SECTIONS 67675-67686 - California Statutes

GOVERNMENT CODE

SECTION 67675-67686

67675. (a) The board shall prepare, adopt, review, revise from time
to time, and maintain a plan for the future use and development of
the territory occupied by Fort Ord as of January 1, 1993. The adopted
plan shall be the official local plan for the reuse of the base for
all public purposes, including all discussions with the Army and
other federal agencies, and for purposes of planning, design, and
funding by all state agencies.
(b) Notwithstanding any other provision of this section, the board
may adopt the "Final Base Reuse Plan" prepared by the Fort Ord Reuse
Group as the Fort Ord Reuse Plan for purposes of this title. The
plan adopted pursuant to this subdivision may serve as the Fort Ord
Reuse Plan until July 1, 1996. The board may prepare elements
described in subdivision (c) that are generally consistent with the
adopted plan. After July 1, 1996, only a plan containing the required
elements and fully satisfying the requirements of this title shall
serve as the Fort Ord Reuse Plan.
(c) The Fort Ord Reuse Plan shall include all of the following
elements:
(1) A land use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses
of land, water, air, space, and other natural resources within the
area of the base. The land use plan shall designate areas of the base
for residential, commercial, industrial, and other uses, and may
specify maximum development intensities and other standards and
criteria. The land use plan shall provide for public safety.
(2) A transportation plan for the integrated development of a
system of roadways, transit facilities, air transportation
facilities, and appurtenant terminals and other facilities for the
movement of people and goods to, from, and within the area of the
base.
(3) A conservation plan for the preservation, development, use,
and management of natural resources within the area of the base,
including, but not limited to, soils, shoreline, scenic corridors
along transportation routes, open spaces, wetlands, recreational
facilities, historical facilities, and habitat of, or for,
exceptional flora and fauna.
(4) A recreation plan for the development, use, and management of
the recreational resources within the area of the base.
(5) A five-year capital improvement program that complies with the
requirements of Section 65403. The program shall include an
allocation of the available water supply, sewage treatment capacity,
solid waste disposal capability, and other limited public service
capabilities among the potential developments within the area of the
base. The program shall also identify both of the following:
(A) Base-wide facilities identified pursuant to Section 67679.
(B) Local facilities that are in the county or a city with
territory occupied by Fort Ord and that primarily serve residents of
the county or that city.
(d) In addition to the plan elements required pursuant to
subdivision (c), the plan may also include any element or subject
specified in Section 65302.
(e) The Fort Ord Reuse Plan may provide for development to occur
in phases, with criteria concerning public facility development and
other factors that must be satisfied within each time phase.
(f) In preparing, adopting, reviewing, and revising the reuse
plan, the board shall be consistent with approved coastal plans, air
quality plans, water quality plans, spheres of influence, and other
county-wide or regional plans required by federal or state law, other
than local general plans, including any amendments subsequent to the
enactment of this title, and shall consider all of the following:
(1) Monterey Bay regional plans.
(2) County and city plans and proposed projects covering the
territory occupied by Fort Ord or otherwise likely to be affected by
the future uses of the base.
(3) Other public and nongovernmental entity plans and proposed
projects affecting the planning and development of the territory
occupied by Fort Ord.

67675.1. Notwithstanding the provisions of Title 7 (commencing with
Section 65000), after the board has adopted a reuse plan, a member
agency with jurisdiction within the territory of Fort Ord may adopt
and rely on the Fort Ord Reuse Plan, including any amendments
thereto, for purposes of its territory within Fort Ord as its local
general plan for purposes of Title 7 until January 1, 1996.

67675.2. After the board has adopted a reuse plan, each county or
city with territory occupied by Fort Ord shall submit its general
plan or amended general plan to the board, which satisfies both of
the following:
(a) The plan is submitted pursuant to a resolution adopted by the
county or city, after a noticed public hearing, that certified that
the portion of the general plan or amended general plan applicable to
the territory of Fort Ord is intended to be carried out in a manner
fully in conformity with this title.
(b) It contains, in accordance with guidelines established by the
board, materials sufficient for a thorough and complete review.

67675.3. (a) The board shall, within 90 days after the submittal,
after a noticed public hearing, either certify or refuse to certify,
in whole or in part, the portion of the general plan or amended
general plan applicable to the territory of Fort Ord.
(b) Where a general plan or amended general plan is refused
certification, in whole or in part, the board shall provide a written
explanation and may suggest modifications, which, if adopted and
transmitted to the board by the county or a city, will allow the
amended general plan to be deemed certified upon confirmation of the
executive officer of the board. The county or a city may elect to
meet the board's refusal of certification in a manner other than as
suggested by the board and may then resubmit its revised general plan
to the board. If the county or a city requests that the board not
recommend or suggest modifications which if made will result in
certification, the board shall refuse certification with the required
findings.
(c) The board shall approve and certify the portions of a general
plan or amended general plan applicable to the territory of Fort Ord,
or any amendments thereto, if the board finds that the portions of
the general plan or amended general plan applicable to the territory
of Fort Ord meets the requirements of this title, and is consistent
with the Fort Ord Reuse Plan.

67675.4. (a) Within 30 days after the certification of a general
plan or amended general plan, or any portion thereof, the board
shall, after consultation with the county or a city, establish a date
for that county or city to submit the zoning ordinances, zoning
district maps, and, where necessary, other implementing actions
applicable to the territory of Fort Ord.
(b) If the county or a city fails to meet the schedule established
pursuant to subdivision (a), the board may waive the deadlines for
board action on submitted zoning ordinances, zoning district maps,
and, where necessary, other implementing actions, as set forth in
Section 67675.5.

67675.5. (a) The county and cities shall submit to the board the
zoning ordinances, zoning district maps, and, where necessary, other
implementing actions applicable to the territory of Fort Ord that are
required pursuant to this title.
(b) The board may only reject zoning ordinances, zoning district
maps, or other implementing actions on the grounds that they do not
conform with, or are inadequate to carry out, the provisions of the
certified general plan applicable to the territory of Fort Ord. If
the board rejects the zoning ordinances, zoning district maps, or
other implementing actions applicable to the territory of Fort Ord,
it shall give written notice of the rejection specifying the
provisions of the general plan with which the rejected zoning
ordinances do not conform or which it finds will not be adequately
carried out, together with its reasons for the action taken.
(c) The board may suggest modifications in the rejected zoning
ordinances, zoning district maps, or other implementing actions,
which, if adopted by the county or cities and transmitted to the
board, shall be deemed approved upon confirmation by the executive
officer of the board.
(d) The county or cities may elect to meet the board's rejection
in a manner other than as suggested by the board and may then
resubmit its revised zoning ordinances, zoning district maps, and
other implementing actions to the board.

67675.6. (a) Except for appeals to the board, as provided in
Section 67675.8, after the portion of a general plan applicable to
Fort Ord has been certified and all implementing actions within the
area affected have become effective, the development review authority
shall be exercised by the respective county or city over any
development proposed within the area to which the general plan
applies.
(b) Subdivision (a) shall not apply to any development proposed or
undertaken on any tidelands, submerged lands, or on public trust
lands, whether filled or unfilled, lying within the coastal zone.

67675.7. After the board has certified a general plan or an amended
general plan, any amendments to that certified plan that are
applicable to the territory of Fort Ord shall take effect only upon
certification in the same manner as for the initially certified plan,
as provided in this title.

67675.8. (a) After the board has adopted a reuse plan pursuant to
this title, any revision or other change to that plan which only
affects territory lying within the jurisdiction of one member agency
may only be adopted by the board if one of the following conditions
is satisfied:
(1) The revision or other change was initiated by resolution
adopted by the legislative body of the affected member agency and
approved by at least a majority affirmative vote of the board.
(2) The revision or other change was initiated by the board or any
entity other than the affected member agency and approved by at
least a two-thirds affirmative vote of the board.
(b) (1) Notwithstanding any provision of law allowing any city or
county to approve development projects, no local agency shall permit,
approve, or otherwise allow any development or other change of use
within the area of the base that is not consistent with the plan as
adopted or revised pursuant to this title. Except as required by
state or federal law, other than state law authorizing cities and
counties to approve development projects, the board shall be the
final judge of this consistency with the requirements of this title.
The board may adopt regulations to ensure compliance with the
provisions of this title. No local agency shall permit, approve, or
otherwise allow any development or other change of use within the
area of the base that is outside the jurisdiction of that local
agency.
(2) Subject to the consistency determinations required pursuant to
this title, each member agency with jurisdiction lying within the
area of Fort Ord may plan for, zone, and issue or deny building
permits and other development approvals within that area. Actions of
the member agency pursuant to this paragraph may be reviewed by the
board on its own initiative, or may be appealed to the board. Under
no circumstances shall development approvals of the following
categories be held to be inconsistent with the Fort Ord Reuse Plan:
(i) The construction of one single family house or one multiple
family house not exceeding four units on a vacant lot within an area
appropriately designated in the plan.
(ii) Improvements to existing single family residences or to
existing multiple family residences not exceeding four units,
including remodels or room additions.
(iii) Remodels of the interior of any existing building or
structure.
(iv) Repair and maintenance activities that do not result in an
addition to, or enlargement or expansion of, any building or
structure.
(v) Installation, testing, and placement in service or the
replacement of any necessary utility connection between an existing
service facility and development approved pursuant to this chapter.
(vi) Replacement of any building or structure destroyed by a
natural disaster.
(c) The board may require any public or private entity seeking to
initiate a revision or other change to a plan adopted pursuant to
this section to pay a charge or charges sufficient to cover the
reasonable costs of reviewing, evaluating, preparing, adopting, and
publishing the proposed revision or change.

67675.9. If an environmental impact statement on the closure and
reuse of Fort Ord has been prepared and filed pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et
seq.), the board may proceed in the following manner:
(a) A notice of the preparation of an environmental impact report
on the Fort Ord Reuse Plan shall be prepared pursuant to either
Section 21080.4 or Section 21080.6 of the Public Resources Code, and
shall include a description of the reuse plan and a copy of the
environmental impact statement. The notice shall indicate that the
board intends to utilize the environmental impact statement as a
draft environmental impact report and requests comments on whether,
and to what extent, the environmental impact statement provides
adequate information to serve as a draft environmental impact report,
and what specific additional information, if any, is necessary to
comply with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code). The
notice shall also indicate the address to which written comments may
be sent and the deadline for submitting comments.
(b) Upon the close of the comment period on the notice of
preparation, the board may proceed with preparation of the
environmental impact report on the reuse plan. The board shall, to
the greatest extent feasible, avoid duplication and utilize
information in the environmental impact statement consistent with
this division. The draft environmental impact report shall consist of
all or part of the environmental impact statement and any additional
information that is necessary to prepare a draft environmental
impact report in compliance with the California Environmental Quality
Act.
(c) In all other respects, the environmental impact report for the
reuse plan shall be completed in compliance with the California
Environmental Quality Act.

67677. The board may negotiate and enter into appropriate
agreements with the United States or any of its agencies or
departments for the purpose of determining the disposition, reuse, or
conservation of the property or facilities within the area of Fort
Ord.

67678. (a) The board shall be the principal local public agent for
the acquisition, lease disposition, and sale of real property
transferred pursuant to the "Pryor Amendment", except as otherwise
provided in this section. The board may take title to property
transferred pursuant to the "Pryor Amendment" within the area of the
base that is either turned over to the board by the federal
government at no cost or that is purchased. The board may sell,
lease, or otherwise dispose of this property at full market value or
at less than full market value in order to facilitate the rapid and
successful transition of the base to civilian use. In any transaction
involving the transfer of federal property, the board shall fully
satisfy all conditions, requirements, and understandings with the
federal government with respect to the use and disposal of that
property. In the sale, lease, or disposition of real property, the
board shall follow the procedures and make those determinations that
are required of redevelopment agencies pursuant to Article 11
(commencing with Section 33430) of Chapter 4 of Part 1 of Division 24
of the Health and Safety Code.
(b) (1) The board shall transfer all real and personal property
received pursuant to this section and intended for municipal or
county use, except for property subject to paragraph (4), within a
reasonable period of time after receiving title to the property to
the city or county with jurisdiction over the property, and all
transfers pursuant to this paragraph shall be at no cost to the city
or county except for the reasonable costs incurred by the board as a
result of the transfer, management, servicing, maintenance, and
enhancement of the property, and except for any payments required to
be made to the federal government as a result of the transfer.
(2) The board shall transfer or lease all real and personal
property received pursuant to this section and which is intended for
private use, except for uses specified in paragraph (3), within a
reasonable period of time after receiving title to the property. Any
proceeds received by the board each year as a result of the sale or
lease of the property, net of all costs incurred by the board as a
result of the sale, management, servicing, maintenance, and
enhancement of the property, and net of all payments made to the
federal government due to the property, shall be divided as follows:
50 percent of the net proceeds received each year shall be paid to
the city or county with jurisdiction over the property, and 50
percent of the proceeds shall be retained by the board to help
finance its responsibilities for the reuse of Fort Ord, unless
otherwise agreed upon by the city or county with jurisdiction over
the property and the board.
(3) The board shall transfer or lease all real or personal
property received pursuant to this section and which is intended for
public utility use within a reasonable period of time, consistent
with the orderly and economical provision of utility services to the
area of Fort Ord, under terms and conditions the board may determine.
(4) Notwithstanding any other paragraph of this subdivision, the
board may retain real or personal property received pursuant to this
section as long as both of the following occur:
(i) The board determines that retention of the property is
necessary or convenient to carrying out the authority's
responsibilities pursuant to law.
(ii) The board determines that its retention of the property will
not cause significant financial hardship to the city or county with
jurisdiction over the property.
(c) The board may mediate and resolve conflicts between local
agencies concerning the uses of federal land to be transferred for
public benefit purposes or other uses.
(d) The provisions of this title shall not preclude negotiations
between the federal government and any local telecommunication,
water, gas, electric, or cable provider for the transfer to any
utility or provider of federally owned distribution systems and
related facilities serving Fort Ord.
(e) This title shall not be construed to limit the rights of the
California State University or the University of California to
acquire, hold, and use real property at Fort Ord, including locating
or developing educationally related or research oriented facilities
on this property.
(f) Except for property transferred to the California State
University, or to the University of California, and that is used for
educational or research purposes, and except for property transferred
to the California Department of Parks and Recreation, all property
transferred from the federal government to any user or purchaser,
whether public or private, shall be used only in a manner consistent
with the plan adopted or revised pursuant to Section 67675.

67679. (a) (1) The board shall identify those basewide public
capital facilities described in the Fort Ord Reuse Plan, including,
but not limited to, roads, freeway ramps, air transportation
facilities, and freight hauling and handling facilities; sewage and
water conveyance and treatment facilities; school, library, and other
educational facilities; and recreational facilities, that serve
residents or will serve future residents of the base territory and
could most efficiently or conveniently be planned, negotiated,
financed, constructed, or repaired, remodeled, or replaced by the
board to further the integrated future use of the base. The board
shall undertake to plan for and arrange the provision of those
facilities, including arranging for their financing and construction
or repair, remodeling, or replacement. The board may plan, design,
construct, repair, remodel, or replace and finance these public
capital facilities, or delegate any of those powers to one or more
member agencies. Notwithstanding any other provision of law, no
permit or permission of any kind from any city or county shall be
required for any project undertaken by the board pursuant to this
section.
(2) The board shall identify significant local public capital
facilities, as distinguished from the basewide public capital
facilities identified in the paragraph (1) which are described in the
Fort Ord Reuse Plan. Local public capital facilities shall be the
responsibility of the city or county with land use jurisdiction or
the redevelopment agency if the facilities are located within an
established project area and the board of the redevelopment agency
determines that it will assume responsibility.
(3) The board may construct or otherwise act to improve a local
public capital facility only with the consent of the city or county
with land use authority over the area where the facility is or will
be located. A city or county or a local redevelopment agency may
construct or otherwise act to improve a basewide public capital
facility only with the consent of the board.
(b) If all or any portion of the Fritzsche Army Air Field is
transferred to the City of Marina, the board shall not consider those
portions of the air field that continue to be used as an airport to
be basewide capital facilities, except with the consent of the
legislative body of the city. If all or any portion of the two Army
golf courses within the territory of Seaside are transferred to the
City of Seaside, the board shall not consider those portions of the
golf courses that continue in use as golf courses to be basewide
capital facilities, except with the consent of the legislative body
of the city.
(c) The board may seek state and federal grants and loans or other
assistance to help fund public facilities.
(d) The board may, in any year, levy assessments, reassessments,
or special taxes and issue bonds to finance these basewide public
facilities in accordance with, and pursuant to, any of the following:
(1) The Improvement Act of 1911 (Division 7 (commencing with
Section 5000) of the Streets and Highways Code).
(2) The Improvement Bond Act of 1915 (Division 10 (commencing with
Section 8500) of the Streets and Highways Code).
(3) The Municipal Improvement Act of 1913 (Division 12 (commencing
with Section 10000) of the Streets and Highways Code).
(4) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing
with Section 54703)).
(5) The Landscape and Lighting Act of 1972 (Part 2 (commencing
with Section 22500) of Division 15 of the Streets and Highways Code).
(6) The Integrated Financing District Act (Chapter 1.5 (commencing
with Section 53175) of Division 2 of Title 5).
(7) The Mello-Roos Community Facilities Act of 1982 (Chapter 2.5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(8) The Infrastructure Financing District Act (Chapter 2.8
(commencing with Section 53395) of Division 2 of Title 5).
(9) The Marks-Roos Local Bond Pooling Act of 1985 (Article 4
(commencing with Section 6584) of Chapter 5 of Division 7 of Title
1).
(10) The Revenue Bond Act of 1941 (Chapter 6 (commencing with
Section 54300) of Division 2 of Title 5).
(11) Fire suppression assessments levied pursuant to Article 3.6
(commencing with Section 50078) of Chapter 1 of Part 1 of Division 1
of Title 5.
(12) The Habitat Maintenance Funding Act (Chapter 11 (commencing
with Section 2900) of Division 3 of the Fish and Game Code).
Notwithstanding any other provision of law, the board may create
any of these financing districts within the area of Fort Ord to
finance basewide public facilities without the consent of any city or
county. In addition, until January 1, 2000, the board may, but is
not obligated to create, within the area of Fort Ord, any of these
financing districts which authorize financing for public services and
may levy authorized assessments or special taxes in order to pass
through funding for these services to the local agencies.
Notwithstanding any other provision of law, no city or county with
jurisdiction over any area of the base, whether now or in the future,
shall create any land-based financing district or levy any
assessment or tax secured by a lien on real property within the area
of the base without the consent of the board, except that the city or
county may create these financing districts for the purposes and
subject to any financing limitations that may be specified in the
capital improvement program prepared pursuant to Section 67675.
(e) The board may levy development fees on development projects
within the area of the base. Any development fees shall comply with
the requirements of Chapter 5 (commencing with Section 66000) of
Division 1 of Title 5. No local agency shall issue any building
permit for any development within the area of Fort Ord until the
board has certified that all development fees that it has levied with
respect to the development project have been paid or otherwise
satisfied.

67679.5. The board 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 of the
Health and Safety Code), including, but not limited to, Article 4
(commencing with Section 33492.70) thereof, shall apply to the
Redevelopment Agency of Fort Ord, and this agency shall have all
powers of a redevelopment agency as provided in that part.

67680. The board may enter into contracts and agreements as
necessary to mitigate the impacts of the reuse of Fort Ord on rare
and endangered species of flora and fauna. These contracts and
agreements may include provisions for the long-term preservation and
management of habitat areas, including acquisition or acceptance by
the board of title to real property, restriction on the development
of portions of the area of Fort Ord, and arrangements for the
long-term management and biological monitoring of the flora and fauna
of the base, including its financing.

67680.5. The board may enter into contracts and agreements as
necessary to mitigate impacts of the reuse of Fort Ord in addition to
those specified in Section 67680.

67681. The board may study, evaluate, and recommend cleanup of
toxic and explosive substances within the area of the base to the
federal government, including the Department of Defense, and the
State of California, if it determines that doing so is in the best
interests of the communities in the Monterey Bay area.

67683. The board shall aggressively pursue all possible federal
funding for the transfer, cleanup, and reuse of Fort Ord, including
funding to pay for the costs of public capital facilities and funding
to attract and encourage the development of private businesses and
public universities and other public facilities within the area of
the base. The board may also pursue and accept federal and state
funding to pay part of the expenses of operating the Fort Ord Reuse
Authority.

67684. The board may take other action that is necessary or
convenient to ensure the rapid and successful conversion of the area
of Fort Ord to civilian use in a way that provides maximum benefits
to the communities of the Monterey Bay area and the State of
California.

67685. The applicability of any capital facilities fees imposed
under this title to public educational agencies shall be subject to
the provisions of Chapter 13.7 (commencing with Section 54999) of
Part 1 of Division 2 of Title 5.

67686. A city or county receiving subventions from the state based
on the military population residing at Fort Ord, shall continue to
receive those subventions based on the 1990 Census of the Population
until the earlier of:
(a) The release of the new population figures for the city or
county based on the decennial United States Census for the year 2000.
(b) Certification by the Department of Finance that the population
of Fort Ord is greater than the population calculated based on the
decennial United States Census for the year 1990.