Mitigation Measures and Conditions [40 CFR 1505.2(c)]:
Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents. The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan.
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Mitigation Measure or Condition
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Comments on Completed Measures
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Complete
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Housing Requirements (50)
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PROJECT IS IN COMPLIANCE.
NO particular mitigation measures are necessary or needed.
The Phase 1 ESA Report in the Findings, Conclusions, Opinions and Recommendations pages 37 and 38 indicate, This assessment has revealed NO evidence of recognized environmental conditions (RECs) or environmental issues in connection with the subject property.
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N/A
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Mitigation Plan
NO particular mitigation plan and / or measures are needed or necessary. The Phase 1 ESA Report in the Findings, Conclusions, Opinions and Recommendations pages 37 and 38 indicate, This assessment has revealed NO evidence of recognized environmental conditions (RECs) or environmental issues in connection with the subject property.
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Supporting documentation on completed measures
APPENDIX A: Related Federal Laws and Authorities
Airport Hazards
General policy
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Legislation
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Regulation
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It is HUD’s policy to apply standards to prevent incompatible development around civil airports and military airfields.
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24 CFR Part 51 Subpart D
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1. To ensure compatible land use development, you must determine your site’s proximity to civil and military airports. Is your project within 15,000 feet of a military airport or 2,500 feet of a civilian airport?
Based on the response, the review is in compliance with this section. Document and upload the map showing that the site is not within the applicable distances to a military or civilian airport below
Screen Summary
Compliance Determination
PROJECT IS IN COMPLIANCE. The project site is not within 15,000 feet of a military airport or 2,500 feet of a civilian airport. The project is in compliance with Airport Hazards requirements. NEAREST MAJOR AIRPORT(S) TO SUBJECT'S Cathedral City, Riverside County, California 92234: The closest major airport to Cathedral City, California is Palm Springs International Airport (PSP / KPSP). This airport is in Palm Springs, California and is 6 miles from the center of Cathedral City, CA. INTERNATIONAL AIRPORTS NEAR Cathedral City, CA: 6 miles: Palm Springs, CA (PSP / KPSP) Palm Springs International Airport; 78 miles: Ontario, CA (ONT / KONT) LA/Ontario International Airport; 106 miles: Santa Ana, CA (SNA / KSNA) John Wayne Airport; and 131 miles: Los Angeles, CA (LAX / KLAX) Los Angeles International Airport. DOMESTIC AIRPORTS NEAR Cathedral City, CA: 6 miles: Palm Springs, CA (PSP / KPSP) Palm Springs International Airport; 78 miles: Ontario, CA (ONT / KONT) LA/Ontario International Airport; 98 miles: Imperial, CA (IPL / KIPL) Imperial County Airport; 101 miles: Carlsbad, CA (CLD / KCRQ / CRQ) McClellan-Palomar Airport; 106 miles: Santa Ana, CA (SNA / KSNA) John Wayne Airport; 119 miles: Long Beach, CA (LGB / KLGB) Long Beach Airport; 131 miles: Los Angeles, CA (LAX / KLAX) Los Angeles International Airport; and 150 miles: San Diego, CA (SAN / KSAN) San Diego International Airport. LOCAL AIRPORTS NEAR Cathedral City, CA: 15 miles: Palm Springs, CA (UDD / KUDD) Bermuda Dunes Airport; 29 miles: Banning, CA (BNG / KBNG) Banning Municipal Airport; and 29 miles: Palm Springs, CA (TRM / KTRM) Jacqueline Cochran Regional Airport.
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Supporting documentation
Are formal compliance steps or mitigation required?
Coastal Barrier Resources
General requirements
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Legislation
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Regulation
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HUD financial assistance may not be used for most activities in units of the Coastal Barrier Resources System (CBRS). See 16 USC 3504 for limitations on federal expenditures affecting the CBRS.
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Coastal Barrier Resources Act (CBRA) of 1982, as amended by the Coastal Barrier Improvement Act of 1990 (16 USC 3501)
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This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act.
Compliance Determination
PROJECT IS IN COMPLIANCE. This project is located in a state (California) that DOES NOT contain CBRS units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. There are only 21 states, plus the U.S. territories of Puerto Rico and the Virgin Islands, which have Coastal Barrier Resource Act System areas of concern, namely: (1) Alabama; (2) Connecticut; (3) Delaware; (4) Florida; (5) Georgia; (6) Louisiana; (7) Maine; (8) Maryland; (9) Massachusetts; (10) Michigan; (11) Minnesota; (12) Mississippi; (13) New Jersey; (14) New York; (15) North Carolina; (16) Ohio; (17) Puerto Rico; (18) Rhode Island; (19) South Carolina; (20) Texas; (21) Virgin Islands; (22) Virginia; and (23) Wisconsin. OVERVIEW OF COASTAL BARRIER RESOURCES SYSTEM: In the early 1980s, Congress recognized that certain actions and programs of the Federal Government have historically subsidized and encouraged development on coastal barriers, resulting in the loss of natural resources; threats to human life, health, and property; and the expenditure of millions of tax dollars each year. To remove the federal incentive to develop these areas, the Coastal Barrier Resources Act (CBRA) of 1982 and subsequent amendments designated relatively undeveloped coastal barriers along the Atlantic, Gulf of Mexico, Great Lakes, U.S. Virgin Islands, and Puerto Rico coasts as part of the John H. Chafee Coastal Barrier Resources System (CBRS), and made these areas ineligible for most new federal expenditures and financial assistance. CBRA encourages the conservation of hurricane prone, biologically rich coastal barriers by restricting federal expenditures that encourage development, such as federal flood insurance. Areas within the CBRS can be developed provided that private developers or other non-federal parties bear the full cost.
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Supporting documentation
Are formal compliance steps or mitigation required?
Flood Insurance
General requirements
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Legislation
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Regulation
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Certain types of federal financial assistance may not be used in floodplains unless the community participates in National Flood Insurance Program and flood insurance is both obtained and maintained.
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Flood Disaster Protection Act of 1973 as amended (42 USC 4001-4128)
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24 CFR 50.4(b)(1) and 24 CFR 58.6(a) and (b); 24 CFR 55.1(b).
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1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property?
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No. This project does not require flood insurance or is excepted from flood insurance.
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2. Upload a FEMA/FIRM map showing the site here:
The Federal Emergency Management Agency (FEMA) designates floodplains. The FEMA Map Service Center provides this information in the form of FEMA Flood Insurance Rate Maps (FIRMs). For projects in areas not mapped by FEMA, use the best available information to determine floodplain information. Include documentation, including a discussion of why this is the best available information for the site. Provide FEMA/FIRM floodplain zone designation, panel number, and date within your documentation.
Is the structure, part of the structure, or insurable property located in a FEMA-designated Special Flood Hazard Area?
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
PROJECT IS IN COMPLIANCE. FEMA's Flood Insurance Rate Map (FIRM) appears to show the subject as being in Community Panel Number 06065-C-1586-G, dated August 28, 2008, and appears to show the subject site to be within a shaded Flood Zone X, an area of 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Therefore, the structure or insurable property IS NOT located in a FEMA-designated Special Flood Hazard Area (SFHA). While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The PROJECT IS IN COMPLIANCE with flood insurance requirements and regulations.
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Supporting documentation
Are formal compliance steps or mitigation required?
Air Quality
General requirements
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Legislation
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Regulation
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The Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), which sets national standards on ambient pollutants. In addition, the Clean Air Act is administered by States, which must develop State Implementation Plans (SIPs) to regulate their state air quality. Projects funded by HUD must demonstrate that they conform to the appropriate SIP.
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Clean Air Act (42 USC 7401 et seq.) as amended particularly Section 176(c) and (d) (42 USC 7506(c) and (d))
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40 CFR Parts 6, 51 and 93
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1. Does your project include new construction or conversion of land use facilitating the development of public, commercial, or industrial facilities OR five or more dwelling units?
Based on the response, the review is in compliance with this section.
Screen Summary
Compliance Determination
PROJECT IS IN COMPLIANCE. Based on the project description, this project includes no activities that would require further evaluation under the Clean Air Act. The project is in compliance with the Clean Air Act. Review of the online EPA air quality information for California through the EPA State Implementation Plan (SIP) indicates the designated areas for SIP requirements includes the subject property as part of the Riverside County area. The Riverside County area is listed as a non-attainment area for Ozone levels and Particulate Matter (PM) 10. The proposed activities at the subject property (refinancing) would be considered a non-stationary action and, as such, is exempt from permits for air quality regulations. Since the subject property is an existing multifamily facility, NO ACTION is warranted for the facility at this time. A copy of the Air Quality - SIP Report is included and attached to this Heros environmental report as part of the Phase 1 ESA report appendices.
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Supporting documentation
Are formal compliance steps or mitigation required?
Coastal Zone Management Act
General requirements
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Legislation
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Regulation
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Federal assistance to applicant agencies for activities affecting any coastal use or resource is granted only when such activities are consistent with federally approved State Coastal Zone Management Act Plans.
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Coastal Zone Management Act (16 USC 1451-1464), particularly section 307(c) and (d) (16 USC 1456(c) and (d))
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15 CFR Part 930
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1. Is the project located in, or does it affect, a Coastal Zone as defined in your state Coastal Management Plan?
Based on the response, the review is in compliance with this section. Document and upload all documents used to make your determination below.
Screen Summary
Compliance Determination
PROJECT IS IN COMPLIANCE. This project IS NOT LOCATED IN or DOES NOT AFFECT a Coastal Zone as defined in the state Coastal Management Plan. The PROJECT IS IN COMPLIANCE with the Coastal Zone Management Act. CALIFORNIA: The California Coastal Management Program, approved by NOAA in 1978, is administered by three state agencies: (1) The California Coastal Commission manages development along the California coast except San Francisco Bay, where the San Francisco Bay Conservation and Development Commission oversees development. (2) The California Coastal Conservancy purchases, protects, restores, and enhances coastal resources, and provides access to the shore. The primary authorities for the California Coastal Management Program are the California Coastal Act, McAteer-Petris Act, and Suisan Marsh Preservation Act. The California coastal zone generally extends 1,000 yards inland from the mean high tide line. (3) The coastal zone for the San Francisco Bay Conservation and Development Commission includes the open water, marshes, and mudflats of greater San Francisco Bay, and areas 100 feet inland from the line of highest tidal action. The National Coastal Zone Management Program comprehensively addresses the nation's coastal issues through a voluntary partnership between the federal government and coastal and Great Lakes states and territories. Authorized by the Coastal Zone Management Act of 1972, the program provides the basis for protecting, restoring, and responsibly developing our nation's diverse coastal communities and resources. Currently 34 coastal states participate. While state partners must follow basic requirements, the program also gives states the flexibility to design unique programs that best address their coastal challenges and regulations. By leveraging both federal and state expertise and resources, the program strengthens the capabilities of each to address coastal issues. Major components of the national program include federal consistency, program enhancements, and non-point pollution control. HELPFUL RESOURCES FOR COASTAL MANAGERS include: (1) Contracting Assistance; (2) Digital Coast; (3) Fellowship Program; (4) Funding; (5) Length of shoreline; (6) Ocean Planning; (7) Shoreline Change Analysis; (8) Smart Growth Resources; (9) State of the Coast Report; and (10) Training.
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Supporting documentation
Are formal compliance steps or mitigation required?
Contamination and Toxic Substances
General requirements
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Legislation
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Regulations
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It is HUD policy that all properties that are being proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of the occupants or conflict with the intended utilization of the property.
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24 CFR 58.5(i)(2)
24 CFR 50.3(i)
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1. How was site contamination evaluated? Select all that apply. Document and upload documentation and reports and evaluation explanation of site contamination below.
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American Society for Testing and Materials (ASTM) Phase I Environmental Site Assessment (ESA)
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ASTM Phase II ESA
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Remediation or clean-up plan
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ASTM Vapor Encroachment Screening
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None of the Above
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2. Were any on-site or nearby toxic, hazardous, or radioactive substances found that could affect the health and safety of project occupants or conflict with the intended use of the property? (Were any recognized environmental conditions or RECs identified in a Phase I ESA and confirmed in a Phase II ESA?)
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