2007 California Health and Safety Code Article 1.5. Norton Air Force Base And George Air Force Base Redevelopment Project Areas .. 33492.40-33492.42

CA Codes (hsc:33492.40-33492.42)

33492.40.  (a) Notwithstanding Section 33320.1, the requirement that
privately owned land within a project area be "predominantly
urbanized," as that term is defined in subdivision (b) of Section
33320.1, shall not apply to privately owned land within a project
area, if the privately owned land is adjacent or in proximity to a
military facility or installation that is proposed to be closed
pursuant to Public Law 100-526 and the inclusion of the privately
owned land is found by an entity formed pursuant to subdivision (b)
to be necessary for the effective redevelopment of the military
facility or installation and the adjacent area.
   (b) The legislative bodies for communities having territory
within, adjacent to, or in proximity to a military facility or
installation described in subdivision (a) may create a separate joint
powers agency pursuant to Chapter 5 (commencing with Section 6500)
of Division 7 of Title 1 of the Government Code, which shall have and
exclusively exercise powers of an agency in furtherance of the
redevelopment of a project area approved by the joint powers agency.
The joint powers agency so formed shall include as one of its
members the county in which the project area is located.  In addition
to the powers of an agency, the joint powers agency so formed shall
also act as the legislative body and planning commission for all
approvals and actions required by this part of legislative bodies and
planning commissions for the adoption and implementation of a
redevelopment plan.  However, all land use, planning, and development
decisions with regard to the land within the project area shall
continue to be under the control and jurisdiction of each of the
respective local legislative bodies or planning commissions, as
applicable.
   (c) The territory included within the project and project area may
be contiguous or noncontiguous, and any project area may be located
in whole or in part within one or more of the communities impacted by
the closure of the military facility or installation, and the land
to be included within the project area within the community or
communities in proximity to the military facility or installation
shall be found necessary for the effective redevelopment of the
military facility or installation and the adjacent area. A project
area shall not include territory outside the jurisdiction of the
communities that are parties to the joint powers agency without the
consent of the legislative body having jurisdiction over the
territory proposed to be included within the project area.
   (d) A redevelopment plan for the project area shall contain all of
the provisions required by this part.  However, if the agency finds,
based on substantial evidence on the record, that compliance with
the requirements of Sections 33333.2 and 33334.1 would make it
impracticable to achieve the policies of this section, the agency may
eliminate or modify the requirements of Sections 33333.2 and
33334.1.
   (e) The redevelopment plan shall provide for either of the
following:
   (1) A Low- and Moderate-Income Housing Fund, as required by
Section 33334.2.
   (2) A deferral for depositing all or part of the 20 percent of
taxes allocated to the agency pursuant to Section 33670 in the Low-
and Moderate-Income Housing Fund if the agency, after conducting a
noticed public hearing, makes, and the executive committee of the
Southern California Association of Governments reviews and approves,
findings supported by substantial evidence that all of the following
apply:
   (A) The military facility or installation cannot be acquired or
developed by private enterprise without the assistance of the agency.

   (B) There are no feasible alternative means of financing the
acquisition or development of the military facility or installation
other than by utilizing the low- and moderate-income housing portion
of the taxes that are allocated to the agency pursuant to subdivision
(b) of Section 33670.
   (C) Failure of the agency to finance the acquisition or
development of the military facility or installation would lead to
serious economic hardship and job loss.
   (D) The redevelopment plan shall specify the period during which
less than 20 percent of the taxes that are allocated to the agency
pursuant to subdivision (b) of Section 33670, is to be deposited in
the Low- and Moderate-Income Housing Fund.  The redevelopment plan
shall also contain a repayment plan which specifies a date at which
time the agency will have made up the deficit created by the
deferral, including repayment of the interest at the highest rate
received by the agency on funds it deposits during the period of
deferral.  The repayment plan shall reduce the deficit in the
shortest feasible time consistent with the needs of the agency, as
specified in the agency's findings.
   (f) The joint powers agency acting as the agency, the legislative
body or the planning commission, shall follow all procedures under
this part applicable to the adoption and amendment of redevelopment
plans, except with respect to Section 33347.5, Sections 33353 to
33353.6, inclusive, Sections 33354.4 to 33354.6, inclusive, and
Section 33385.
   (g) The agency shall create a fiscal advisory group to consult
with each affected taxing agency and to advise and report to the
agency in the manner required of a fiscal review committee by Section
33353.5 on any potential fiscal impact upon affected taxing agencies
within the project area.  The fiscal advisory group shall consist of
the financial officer or treasurer of each city and each county that
created the joint powers authority.
   (h) The agency shall prepare and distribute to each affected
taxing agency a report that includes the information required by
Section 33328.  The agency shall also prepare an analysis of the
report required of a fiscal review committee pursuant to subdivision
(m) of Section 33352 and an analysis of the report required of the
fiscal advisory group pursuant to subdivision (g).
   (i) As used in this section, "in proximity to" means within three
miles of the boundary of Norton Air Force Base and within eight miles
of George Air Force Base.
   (j) The Legislature finds and declares that the closure of two or
more military facilities or installations within the County of San
Bernardino will cause serious economic hardship in that county,
including loss of jobs, increased unemployment, deterioration of
properties and land utilization and undue disruption of the lives and
activities of the people.  Therefore, the Legislature finds and
declares that to avoid serious economic hardship and accompanying
blight, it is necessary to enact this act which shall apply only
within the County of San Bernardino.  In enacting this act, it is the
policy of the Legislature to assist communities within the County of
San Bernardino in their attempt to preserve the military facilities
and installations for their continued use as airports and
aviation-related purposes.
   It is the intent of the Legislature and the commitment of the
local authorities to ensure that the existing airfields at both
Norton Air Force Base and George Air Force Base are protected,
developed, and enhanced as civil aviation public use airports.
Therefore, the joint powers authorities authorized by this section
should make every reasonable effort to guarantee that these vital
airport facilities are retained for general aviation use now and into
the future.
   (k) Any joint powers agreement entered into pursuant to this
section shall provide that the financial needs of each of the parties
shall be considered prior to adoption of a redevelopment plan, and
may provide that the number of years shall be limited during which
bonded indebtedness may be paid using taxes that are allocated to the
agency pursuant to subdivision (b) of Section 33670.
   (1) A joint powers agency operating within the area of Norton Air
Force Base shall appoint a project area citizens committee for the
purpose of consultation and advice regarding policy matters that
relate to planning and programs affecting the residents, businesses,
and educational institutions within the project area, implementation
of the redevelopment plan, and the development and implementation of
amendments to the redevelopment plan.
   (2) The committee shall be comprised of residential owners,
residential tenants, business owners, small business owners, business
tenants, educational institution representatives, and community
groups currently operating, living, or working within the project
area.  The membership of the Project Area Citizens Committee shall be
appointed by the legislative body of the agency and shall be
representative, both racially and ethnically, of the people who live
and work within the project area.
   (3) For the purposes described above, the committee shall meet at
least once quarterly or more often to review policy matters and
implementation issues as determined necessary by the legislative
body.
   (l) Amendments to any redevelopment plans adopted pursuant to this
section shall not be required to comply with the provisions of
Section 33452, provided that notice of the public hearing for any
amendment adopted pursuant to  Article 12 (commencing with Section
33450) of Chapter 4, is published pursuant to Section 6063 of the
Government Code and mailed by regular mail to the governing body of
each of the taxing agencies that levies taxes upon any property in
the project area designated in the redevelopment plan as proposed to
be amended.


33492.41.  (a) Notwithstanding Section 21090 of the Public Resources
Code, the Inland Valley Development Agency may determine at a
noticed public hearing that the amendment of a redevelopment plan for
the Norton Air Force Base Redevelopment Project Area pursuant to
this chapter is not subject to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code), except that projects implementing the redevelopment
plan, including specific plans, rezonings, and ministerial projects
that may have a significant effect on the environment, shall be
subject to the California Environmental Quality Act.  The
environmental document for any implementing project shall include an
analysis and mitigation of potential cumulative impacts that
otherwise will not be known until an environmental impact report for
the redevelopment plan is certified.
   (b) The notice of the public hearing required pursuant to
subdivision (a) shall include the date, time, and place of the
hearing, a brief description of the proposed project and its
location, the date when notice will be provided pursuant to Section
21092 of the Public Resources Code, and the address where copies of
the notice of exemption are available for review.
   (c) The notice required by this section shall be given to all
organizations and individuals who have previously requested notice
pursuant to the California Environmental Quality Act, and shall be
given by publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project.
   (d) If the Inland Valley Development Agency determines, pursuant
to subdivision (a), that the amendment of a redevelopment plan is not
subject to the California Environmental Quality Act, the
redevelopment agency shall prepare and certify an environmental
impact report for the redevelopment plan amendment within 12 months
after the effective date of the ordinance amending the redevelopment
plan.
   (e) An environmental impact report prepared and certified for a
specific plan or other comprehensive land use plan for the applicable
portion of the Inland Valley Redevelopment Project Area shall
satisfy the requirement of subdivision (d) if the plan covers the
same area and project as the amendment to the redevelopment plan and
is certified within 12 months after the effective date of the
ordinance amending the redevelopment plan.
   (f) The redevelopment agency shall revise the redevelopment plan
if necessary to mitigate any impacts and comply with the California
Environmental Quality Act and adopt mitigation measures as conditions
of project approval.
   (g) This section shall only apply to a redevelopment plan
amendment approved on or before September 1, 1995.



33492.42.  (a) The redevelopment agency referenced in Section
33492.41 may locate, construct, and maintain facilities and
infrastructure for sewer and water pipelines or other facilities for
sewer transmission and water supply or distribution systems along and
across any street or public highway and on any lands that are now or
hereafter owned by the state, for the purpose of providing
facilities or services related to development, as defined in
subdivision (e) of Section 56426 of the Government Code, to or in
that portion of the redevelopment project area referenced in
subdivision (e) of Section 33492.41 that, as of January 1, 2000,
meets all of the following requirements:
   (1) Is unincorporated territory.
   (2) Contains at least 100 acres.
   (3) Is surrounded or substantially surrounded by incorporated
territory.
   (4) Contains at least 100 acres zoned for commercial or industrial
uses or is designated on the applicable county general plan for
commercial or industrial uses.
   (b) Facilities or services related to development may be provided
by the redevelopment agency referenced in Section 33492.41 to all or
any portion of the area defined in paragraphs (1) to (4), inclusive,
of subdivision (a).  Notwithstanding any other provision of the
Government Code, building ordinances, zoning ordinances, and any
other local ordinances, rules, and regulations of a city or other
political subdivision of the state shall not apply to the location,
construction, or maintenance of facilities or services related to
development pursuant to this section.