Bill Text: CA AB1791 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Redevelopment: Fort Ord Reuse Plan: project area

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB1791 Detail]

Download: California-2009-AB1791-Amended.html

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BILL NUMBER: AB 1791	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN SENATE  MAY 24, 2010
	AMENDED IN ASSEMBLY  APRIL 12, 2010

INTRODUCED BY   Assembly Member Monning
   (Principal coauthor: Assembly Member Caballero)

                        FEBRUARY 10, 2010

   An act to amend Section 33492.70 of the Health and Safety Code,
relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1791, as amended, Monning. Redevelopment: Fort Ord Reuse Plan:
project area territory.
   Existing law, known as the Fort Ord Reuse Authority Act,
authorizes specified local agencies in Monterey County to establish
the Fort Ord Reuse Authority to prepare, adopt, finance, and
implement a plan for future use and development of the territory
occupied by the Fort Ord military base in Monterey County. Existing
law authorizes a city or county redevelopment agency to establish a
project area that includes territory within the jurisdiction of the
city or county that is also within the territory of Fort Ord, but
only pursuant to the provisions of the act.
   Existing law also prohibits a redevelopment agency from providing
any form of direct assistance to a development that will be or is on
a parcel of land which has not been previously developed for urban
use and that will generate sales or use tax, except as specified.
   This bill would exempt the territory within a project area added
pursuant to the Fort Ord Reuse Authority Act from the prohibition if
the redevelopment agency, prior to establishing the project area,
adopts a resolution making specified findings and if the territory is
designated as having a specified use.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 33492.70 of the Health and Safety Code is
amended to read:
   33492.70.  (a) (1) This article shall govern the establishment and
operation of all redevelopment project areas created within the area
previously known as Fort Ord.
   (2) It is the intent of the Legislature that the redevelopment of
the territory of Fort Ord be conducted jointly, in part by
redevelopment project areas established by cities and the county with
jurisdiction over parts of the territory of what was previously
known as Fort Ord, and in part by the Fort Ord Reuse Authority. It is
further the intent of the Legislature that this joint redevelopment
include the sharing of tax increment revenues pursuant to this
article. The joint division of tax increment will enable the local
redevelopment agencies to finance redevelopment activities which
primarily affect their own jurisdictions, and the authority will have
a revenue source to assist in financing redevelopment of facilities
of basewide significance.
   (b) The board of the Fort Ord Reuse Authority, as established by
Title 7.85 (commencing with Section 67650) of the Government Code,
may, by ordinance, establish in the area of Fort Ord a public body,
corporate and politic, known as the Redevelopment Agency of Fort Ord.
This agency may transact business and exercise its powers as a
redevelopment agency upon the effective date of the establishing
ordinance. The provisions of the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24), as modified by
Chapter 4.5 (commencing with Section 33492) thereof, shall apply to
the Redevelopment Agency of Fort Ord, and this agency shall have all
powers of a redevelopment agency as provided in this part.
   (c) In addition to the powers of an agency, the Redevelopment
Agency of Fort Ord shall also act as the legislative body and the
planning commission for all approvals and actions required and
authorized by this part for the adoption and implementation of a
redevelopment plan. However, subject to the consistency and appeal
provision of Title 7.85 (commencing with Section 67650) of the
Government Code and other applicable provisions of state law, all
planning, zoning, and permitting 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, as
applicable.
   (d) For purposes of this article, "board" means the governing
board of the Fort Ord Reuse Authority, as defined in Title 7.85
(commencing with Section 67650) of the Government Code. "Legislative
body," as used elsewhere in this part, shall, for the purposes of
this article when relating to the Redevelopment Agency of Fort Ord,
also refer to the governing board of the Fort Ord Reuse Authority.
   (e) The board may create a project area to include all or a
portion or portions of the area of Fort Ord, except that the board
shall not create a project area which overlays any territory included
within a project area established by the redevelopment agency of a
city or the county.
   (f) (1) A city or county redevelopment agency may establish a
project area which includes any or all of the territory within the
jurisdiction of the city or county which is also within the territory
of Fort Ord, but only pursuant to the provisions of this section.
   (2) Subdivision (b) of Section 33426.5 shall not apply to
territory within a project area established pursuant to paragraph (1)
if the Final Base Reuse Plan, adopted pursuant to Section 67675 of
the Government Code, and as the plan existed on January 1, 2010,
designates the territory as any of the following:
   (A) A planned development mixed-use district.
   (B) A business park with light industrial, office, and research
and development mixed uses. 
   (C) A neighborhood retail space.  
   (D) 
    (C)  A regional retail space. 
   (E) A space designated for visitor services use. 
   (3) Prior to utilizing the exclusion in paragraph (2), a
redevelopment agency shall adopt a resolution finding, based on
substantial evidence, all of the following:
   (A) The community has adopted a housing element that the
department has determined pursuant to Section 65585 of the Government
Code to be in substantial compliance with the requirements of
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division
1 of Title 7 of the Government Code.
   (B) During the three fiscal years prior to the year in which the
project area is to be established, the agency has not been included
in the list of agencies that have not corrected a major audit
violation compiled pursuant to subdivision (b) of Section 33080.8.
   (C) The agency has not accumulated an excess surplus in its Low
and Moderate Income Housing Fund. As used in this section, "excess
surplus" has the same meaning as in Section 33334.12.