Marina Parkway. No other areas of traffic impacts were
identified by the EIR.
To address these potential redevelopment impacts, the EIR identifies vanous mitigation
measures aimed to reduce traffic impacts below a level of significance. These measures include
preparation of detailed traffic studies prior to approval of project plans, construction of
circulation improvements identified in such traffic studies, and appropriate City or Port District
review of circulation plans to avoid conflicts with other road segments providing access for or
within the Project Area. The Amendment provides the Agency the financial and legal tools
necessary to construct street improvements in the Project Area that could be otherwise delayed
without redevelopment assistance. Generally, implementation of the Plan will improve
circulation and mitigate traffic deficiencies and will provide general benefits to the Project Area
and the City's roadway network consistent with the circulation element of the General Plan.
Environmental Qualitv
Implementation of the Project will enhance the environmental quality by alleviating blighting
conditions and improving deficient public infrastructure and facilities, and facilitating housing
and nonhousing redevelopment. The EIR reviewed the impacts of the Amendment, including the
potential new development and public improvements that could be facilitated by the Agency.
Rose/lOW Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
M-2 Bayfront Amendment No.5 - Report to the City Council
;:8F -1ST-!-lS
The ErR studied a variety of areas, including land use and planning, geophysical, drainage and
water quality, air quality, noise, transportation, circulation, biological resources, public services
and utilities, aesthetics, cultural resources, and hazardous materials. With the exception of
groundwater quality, the ErR found that no significant, unmitigated adverse impacts would arise
as a consequence of the Amendment. The exception relates to the Sweetwater Authority's
concern that future users may not be required to mitigate potential hazardous contamination at a
groundwater basin in the Added Area if the City is successful in redesignating the grade of this
water quality. However, the ErR provides that future users would still be required to comply
with applicable regulations on the use storage and transportation of hazardous materials; these
regulation are reinforced by mitigation measures contained in the ErR that ensure that future
development or redevelopment of the Project Area would not impact groundwater quality.
\\!here applicable, the ErR outlines mitigation measures which will be required of future
development in order to assure that the quality of the environment is maintained. Additionally,
where required, more specific environmental analysis will take place as required by the
California Environmental Quality Act, Public Resources Code Sections 21000, et sea.
("cEQA").
Availabilitv of Communi tv Facilities and Services
Section 3.8 of the ErR addresses the Amendment's impact on community facilities and services.
including the following:
. Gas and Electric Service
. Police Protection
. Fire Protection
. Solid Waste Removal
. Water Service
. Sewer Service
. Storm Drains
I3F -/~-r--,,8
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
M -3 Bayfront Amendment No.5 - Report to the City Council
~
In the absence of site specific development proposals at this time, the EIR states that full
development/redevelopment of the Project Area is not anticipated to have a significant impact on
gas and electric, fire protection, solid waste, and sewer services. However, the EIR foresees
potentially significant impacts on police protection, water and storm drain services and facilities.
These impacts could include excessive police response times, high water consumption creating
the need for new or expanded facilities, and increased runoff volume and velocity. Upon
implementation of the eight mitigation measures contained in the EIR, including expansion of
facilities or services as warranted, these impacts would be reduced to less than significant levels.
It should also be noted that these impacts are consistent with those identified in the Port
District's Master Plan EIR, and that implementation of the Plan would not exasperate these
impacts since land use and development controls contained in the Plan are identical to those
contained in the Port District's Master Plan, as well as the City's General Plan, and Local
Coastal Program. In fact, implementation of the Plan and its proposed projects are expected to
significantly improve the City's existing community facilities and services. The Plan will allow
the Agency to utilize tax increment revenues to provide for the upgrading of existing and
construction of new community facilities which will be of benefit to the Project Area.
Effect on School Population and Oualitv of Education
The Project Area is served by two school districts ("School Districts"):
. Chula Vista Elementary School District
. Sweetwater Union High School District
Section 3.8 of the EIR describes the impacts of the Amendment on school facilities. School
impacts are created by generation of new students stemming from new residential development.
The Added Area does not contain any residentially designated property, so development or
redevelopment of the Added Area would not contribute to increased demand for school facilities.
Within the Existing Area, school facility impacts arising from future residential development
were addressed in the Mid-Bayfront Local Coastal Program Resubmittal No.8 Amendment
Environmental Impact Report.
Since the proposed Redevelopment Plan Amendment would
~F -(::::,-c, -LB
Chula Vista RedevelopmentAgency
M -4 Bay/ront Amendment No.5 - Report to the City Council
Rosenow Spevacek Group, Inc.
June 2, 1998
conform to the Local Coastal Program (as well as the General Plan, Port District Master Plan,
and City Zoning Ordinance) as it exists today or is hereafter amended, the Amendment would not
increase residential development and student generation beyond the Local Coastal Program.
Thus, the Amendment would not exacerbate the impact of development or redevelopment on
school facilities within the Existing Area.
The potential impact of additional students on area schools can be more accurately determined
once specific redevelopment proposals are formulated. Any indirect impacts on student capacity
at the local schools will depend upon the location of any new housing constructed to
accommodate expanded employment in the Project Area. The measure of the significance of
impacts on the School Districts will depend on the scale of a housing development in the
District's jurisdiction, the number of students generated and the existing enrollment at the time.
The impact of new development under the Plan upon the School Districts will be offset by the
required payment of development impact fees to be applied to additional school facility costs
associated with the increased development. In addition, the overall impact of the Amendment on
school facilities will be positive, as redevelopment activities will result in enhanced economic
viability of the Project Area and thus a larger tax revenue base for the School Districts.
Additionally, as described in Section E, the Agency is required to make statutory payments from
its annual allocation of tax increment revenues. The payments are designed to alleviate any
financial burden or detriment that the affected taxing entities may incur as a result of the
adoption of the Amendment.
PropertY Taxes and Assessments
The Plan calls for various methods of financing its implementation. Because redevelopment
agencies do not have the authority to levy taxes, implementation of the Project will not cause an
increase in property tax rates. Rather, the principal method of financing will be the utilization of
tax increment revenues generated by the Project Area. Tax increment financing reallocates
property tax revenues generated by increases in the assessed value of property in the Project
Area. Although development of the Project Area will increase the assessed valuation, Project
Rosenow Spevacek Group, Inc.
June 1, 1998
t3F-IS7 -~
Chulu Vista Redevelopment Agency
M-S Bay/rant Amendment No.5 - Report to tire City Council
~
Area property owners will not experience increases in property taxes beyond those normally
allowed by other state law and state constitutional provisions.
:
Low and Moderate Income Housing Program
A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to
be Removed by the Redevelopment Project
Because the Project Area does not contain any dwelling units, the Agency does not
expect that implementation of the Project would cause the removal of housing units.
B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced
by the Redevelopment Project
As discussed above, the Agency estimates that no households of low and moderate
income will be displaced by the implementation of the Project.
c. General Location of Replacement Low and Moderate Income Housing to be
Rehabilitated, Developed and Constructed
Because the Agency does not anticipate removing or demolishing any housing units in
the Project Area, no replacement housing would be needed.
D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for
Construction or Rehabilitation Other than Replacement Housing
Over the life of the Plan, Agency staff estimates that between 150 and 300 low and
- -
moderate income dwelling units could be constructed or rehabilitated. Because the
majority of the Project Area is designated for nonresidential uses, implementation of
affordable housing construction and rehabilitation projects is anticipated to occur
generally outside the Project Area. On April 21, 1998, the Agency and City Council
adopted resolutions finding that the use of the Project's low and moderate income
housing set aside funds are of benefit to the Project Area, thereby permitting the
Rosenow Spevacek Group, Inc.
June 2, 1998
,e F -/~-g - f3
Chula Vista Redevelopment Agency
M-6 Bay/ront Amendment No.5 - Report to the City Council
utilization of housing funds for new construction and rehabilitation as needed throughout
the City.
Because the Agency has not yet formulated specific housing proposals, it is not possible
to determine the exact number or location of low and moderate income units expected to
be constructed or rehabilitated over the remaining duration of the Plan.
E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low
and Moderate Income Households
The Agency intends to utilize not less than 20% of the Project's tax increment revenues
to finance the rehabilitation and construction of housing for low and moderate income
households, in accordance with the provisions of the Law as it now exists or may
hereafter be amended. As indicated earlier, the Agency and City Council have previously
adopted findings of benefit permitting the use of the Project" s housing fund revenues
outside the Project Area. The Agency will also cooperate with the City to pool funds and
resources beyond the tax increment set aside funds if it is determined to be necessary by
both bodies in order to improve the City's affordable housing stock.
F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement
Housing Objectives
Again, the implementation of the Plan will not cause the Agency to remove, relocate, or
replace dwelling units. The time frame for rehabilitating units outside the Project Area
will be subject to the availability of housing fund revenues; immediate housing program,
rehabilitation activities will be gradually phased in annually over the remaining duration
of the Plan.
13;: -/~-q -A
Rosenow Spevacek Group, Inc.
June 2, 1998
Chula Vista Redevelopment Agency
M-7 Bay/ront Amendment No.5 - Report to the City Council
SECTION N
A Summary of Agency Consultation with Affected
Taxing Entities and a Response to Said Entities'
Concerns Regarding the Amendment
According to the San Diego Auditor-Controller's office, the following 9 taxing entities levy
taxes within the Project Area:
City of Chula Vista
County of San Diego
San Diego County Office of Education
Chula Vista Elementary School District
Sweetwater Union High School District
Southwestern Community College District
San Diego County Water Authority
Metropolitan Water District
South Bay Irrigation District
On November 12, 1997, these entities were notified, via certified mail, of the Statement of
Preparation of the Amendment. On April 23, 1998, also via certified mail, the Preliminary
Report and Draft Amended Redevelopment Plan for the Project were transmitted to these
entities; as a part of that transmittal, the Agency offered to consult with the affected taxing
entities pursuant to Section 33328 of the Law. In addition, these entities were provided with
notification and copies of the EIR and were notified via certified mail of the joint public hearing
on the Plan and were given all other notices required under the Law.
The following is a summary of the Agency's consultations with the affected taxing entities:
Sweetwater Union High School District: On December I, 1997, Katy Wright of the Sweetwater
Union High School District sent the Agency a letter seeking information on how the Amendment
would impact the District. In February 1998, Agency staff followed up with Ms. Wright and
explained that the District would share in the distribution of the Statutory Payments from both
the Existing and Added Areas, described in Section E of this Report. No further discussions on
Rosenow Spevacek Group, Inc.
June 2, 1998
the Amendment occurred with the District's representatives.
;8F -/~() -,8
ehula Vista Redevelopment Agency
N-l Bayfront Amendment No.5 - Report to the City Council
countv Office of Education: On January 21, 1998, Bob Nicholson of the Office of Education
called the Agency to inquire about the availability of tax increment projections, and to gain
insight on how the Office would receive tax increment payments after the Amendment. On
January 29, 1998, the Agency's redevelopment consultant telephoned Mr. Nicholson, and
explained that the tax increment projections would be included in the Preliminary Report (which
was transmitted to all affected taxing entities on April 23, 1998). Also, Mr. Nicholson was told
that the Amendment would cause the Agency to remit Statutory Payments to all taxing entities
within the Added Area, as well as to any taxing entity without a preexisting cooperation
agreement with the Agency in the Existing Area commencing after one or more of the limits
enumerated in Section 33607.7 of the Law has been exceeded. Again, Section E more
thoroughly describes the Statutory Payment calculations, and indicates amounts projected to be
paid to each taxing entity. The Agency has not been contacted by Office representatives since
January 1998.
countv of San Diego: At the request of the County, the Agency met with Jeff Grissom of the
County's Department of Housing and Community Development on May 27,1998. Mr. Grissom,
Agency staff, and the Agency redevelopment consultant discussed the nature of the Amendment.
No follow-up meetings are anticipated with County representatives.
~F -/6 (-/3
Chula Vista Redevelopment Agency
N-2 Bay/ront Amendment No.5 - Report to the City Council
Rosenow Spevacek Group, Inc.
June 2, 1998
REDEVELOPMENT AGENCY AGENDA STATEMENT
Item .$"
Meeting Date 06-09-98
ITEM TITLE:
PUBLIC HEARING: TO CONSIDER A SPECIAL LAND USE PERMIT TO ALLOW
EDUCATIONAL AND COUNSELING SERVICES TO CLIENTS WITH SUBSTANCE
ABUSE PROBLEMS AT 314 PARKWAY
SUBMITTED BY:
Community Development Directo[if-1l1.t.S.
Executive Direct~ ~~\ (4lliths Vute:
Yes_ NuX)
REVIEWED BY:
BACKGROUND:
Episcopal Community Services has submitted a Land Use Permit application to establish the South Bay
Recovery Center at 314 Parkway. The Center is planned to provide educational and counseling services to
clients who have substance abuse problems. The project is located within the Town Centre I Redevelopment
Project Area and has been reviewed by the Town Centre Project Area Committee and the Downtown
Business Association. The project is exempt from environmental review.
Staff is evaluating several issues regarding the proposed project and activities that are planned for the site.
In addition, staff is following-up on Questions and issues from a number of residents and property owners
regarding the proposed land use permit. As a result, staff is recommending that the public hearing be
postponed indefinitely to allow staff to address the concerns adequately. The public hearing will be re-
published when the item is rescheduled for Agency consideration.
RECOMMENDATION: That the Redevelopment Agency continue the public hearing indefinitely.
FISCAL IMPACT:
Costs related to additional newspaper publication and mail notification of the public hearing will result from
postponement of the public hearing.
(pb} H:\HOMEICOMMDEV\STAFF.REPI06-09.98\south [Mav 27, 1998 (1:58pmll
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