2007 California Health and Safety Code Article 5. March Joint Powers Redevelopment Agency ... 33492.80-33492.89

CA Codes (hsc:33492.80-33492.89)

33492.80.  For purposes of this article, it is the intent of the
Legislature to provide a means of mitigating the economic and social
degradation facing communities impacted by the realignment of March
Air Force Base.


33492.81.  (a) The March Joint Powers Authority, a public entity
created pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code, and
composed of the Cities of Moreno Valley, Perris, and Riverside and
the County of Riverside, is hereby authorized to establish the March
Joint Powers Redevelopment Agency, with all of the powers, authority,
and duties granted to it under this part, as a public body,
corporate and politic, for the exclusive purpose of establishing the
March Air Force Base Redevelopment Project Area pursuant to this
article.
   (b) The March Joint Powers Redevelopment Agency shall act as the
legislative body and planning commission for all approvals and
actions required or authorized 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.



33492.82.  (a) For purposes of this article, a blighted area within
the boundaries of March Air Force Base, as those boundaries exist on
January 1, 1995, is either one of the following:
   (1) An area in which the combination of two or more of the
conditions set forth in subdivision (a) or (b) of Section 33492.83 is
so prevalent and so substantial that it causes a reduction of, or a
lack of, proper utilization of the area to an extent that constitutes
a serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
   (2) An area that contains one or more of the conditions described
in subdivision (b) of Section 33492.83, the effect of which is so
prevalent and so substantial that it causes a reduction of, or a lack
of, proper utilization of the area to an extent that constitutes a
serious physical and economic burden on the community that cannot
reasonably be expected to be reversed or alleviated by private
enterprise, or governmental action, or both, without redevelopment,
and is, in addition, characterized by the existence of inadequate
public improvements, public facilities, and utilities that cannot be
remedied by private or governmental action without redevelopment.
   (b) For the purposes of this article, a blighted area outside the
boundaries of March Air Force Base, as those boundaries exist on
January 1, 1995, shall be an area that meets the requirements of
Section 33030.



33492.83.  (a) This subdivision, for purposes of this article,
describes physical conditions that cause blight.
   (1) Buildings in which it is unsafe or unhealthy for persons to
live or work.  These conditions can be caused by serious building
code violations, dilapidation and deterioration, defective design or
physical construction, faulty or inadequate infrastructure, or other
similar factors.
   (2) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas.  This condition can
be caused by a substandard design; buildings that are too large or
too small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property.  This condition can also be caused by buildings that will
have to be demolished or buildings or areas that have a lack of
parking.
   (3) Adjacent or nearby uses that are incompatible with each other
and that prevent the economic development of those parcels or other
portions of the project area.
   (4) Buildings on land that, when subdivided or when infrastructure
is installed, will not comply with normal subdivision, zoning, or
planning regulations.
   (b) This subdivision, for purposes of this article, describes
economic conditions that cause blight:
   (1) Land that contains materials or facilities, including, but not
necessarily limited to, materials for airport runways that will have
to be removed to allow development.
   (2) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards.  Notwithstanding any other provision of
law, the March Joint Powers Redevelopment Agency is specifically
prohibited from accepting responsibility for, or using agency
authority on behalf of, hazardous waste sites that are the
responsibility of the federal government.
   (c) Pursuant to Section 33321, a project area need not be
restricted to buildings, improvements, or lands which are not
detrimental or inimical to the public health, safety, or welfare, but
may consist of an area in which these conditions predominate and
injuriously affect the entire area.  A project area may include
lands, buildings, or improvements which are not detrimental to the
public health, safety, or welfare, but whose inclusion is found
necessary for the effective redevelopment of the area of which they
are a part.  Each area included under this section shall be necessary
for effective redevelopment and shall not be included for the
purpose of obtaining the allocation of tax-increment revenue from the
area pursuant to Section 33670 without other substantial
justification for its inclusion.



33492.84.  For purposes of this article, the terms "redevelopment
agency" and "agency" refer to the March Joint Powers Redevelopment
Agency, which is hereby authorized to engage in the redevelopment
activities included in and referenced by this article.




33492.85.  (a) A redevelopment plan for March Air Force Base,
adopted pursuant to this chapter and containing the provisions set
forth in Section 33670, shall contain all of the following
limitations:
   (1) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project, which may not exceed 20 years from the date
the county auditor certifies pursuant to Section 33492.9, except by
amendment of the redevelopment plan as authorized by subparagraph
(B).  The loans, advances, or indebtedness may be repaid over a
period of time longer than the time limit as provided in this
section.  No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the agency
beyond this time limitation.
   (B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that (i) substantial blight
remains within the project area; (ii) this blight cannot be
eliminated without the establishment of additional debt; and (iii)
the elimination of blight cannot reasonably be accomplished by
private enterprise acting alone or by the legislative body's use of
financing alternatives other than tax increment financing.  However,
this amended time limitation may not exceed 30 years from the date
the county auditor certifies pursuant to Section 33492.9.
   (2) A time limit, not to exceed 30 years from the date the county
auditor certifies pursuant to Section 33492.9, on the effectiveness
of the redevelopment plan.  After the time limit on the effectiveness
of the redevelopment plan, the agency shall have no authority to act
pursuant to the redevelopment plan except to pay previously incurred
indebtedness and enforce existing covenants or contracts.
   (3) A time limit, not to exceed 45 years from the date the county
auditor certifies pursuant to Section 33492.9, to repay indebtedness
with the proceeds of property taxes received pursuant to Section
33670.  After the time limit established pursuant to this paragraph,
an agency may not receive property taxes pursuant to Section 33670.
   (b) (1) A redevelopment plan, adopted pursuant to this chapter,
that does not contain the provisions set forth in Section 33670 shall
contain the limitations in paragraph (2).
   (2) A time limit, not to exceed 12 years from the date the county
auditor certifies pursuant to Section 33492.9, for commencement of
eminent domain proceedings to acquire property within the project
area.  This time limitation may be extended only by amendment of the
redevelopment plan.



33492.86.  (a) This section shall apply to a redevelopment project
area the territory of which includes March Air Force Base, that is
adopted pursuant to a redevelopment plan that contains the provisions
required by Section 33670, and that is adopted pursuant to this
chapter. The redevelopment agency shall make the payments to affected
school districts and community college districts required by
subdivision (a) of Section 33607.5, except that each of the time
periods governing the payments shall be calculated from the date the
county auditor makes the certification to the Director of Finance
pursuant to Section 33492.9 instead of from the first fiscal year in
which the agency receives tax-increment revenue.
   (b) (1) Pursuant to Section 33492.3, the March Air Force Base
Project Area adopted pursuant to this article may include all, or any
portion of, property within the military base that the federal Base
Closure and Realignment Commission has voted to realign when that
action has been sustained by the President and the Congress of the
United States, regardless of the percentage of urbanized land, as
defined in Section 33320.1, within the military base.
   (2) (A) Pursuant to Section 33492.3, the March Air Force Base
Project Area may include territory outside the military base. The
project area shall be entirely contained within a one-mile perimeter
of the boundaries of March Air Force Base, as those boundaries exist
on January 1, 1995. At no time shall the aggregate acreage of the
project area outside the boundaries of March Air Force Base, as those
boundaries exist on January 1, 1995, exceed 2 percent of the total
acreage contained within that one-mile perimeter, and these areas may
only be included in the project area upon a finding of benefit to
the March Air Force Base Project Area and with the concurrence of the
legislative bodies of the County of Riverside, the City of Moreno
Valley, the City of Perris, and the City of Riverside.
   (B) The agency for the March Air Force Base Project Area may, with
the concurrence of the relevant legislative body pursuant to
subparagraph (B), pay for all or a part of the value of land and the
cost of the installation and construction of any structure or
facility or other improvement that is publicly owned outside the
jurisdiction of the agency, if the legislative body of the agency
determines all of the following:
   (i) That the structure, facility, or other improvement is of
benefit to the project area.
   (ii) That no other reasonable means of financing the facilities,
structures, or improvements are available to the community.
   (iii) That the payment of funds for the acquisition of land or the
cost of facilities, structures, or other improvements will assist in
the elimination of one or more blight conditions, as identified
pursuant to Section 33492.83, inside the project area, or provide
housing for low- or moderate-income persons.
   (C) Concurrence of the relevant legislative body shall be
demonstrated by the adoption of an ordinance by the community where
the structure, facility, or other improvement is to be located that
authorizes the redevelopment of the area within its territorial
limits by the redevelopment agency for the March Air Force Base
Project Area.
   (D) All projects authorized by this subdivision shall be within
communities that are contiguous to the March Air Force Base Project
Area.
   (c) Notwithstanding subdivision (a) of Section 33492.15 or any
other provision of law, the March Joint Powers Redevelopment Agency
shall not be obligated to make any payments required by subdivision
(a) of Section 33492.15 to the County of Riverside, the County Free
Library Fund, and the County Fire Fund. Instead, the March Joint
Powers Redevelopment Agency shall be required to make those payments
required under the Cooperative Agreement entered into among the
County of Riverside, the March Joint Powers Authority, and the March
Joint Powers Redevelopment Agency dated August 20, 1996, as that
agreement may be amended from time to time.


33492.87.  (a) (1) Notwithstanding Section 33334.2 or any other
provision of law, the agency established or governed pursuant to this
article may annually defer the requirement to allocate 20 percent of
tax-increment revenue to the Low and Moderate Income Housing Fund
for a period of up to 5 years after the date on which the county
auditor makes the certification pursuant to Section 33492.9.
   (2) The agency shall not defer its allocation in any year unless
it first adopts a finding based on substantial evidence that the
vacancy rate for rental housing affordable to lower income households
within the jurisdiction of the members of the agency is greater than
4 percent.
   (3) The amount of the deferral, if any, shall be considered an
indebtedness of the agency and shall be paid into the Low and
Moderate Income Housing Fund no later than the end of the 10th fiscal
year after the date on which the county auditor makes the
certification pursuant to Section 33492.9.  If the indebtedness is
not eliminated by the end of the 10th fiscal year, the county auditor
or controller shall, no later than March 15 of the 11th year,
withhold an amount equal to the indebtedness and deposit those funds
into a separate Low and Moderate Income Housing Fund for use by the
redevelopment agency to meet its affordable housing requirements
pursuant to this part.
   (b) The agency shall not be required to replace barracks or
dormitory-style housing or Arnold Heights housing that is adaptively
reused, demolished, or removed within the boundaries of March Air
Force Base.


33492.88.  Notwithstanding any other provision of law, as part of an
agreement that provides for the development, rehabilitation, or
improvement of buildings, structures, or facilities within the
project area, the redevelopment agency may use any available funds,
including moneys received pursuant to Section 33670, to provide
credit enhancements, including, but not limited to, the ability to
buy down interest rates, that are necessary for the project.  Prior
to entering into an agreement for a development that would be
assisted pursuant to this section, the agency shall find, after a
public hearing, that the assistance is necessary for the economic
feasibility of the development and that the assistance cannot be
obtained on economically feasible terms in the private sector.



33492.89.  Notwithstanding any other provision of law, the March
Joint Powers Redevelopment Agency shall not expend any tax-increment
funds allocated to it for expenses related to carrying out the
project until and unless the City of Perris adopts a housing element,
pursuant to Section 65585 of the Government Code, that substantially
complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code.