HomeMy WebLinkAboutReso 1988-13656 (1)
RESOLUTION NO. 13656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULAVISTA CERTIFYING AS TO ITS REVIEW OF THE
FINAL EIR WITH RESPECT TO THE SECOND AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE II
REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS
WHEREAS, the Redevelopment Agency of the City of
Chula Vista has prepared and approved an EIR with respect to
the adoption of the Second Amendment to the Redevelopment
Plan for the Town Centre II Redevelopment Project; and
WHEREAS, pursuant to notice duly given the
Redevelopment Agency and the City Council of the City of
Chula Vista, have held a full and fair public hearing on the
proposed Second Amendment to the Redevelopment Plan and EIR.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Chula Vista as follows:
SECTION 1: A full and fair public hearing having
been held on said EIR and the City Council having considered
all comments received thereon, which comments and responses
thereto have been attached to said EIR and incorporated
therein, the EIR is hereby approved and adopted as the Final
EIR for the adoption of the Second Amendment to the
Redevelopment Plan for the Town Centre II Redevelopment
Project.
SECTION 2: The City Council hereby certifies that
the Final EIR for the Redevelopment Plan Amendment has been
completed in compliance with the California Environmental
Quality Act of 1970, as amended, and the State and local
environmental guidelines and regulations and that the City
Council has reviewed and considered the Final EIR and the
information contained therein.
SECTION 3: The City Council hereby finds with
respect to the adverse environmental impacts detailed in the
Final EIR:
a. That the adverse environmental impacts
associated with the adoption of the
Redevelopment Plan Amendment were considered
and recognized by the City Council. No
significant impacts will result from the
adoption of the Redevelopment Plan Amendment.
b. The comments and responses made during the
public hearing of the Redevelopment Agency
and City Council have been considered and
recognized by the City Council and will be
incorporated into the Final EIR.
c. That based upon the information set forth in
the Final EIR, the City Council finds and
determines that measures to mitigate impacts
on the environment are included in the
Final EIR.
SECTION 4: The City Council hereby finds and
determines that all potential impacts on the environment can
be reduced below a level of significant impact.
SECTION 5: The City Council hereby finds and
determines that all mitigation measures presented in the
Final EIR shall be incorporated into the Redevelopment Plan
Amendment or subsequent Owner Participation Agreements/
Development Disposition Agreements in order to mitigate or
avoid any significant environmental effects that can be
feasibly mitigated or avoided.
SECTION 6: The City Council authorizes the
Executive Director of the Redevelopment Agency to file with
the County Clerk of the County of San Diego, a Notice of
Determination, pursuant to 14 California Administrative
Code Section 51085(h).
SECTION 7: This resolution shall take effect
immediately upon its adoption.
Submitted _by~ Approved as to form by
P~ul G. Desro~hers D. Richard Rudolf ,~
Community Development Director Assistant city Attr~ey
/src CCTCEIR
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
~,,~ULA VISTA, CALIFORNIA, this 12th dOy of. July ....
19 88 , by the following vote, to--wit:
AYES: Councilmembers [v[oo~ce, McCand]_~_ss, Nadez, Cox
NAYES: Counci 1 members None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members MalcoZm
~ ~ity Of ChulO ViSfo
ATTEST
,TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss,
CITY OF CHULA VISTA )
I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio,
DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of
RESOLUTION NO. 13656 ,and that the some has not been amended or repealed
DATED
City Clerk
CITY OF
CHULA VISTA
CC-660
CITY OF CilULA VISTA - REDEVFZLOPMENT AGENCY
RULES GOVERNING PARTICIPATION AND PREFERENCES
BY OWNERS AND TENANTS IN TIlE
THIRD AVENUE REDEVELOPMENT PROJECT
Section I. GENEK~L
These rules are promulgated to implement the provisions of tile
Redevelopment Plan for the Third Avenue Redevelopment Project re-
garding participation and the exercise of preferences by owners,
operators of businesses, and tenants in the Project Area. These
rules set forth the procedures governing such preferences and
participation.
The Redevelopment Agency of the City of Chula Vista (.'Agency'),
desires participation in development of the Project Area by as
many owners and tenants as possible. In view of the pattern of
land assembly and integrated development envisioned by the Rede-
velopmerit Plan, persons and firnls doing business in the Project
Area will be encouraged to take advantage of their participation
and preference opportunities. Specific attentio~ will be focused
upon the participation of owners of buildings that have historical
and architectural merit and which are structura]ly sound and can
be renovated feasibly in accordance with the Plan.
Participation opportunities are necessarily subject to and limited
by factors such as the following:
1. The elimination and/or modification of some land uses.
2. The realignment and abandonment of some streets.
3. The ability of participants to finance the proposed
development.
4. The reduction of the total number of individual parcels
in the Project Area.
S. Change in orientation and character of the area.
6. Buildings that have historical and/or architectural
qualities that will enhance the Redevelopment Plan.
Section II. PARTICIPATION BY O~NERS OF REAL PROPERTY
A. Participation in the Same Location
In appropriate circumstances x,,bere such would foster the
unified and integrated development contemplated by the Redevelop-
meat Plan, an owner may participate in substantially the same
location by retaining all or portions of his property and purchasing
other property if needed and available for development in accordance
with the Redevelopmeat Plan,
Conflicting desires among participants for particular sites or
land uses will be resolved by 'the conformity of a participation
proposal with the intent anct purpose of t. he Redevelopmcnt Plan.
The final decisions concerning land acquisition by the Agency
will be based upon the conditions existing at the time the Agency
purchases property or enters into participation agreements.
participation in a Different Location
In some instances, the Agency will buy the land and improve-
ments at fair market value,'and offer parcels of cleared land for
purchase by owner-participants prior to offering for sale to the
general public. Property sold to owner-participants will be made
available at fair market value for the uses designated in the
Redevelopmeat Plan.
Section III. PARTICIPATION BY TENANTS
Pursuant to these rules, nonproperty owners ~ho are tenants engaged
in business or'residing in the Project Area will be given opportun-
ities to remain or to obtain reasonable preferences to reenter
~ithin the redevelopment area if they otherwise meet the require-
meats prescribed by the Plan.
A. Tenant Participation as Owners
Tenants will be given reasonable preference to purchase and
develop real property in the Project Area prior to offering for
sale to the general public. Property sold to such tenants will
be made available at fair marlcot value For the uses designated
in the Plan.
B. Preferences for Business Tenants as Tenants
Business tenants who desire to reenter the Redevelopmerit
Project Area as tenants will receive reasonable preferences to
locate in the Project Area in accordance with the prescribed uses
of the Plan.
Section IV. PROCEDURE FOR BECOMING A PARTICIPANT
A. Procedure for Participati6n as Business Owner, Residential
Owner or Business Tenant
Every person interested in becoming a participant as a business
owner or tenant must submit to the Agency a statement indicating
such interest. A form for this purpose may be obtained from the
Agency on request.
The Agency may disregard 'Statements of Interest' submitted
after the end of the thirty (30) day period immediately following
the date of the publication of the ordinance of the City Council
adopting the Redevelopment Plan.
The Agency will notify each person who submits a 'Statement
of interest' of the time within which he must submit his proposal
for participation.
Opportunity will be given to discuss proposals with the Agency
staff and to make necessary adjustments. The Agency will make
every effort to meet the desires of every person desiring to
participate in the Project.
B. Participation Agreement
Each owner or tenant who has submitted an acceptable proposal
for owner or tenant participation will be required to enter into
a participation agreement with the Agency. Each agreement will
contain provisions necessary to insure that the participation
proposal will be carried out, and that s.ubjcct property will be
developed or used in accordance with the conditions, restrictions,
rules and regulations of the Redevelopment Plan and the agreemeot.
The agreement will specifically mention the following:
1. Parking facilities per the requirements of the City of
Chula Vista and/or provisions for public transit (if
any) shall be applicable to the owner/participant in
the same manner and dcgrcc as they affect a new pur~
chaser/developer in the Project Area.
2. The owner/participant will be 8sscssed by a Special
Assessment District (if any) in the same proportfon or
ratio as that of a new developer for the purpose of
maintaining common areas, parking areas, and other
public projcct facilities.
Each agreement will furthermore require the participant to jo~n
in the rccordation of such documents as the Agency wi.ll require in
order to insure such development. The agreement will also provide
that a successor in interest of the original participant may become
a participant with the approval of the Agency.
Participation agreements will be effective only if approved
by the Members of the Agency.
Section V. AMEN1)~'IENT OF OWNER PARTICIPATION RIILES
The Agency may amend these Rules at 'any meeting held after their
adoption. Any amendments after the filing of statements of intent
shall be made only after notice to the persons who have filed such
statements. Such notice shall be by mail posted at least fourteen
(14) days before the date of the meeting at which the proposed
amendment will be considered.
* ( Revised 8/84)
RELOCATION ASSISTANCE RULES AND REGULATIONS
OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
1. Short Title
This title shall be known and may be cited as the "Rules and Regulations
of the Redevelopment Agency of the City of Chula Vista" (hereinafter referred
to as "AGENCY" ).
2. Purpose
The AGENCY has adopted these rules to assist in the implementation of
payments and the administration of relocation assistance pursuant to Section
7267.8 of the Government Code.
3. Di sp1 acement
The AGENCY shall, where required by law, prepare, implement, and when
necessary, update relocation plans meeting the requirements of the applicable
1 aws.
4. Citizen Participation
a. A11 persons who wi 11 be di spl aced and neighborhood groups are
encouraged to participate fully and meaningfully in reviewing any relocation
pl arts and monitoring any rel ocation assi stance programs.
b. The AGENCY shall permit timely access to all appropriate documents
relevant to the relocation program, provided that a public entity may
reasonably restrict access to material to preserve its confidentiality, 'to
preserve its privileged status, or to prevent disclosure prohibited by law.
The AGENCY shall ensure that the information of the identity of eligible
persons is provided in a manner designed to avoid such disclosure. This
obligation to avoid improper disclosure shall not affect any right the person
to whom the information related (or any other person authorized in writing by
such persons) may have to inspect such documents.
c. The AGENCY shall provide appropriate means, including public meetings
for all persons, groups, and committees, to conununicate any comments or
objections regarding the relocation plans and shall endeavor to establish
means for making any appropriate response to such comments or objections.
5. Grievance Procedures
a. Any person aggrieved by a determination as to eligibility for, or the
amount of, any payment referred to in these Rules may have his grievance
reviewed by the Director of Community Development. Any person desiring a
review of a determination shall submit his grievance, together with any
information he believes relevant, in writing, to the Director of Community
Development and request such review.
b. Any person dissatisfied with the review of his grievance by the
Director of Community Development may, within ten (lO) days after the giving
by him of notice of his decision, appeal' to the City Council. Any person
desiring to appeal such a determination shall submit the same in writing,
together with any information he believes relevant to the AGENCY. Any appeals
of a determination of the Director of Community Development shall be made
delivering them or mailing them to:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
c. The determination of the Director of Community Development shall be
final and conclusive in the absence of a timely appeal. The determination of
the City Council shall be final and conclusive.
6. Priority of Federal Law
If the AGENCY undertakes a project with federal financial assistance and
consequently must provide relocation assistance and benefits as required by
federal law, the provisions of the Act and these Rules shall not apply; but if
an obligation to provide relocation assistance and benefits is not imposed by
federal law, the provisions of the Act and Rules shall apply.
7. Severability
If any provisions of these Rules or the application thereof is held
invalid, such invalidity shall not affect other provisions or applications of
the Rules which can be given effect without the invalid provision or
application, and to this end, the provisions of the Rules are severable.
8. Relocation Assistance Advisory Program
The AGENCY shall develop and implement a relocation assistance advisory
program which satisfies the requirements of applicable laws. Such program
shall be administered so as to provide advisory services which offer
assistance to minimize the hardship of displacement and to ensure that:
a. All persons displaced from their dwellings are relocated into
suitable replacement housing, and
b. All persons displaced from their places of business are assisted in
re-establishing the same with a minimum of delay.
9. Eligibility
Relocation assistance shall be made available to persons qualified
pursuant to law.
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10. Rep1 acement Housing Pri or to Di sp1 acement
a. An eligible person shall not be required to move from his dwelling,
unless within a reasonable period of time prior to displacement, to the extent
that it can be reasonably accomplished, a comparable replacement dwelling is
reasonably available, or, where temporary quarters are required that such are
reasonably available, as determined by the AGENCY. ~
b. The requirements of this section shall be deemed to have been
satisfied if a person is offered and refuses without justification reasonable
choices of specifically identified comparable replacement dwellings,
determined to be such by the AGENCY.
c. Those tenants who lawfully occupy property only after the AGENCY
acquires it, are not eligible for assistance and benefits if, before occupying
the property, they are informed by the AGENCY that the property has been
acquired for a public use and will be available as housing only in the interim
between acquisition and development and that development for such use may
result in termination of the tenancy sooner than would otherwise be expected.
When post-acquisition tenants are so informed, they are not eligible even
though they move as the result of a written order from the AGENCY to vacate
the real property.
11. Information Program
a. The AGENCY shall establish and maintain an information program which
provides for the following:
~ (1) Preparation and distribution of informational material to each
prospective relocatee. This material shall be prepared and
distributed as soon as is reasonably practicable following the
initiation of negotiations and no less than ninety (90) days in
advance of di spl acemerit. Where appropri ate, separate
informational statements shall be prepared for residential and
for non-resi dential occupants. _~
(2) Conducting personal interview aid mai ntai ni ng personal contacts
with potential relocatees to the extent reasonably necessary.
(3) Utilizing reasonable methods of public notice.
b. Language. Information material shall be prepared in the language or
languages most easily understood by the recipients.
12. Termination of Relocation Assistance
The AGENCY relocation obligations cease under any of the following
c i rc umstance s:
a. A displaced person moves to a comparable replacement dwelling and
receives all assistance and payments to which he is entitled; or
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b. The displaced person moves to substandard housing, refuses reasonable
offers of additional assistance i n moving to a decent, safe and sanitary
replacement dwelling, and receives all payments to which he is entitled; or
c. All reasonable efforts to trace a relocatee have failed; or
d. The business concern has received all assistance and payments to
which it is entitled and has been successfully relocated or has ceased
operations; or
e. A person displaced from his dwelling or busi hess refuses reasonable
offers of assi stance, payments, and comparable replacement housing.
13. Eviction
Eviction shall be undertaken only for one or more of the following reasons:
a. Failure to pay rent, except in those cases where the failure to pay
is legally excused;
b. Performance of a dangerous, illegal act in the unit;
c. Material breach of the rental agreement and failure to correct breach
after notice;
d. Maintenance of a nuisance and failure to abate within a reasonable
time following notice;
: e. Refusal to accept one of a reasonable number of offers of replacement
dwellings;
f. The eviction is required by state or local law and cannot be
prevented by reasonable efforts on the part of the public entity;
g. Failure to vacate in accordance with an agreement with the public
entity; or
h. Failure to obey a court order authorizing the public entity to take
possession.
14. Relocation Payments by AGENCY
The AGENCY shall make relocation payments to or on behalf of eligible
displaced persons in accordance with and to the full extent required by law,
15. Filing of Claims
All claims filed with the AGENCY shall be submitted within eighteen (18}
months of the date on which the claimant receives final payment for the
property, or the date on which he moves, whichever is later.
16. Actual Reasonable Moving Expenses
a. General. The AGENCY shall pay to'displaced persons who are eligible
for actual reasonable expenses specified below and subject to the limitations
set forth in subsection (d) of this section for moving himself, his family or
business. In all cases, the amount of a payment shall not exceed the
reasonable cost of accomplishing the activity in connection with which claim
has been filed.
The moving and related expenses for which claims may be filed shall
include:
(1) Transportation of persons and property not to exceed a distance
of 50 miles from the site from which displaced:
(2) Packing, crating, unpacking, and uncrating personal property;
(3) Insurance of personal property while in storage or transit.
(4) Reasonable storage costs;
(5) The cost of disconnecting, dismantling, removing, reassembling,
reconnecting, and reinstailing machinery, equipment or other
personal property (including goods and inventory kept for sale)
not acquired by the public entity, including connection charges
imposed by public utilities for starting utility service.
b. Actual Reasonable Moving Expenses--Displaced Business Concerns. In
addition to those compensable expenses set forth in subsection (a) of this
section, a displaced business concern may file a claim for the following
moving and related expenses:
(1) The cost, directly related to displacement of other physical
change in or to any structure or its premises in connection with
the reassembling, reconnection, or reinstallation of machinery,
equipment or other personal property, subject to the limitation
imposed by paragraph (2) below.
(a) Modifying the machinery, equipment, or other personal
property to adopt it to the replacement location or
modifying the power supply.
(2} Claims for payment under this subsection Shall be subject to the
following limitations:
(a) Reimbursable costs shall be reasonable in amount.
(b) The cost shall be found by the public entity to be required
by law to be necessary to the re-establishment of the
displaced business.
(c) The cost could not be avoided or substantially reduced at
an alternate available and suitable site to which the
business was referred.
(d) The AGENCY shall deduct, on the basis of a reasonable
estimate, the amount, if any, realized by the displaced
business concern as compensation for comparable additions,
improvements, alterations or other physical changes to the
structure and premises acquired, as part of the payment
made for the acquisition of such structure and premises.
(3) The cost of any license, permit, or certification required by a
displaced business concern to the extent such cost is necessary
to the re-establishment of its operation at a new location.
(4) Where an item of personal property which is used in connection
with any business or farm operation is not moved but is replaced
with a comparable item, reimbursement in an amount not to exceed
(i) the replacement cost, minus any net proceeds received from
its sale, or (ii) the estimated cost of moving, whichever is
less.
c. Advance Payments. Payment may be made to qualified movers on behalf
of a displaced person in advance of the actual move. The AGENCY shall provide
advance payment whenever later payment would result in financial hardship.
Particular consideration should be given to the financial limitations and
difficulties experienced by low and moderate income persons and small business
operations.
d. Self Moves. After securing a moving bid acceptable to the AGENCY, if
a displaced person or business elects to self move, he may submit a claim for
moving expense to the public entity in an amount not to exceed the bid.
e. Personal Property of Low Value and High Bulk, Business. Where, in
the judgment of the AGENCY, the cost of moving any item of personal property
of low value and high bulk which is used in connection with any business would
be disproportionate in relation to its value, the allowable reimbursement for
the expenses of moving such property shall not exceed the difference between
the cost of replacing the same with a comparable item available on the market
and the amount which could have been received for such property on
liquidation. This provision may, in the appropriate situations, be applied to
claims involving the moving of junkyards, stockpiles, sand, gravel, minerals,
metals, and similar property.
f. Documentation in Support of a Claim.
(1) General. Except in the case of a displaced person conducting a
self~nove, as provided in subsection "d" above, a claim for
payment under this section shall be supported by evidence of
expenses incurred. By prearrangemerit between the AGENCY the
site occupant, and the mover evidenced in writing, the claimant
or the mover may present an unpaid moving bill to the AGENCY,
and the AGENCY may pay the mover directly.
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(2) Businesses. Each claim for the costs incurred by a displaced
person for moving his business shall be supported by competitive
bids or estimates in such' number as are practical, to be
determined by the AGENCY.
17. Actual Direct Losses of Tangible Personal Property
a. General. The AGENCY shall pay a qualified displaced person, for
actual direct losses of tangible personal property as a result of moving or
discontinuing a business operation, in an amount determined by the AGENCY.
b. Determining Actual Direct Loss of Property. Actual direct loss of
property shall be determined on the basis of the lesser of the following:
(1) The fair market value of the property for continued use of its
location prior to displacement; or
(2) The estimated reasonable costs of relocating the property.
The AGENCY may require that the owner first make a bona fide effort
to sell the property. The proceeds realized from any sale of all or part of
the property shall be deducted from the determination of loss. In calculating
payment under this section, the reasonable cost of an effort to sell shall be
added to the determination of loss.
c. Documentation of Support Claim. A claim for payment hereunder shall
be supported by written evidence of loss which may include appraisals,
certified prices, bills of sale, receipts, cancelled checks, copies of
advertisements, offers to sell, auction records, and other records appropriate
to support the claim or the public entity may agree as to the value of the
property left in place.
18. Actual Reasonable Expenses in Searching for a Replacement Business.
A displaced person who satisfies the pertinent eligibility requirements
with respect to actual reasonable moving e. xpenses shall be eligible for
payment in an amount not to exceed $500 in searching for a replacement
business, i ncl udi ng expenses incurred for:
a. Transportation;
b. Meals and lodging away from home;
c. Time spent in searching based on the hourly wage rate of the salary
or earnings of the displaced person or his representative, but not to exceed
$10 per hour; and
d. Fees paid to a real estate agent or broker to locate a replacement
business.
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19. Mgvin9 Expenses -- Outdoor Advertising Businesses
The owner of a displaced outdoor advertising business is entitled to
payment for the reasonable cost of moving such displays or their in-place
value, whichever is lesser.
20. Alternate Payments -- Individuals and Families ~
A person who is displaced from a dwelling and is eligible for a payment
for actual reasonable moving expenses may elect to receive and shall be paid
in lieu of such payment:
a. A moving expense allowance not to exceed $300, and determined in
accordance with established Federal Highway Administration Schedules
maintained by the California Department of Transportation, and
b. A dislocation allowance of $200.
21. Alternate raymerits -- Businesses
a. General. A displaced person who moves or discontinues his business
who is eligible for relocation payments and who elects to accept the payment
authorized by this section in lieu of the payments authorized shall receive a
fixed relocation payment in an amount equal to the average annual net earnings
of his business, except that such payment shall not be less than TWO THOUSAND
FIVE HUNDRED DOLLARS ($2,500), nor more than TEN THOUSAND DOLLARS ($1O,O00).
For purposes of this section, the dollar limitation specified in the preceding
sentence shall apply to a single business, regardless of whether it is carried
oR under one or more legal entities.
b. Requirements -- Businesses. Payment shall not be made under this
section unless the AGENCY determines that:
(1) The business cannot be relocated without a substantial loss of
its existing patronage, based on a consideration of all
pertinent circumstances including such factors as the type of
business conducted, the nature ~f the clientele, the relative
importance to the displaced business of its present and proposed
location, and the availability of a suitable relocation site; and
(2) The business is not part of a commercial enterprise having
another establishment which is not being acquired for a project
and which is engaged in the same or similar business. Whenever
the sole remaining facility of a business which has been
displaced from its principal location:
(a) Has been in operation for less than two years; and
(b) Has had average annual gross receipts of less than $2,000
during the two taxable years prior to displacement of the
major component of the business; or
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(c) Has had average annual net earnings of less than $1,000
during the two taxable years prior to the displacement of
the major component of the business, the remaining facility
will not be considered another "establishment" for purposes
of this section.
(3) The displaced business:
(a) Had average annual gross receipts of at least $2,000 during
the two taxable years prior to the date of initiation of
negotiations; or
(b) The displaced business had average annual net earnings of
at least $1,000 during the two taxable years prior to
displacement; or
(c) The displaced business contributed at least 33-1/3 percent
of the total gross income of the owner(s) during each of
the two taxable years prior to displacement. If in any
case the AGENCY determines that the two-year period prior
to displacement is not representative of average receipts,
earnings or income, it may make use of more representative
period.
c. Determination of Number of Businesses. In determining whether one or
more legal entities, all of which have been acquired, constitute a single
~-~ business, the following factors, among other, shall be considered:
(1) The extent to which the same premises, personnel and/or
equipment are shared; and
(2) The extent to which substantially identical or intimately
interrelated business functions are pursued and business and
financial affairs are commingled; and
(3) The extent to which such entities are held out to the public,
and to those customarily dealing with such entities, as one
business; and
(4) The extent to which the same person or closely related persons
who, control or manage the affairs of the entities.
d. Requirements -- Nonprofit Organizations. In the case of a nonprofit
organization, no payment shall be made under this section unless the public
entity determines that:
(1) The nonprofit organization cannot be relocated without a
substantial loss of its existing patronage (the term "existing
patronage" as used in cnnnection with the nonprofit organization
includes the membership, persons, community, or clientele served
or affected by the activities of the nonprofit organization; and
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(2) The nonprofit organization is not a part of an enterprise having
at least one other establishment not being acquired which is
engaged in the same or similar activity.
e. Net Earnings. The term "average annual net earnings" as used in this
section means one-half of any net earnings of the business operation, before
federal and state income taxes, during the two taxable years immediately
preceding the taxable year in which the business or farm operation moves from
the real property acquired for such project, or during such other period as
the AGENCY determines to be more equitable for establishing such earnings, and
includes any compensation paid by the business to the owner, his spouse, or
dependent during such period. The term "owner' as used in this section
includes the sole proprietor in a sole proprietorship, the principal partners
in a partnership, and the principal stockholders of a corporation, as
determined by the public entity. For purposes of determining a principal
stockholder, stock held by a husband, his wife, and their dependent children
shall be treated as one unit.
f. If a displaced person who conducts a business elects to receive a
fixed payment under this section, he shall provide proof of his earnings from
the business operation to the AGENCY. Proof of earnings may be established by
income tax returns, financial statements, and accounting records or similar
evidence acceptable to the AGENCY.
22. Replacement Housing Payments for Homeowners
a. General. The AGENCY shall make, to a qualified owner occupant person
who is displaced from a dwelling and who satisfies the conditions of
subsection "b" of this section, a payment not to exceed a combined total of
$15,000 for:
(1) The amount, if any, which when added to the acquisition cost of
the dwelling acquired for the project equals the reasonable
cost, as determined in accordance with subsection "c" of a
comparable replacement dwelling. This amount shall not exceed
the difference between the acquisition price of the acquired
dwelling and the actual purchase price of the replacement
dwelling.
(2) The amount, if any, to compensate the displaced person for any
increased interest costs, as determined in accordance with
subsection "c", he is required to pay for financing the
acquisition of a replacement dwelling. The payment shall not be
made unless the dwelling acquired by the public entity was
encumbered by a bona fide mortgage which was a valid lien on the
dwelling for not less than 180 days prior to the initiation of
negotiations for acquisition of such dwelling.
(3) Reasonable expenses, determined in accordance with subsection
"c" of this section, incurred by the displaced person incident
to the purchase of the replacement dwelling.
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(4) In accordance herewith the cost of rehabilitating a dwelling
I~ which does not satisfy the decent, safe, and sanitary standard.
b. Eligibility Condition.
(1 ) A displaced person is eligible for payment under this section if
such person: ~
(a) Is displaced from a dwelling that is acquired;
(b) Has actually owned and occupied such dwelling for not less
than 180 days pr'ior to the initiation of negotiations for
its acquisition; and
(c) Purchases and occupies a replacement dwelling within one
year subsequent to the date on which he received final
payment from the public entity of all costs of the acquired
dwelling or the date on which he moves from the acquired
dwelling, whichever is later, and
(2) Where for reasons beyond the control of the displaced person,
completion of construction or rehabilitation of, or relocation
to a replacement dwelling is delayed beyond the date by which
occupancy is required, the AGENCY shall determine the date of
occupancy to be the date the displaced person enters into a
contract for such construction, rehabilitation, or relocation or
~_ for the purchase, upon completion, of a dwelling to be
constructed or rehabilitated, if, in fact, the displaced person
: occupies the replacement dwel 1 i ng when the construction or
rehabi 1 i tati on i s completed.
(3) Where, for reasons of hardship or circumstances beyond the
control of the displaced person, such person is unable to occupy
the replacement dwelling by the required date, the AGENCY may
extend the deadline as necessa~.
c. Computation of Replacement Housing Paj/ment.
(1) Cost of Comparable Replacement Dwelling. In determining the
reasonable cost of a comparable replacement dwelling, the AGENCY
shall use any reasonable valuation method.
(2) Interest Payments. Interest payments shall be equal to the
discounted present value of the difference between the aggregate
interest applicable to the amount of the principal of the
mortgage on the acquired dwelling over its remaining term at the
time of acquisition, and other debt service costs. The term and
amount of the mortgage on the replacement dwelling for purposes
of this paragraph shall be the lesser of the remaining term and
amount of the mortgage on the acquired dwelling, or the actual
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term and amount of the mortgage on the replacement dwelling.
The amount of the debt service cost with respect to the
replacement dwelling shall be the lesser of the debt service
cost based on the cost required for a comparable dwelling, or
the debt service cost based on the actual cost of the
replacement dwelling.
Prepaid "points" shall be considered in the determination of
aggregate interest.
In calculating the amount of compensation, increased interest
cost shall be reduced to discounted present value using the
prevailing interest rate paid on savings deposits by commercial
banks in the general area in which the replacement dwelling is
located.
(3) Expenses Incident to the Purchase of the Replacement Dwelling.
Payment under this section shall include the amount necessary to
reimburse the displaced person for actual costs incurred by him
incident to the purchase of the replacement dwelling, including
but not limited to the following: legal, closing, and related
costs including title search, preparing conveyance contracts,
notary fees, surveys, preparing drawings or plans, and charges
paid incident to recordation; lender, FHA, VA or similar
appraisal costs; FHA, VA or similar application fee; cost for
certification of structural soundness, credit report charges;
charge for owner's and mortgagee's evidence or assurance of
title, escrow agent's fee; and sales or transfer taxes. Payment
: for any such expenses shall not exceed the amount attributable
to the purchase of a replacement dwelling. Such expenses shall
be reasonable and legally required or customary in the community.
Reimbursement shall be made under the provisions of this
paragraph for any fee, cost, charge, or expense which is
determined to be part of the debt service or finance charge
under Title I of the Truth in Lending Act (P~bl. L. 90-321), and
Regulation Z issued pursuant thereto by the Board of Governors
of the Federal Reserve System.
d. Multi-Family Dwelling. In the case of a displaced homeowner who is
required to move from a one-family unit of a multi-family building which he
owns, the replacement housing payment shall be based on the cost of comparable
one-family unit in a multi-family building of approximately the same density,
or if that is not available, in a building of the next less density or, if a
comparable one-family unit in such a multi-family building is not available,
the cost of an otherwise comparable single-family structure.
e. Dwner Retention.
(1) If a displaced homeowner elects to retain, move, and occupy his
dwelling, the amount payable under this section is the
difference between the acquisition price of the acquired
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property and the sum of the moving and restoration expenses, the
cost of correcting decent, safe, and sanitary deficiencies, if
any, and the actual purchase. price of a comparable relocation
site. A public entity may limit the payment under this
subsection to the amount of the replacement housing payment for
which the homeowner would otherwise be eligible.
12) The payment shall not exceed $15,000.
f. Provisional Payment Pending Condemnation. If the exact amount of a
replacement housing payment cannot be determined because of a pending
condemnation suit, the AGENCY may make a provisional replacement housing
payment to the displaced homeowner equal to the difference between the public
entity's maximum offer for the property and the reasonable cost of a
comparable replacement dwelling, but only if the homeowner enters into an
agreement that upon final adjudication of the condemnation suit the
replacement housing payment will be recomputed on the basis of the acquisition
price determined by the court. If the acquisition price as determined by the
court is greater than the maximum offer upon which the provisional replacement
housing payment is based, the difference will be refunded by the homeowner to
the public entity. If the acquisition price as determined by the court is
less than the maximum offer upon which the provisional replacement housing
payment is based, the difference will be paid to the homeowner.
g. Lease of Condominium. For the purposes of this section, 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 by 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.
23. Replacement Housing Payments for Tenants and Certain Others
a. General. The AGENCY shall pay to a qualified displaced person a
payment not to exceed $4,000 for either:
(1) An amount, computed in accordance with paragraph "c I1)" of this
section, necessary to enable such person to lease or rent a
replacement dwelling for a period not to exceed four 14) years;
Or
12) An amount, computed in accordance with paragraph "c (2)" of this
section, necessary to enable such person to make a down payment
on the purchase of a replacement dwelling (including incidental
expenses described herein). If such amount exceeds $2,000, the
displaced person shall equally match any such amount in excess
of $2,000 in making the down payment.
b. Eligibility Conditions. A displaced person is eligible for the
payments specified in subsection "a" if he satisfies the following conditions:
(1) Has occupied the dwelling from which he is displaced for a
period of not less than 90 d~s prior to the initiation of
negotiations for acqui sition of such dwel ling.
(2) Is not eligible to receive a replacement housing payment for
homeowners or elects not to receive such payment. Where the
displaced person is the owner-occupant of the d~elling, the
payment made under paragraph 22 a(2) shall not exceed the amount
of payment to which the person would be eligible under Section
22.
(3) Whenever a payment under subsection (a)(2) is sought, the
di spl aced person she11 wi thin one year from the date of
di spl acemerit, purchase and occupy a rep1 acement dwe] 1 i ng.
c. Computation of Payment.
(1) Rental Assistance Payments. The amount of payment necessary to
lease or rent a comparable replacement dwelling, under
subsection "a)(1)", shall be computed by subtracting 4B times
the base monthly rental of the displaced person (as determined
in accordance with this subsection), from 4B times the monthly
rental for a comparable replacement dwelling (as determined in
accordance with this subsectionl: Provided, that in no case may
such amount exceed the difference between 4B times the base
monthly rental as determined in accordance with this subsection
and 48 times the monthly rental actually required for the
replacement dwelling occupied by the displ aced person.
(a) Base Monthly Rental. The base monthly rental shall be the
lesser of the average monthly rental paid by the displaced
person for the three-month period prior to initiation of
negotiations and twenty-five percent (25%) of the displaced
person's average monthly income. Where the displaced
person was the owner of the dwelling from which he was
displaced or was not required to pay rent for the dwelling,
the economic rent shall be used in lieu of the average
monthly rental to calculate base monthly rental.
(b) Comparable Rental. The rental for a comparable replacement
dwelling shall be amount of rent determined by the public
entity based upon comparable rental units according to
appraisal and initial survey information prepared by or for
the AGENCY.
(c) The rental costs shall be updated to within three months of
the date of rental of the replacement dwelling.
{2) Downpayment. The downpayment for which a payment specified
under paragraph "a (2)" of this section may be made, together
with any matching share which may be required, shall not exceed
the amount of a reasonable downpayment for the purchase of a
comparable replacement dwelling where such purchase is financed,
plus expenses incident to the' purchase of a replacement dwelling
computed i n accordance herewith. The ful 1 amount of a
downpayment under this section shall be applied to the purchase
of the replacement dwelling and shall be shown on the closing
statement or other document acceptable to the pu_b9 ic entity.
d. Rental Payments for Displaced Owners and Dependents.
(1) Owners. A displaced owner who elects to rent rather than
purchase a replacement dwelling and who meets the eligibility
conditions specified in subsection "b" is eligible for the
payment specified in paragraph "a (1)", in lieu of all other
relocation payments except actual moving expenses.
24. Proration of Payments
For the purpose of calculating relocation benefits hereunder, two or more
individuals (whether they are members of one family or not) living together
in, and displaced from, a dwelling shall be regarded as one person.
25. Certificate of Eligibility
Upon request by a displaced homeowner or tenant who has not yet purchased
and occupied a replacement dwelling, but who is otherwise eligible for a
replacement housing payment, upon reasonable request, the AGENCY shall certify
to any interested party, financial institution, or lending agency, that the
displaced homeowner or tenant will be eligible for the payment of a specific
sum if he purchases and occupies a dwelling within the time limits prescribed.
26. Mobile Homes
a. For purposes of these rules, a mobile home is a dwelling, and a
person displaced from a mobile home must satisfy the same eligibility
requirements and will be provided the same assistance, as'~urance and payments
as a person displaced from a conventional dwelTing.
b. Moving Expenses. If a mobile home is moved to another site, the
displaced person shall be compensated for such reasonable moving expenses.
WPC 1223H
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