SECTIONS 67840-67848 - California Statutes

GOVERNMENT CODE

SECTION 67840-67848

67840. (a) The board shall prepare, adopt, review, revise from time
to time, and maintain a plan, that complies with Section 65302 and
federal requirements, for the future use and development of the
territory occupied by the military base, and a five-year capital
improvement program prepared and adopted pursuant to Section 65403
that indicates basewide facilities and local facilities. The adopted
plan shall be the official local plan for the reuse of the base for
all public purposes, including all discussions with federal agencies,
and for purposes of planning, design, and funding by all state
agencies.
(b) The authority 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.
(c) 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
countywide 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 related local general
plans.

67840.1. After the board has adopted a reuse plan, each county or
city with territory occupied by the base shall submit to the board
its general plan or amended general plan, which shall be required to
satisfy 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 the base is intended to be carried out in a manner
fully in conformity with this title.
(b) The plan contains, in accordance with guidelines established
by the board, materials sufficient for a thorough and complete
review.

67840.2. (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 the base.
(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, that, 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 by 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 that, 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 the base,
or any amendments thereto, if the board finds that the portions of
the general plan or amended general plan applicable to the territory
of the base meet the requirements of this title, and are consistent
with the reuse plan.

67840.3. (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 the base.
(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 67840.4.

67840.4. (a) A county and cities to which subdivision (a) of
Section 67840.1 applies shall submit to the board the zoning
ordinances, zoning district maps, and, where necessary, other
implementing actions applicable to the territory of the base 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 certified general
plan applicable to the territory of the base. If the board rejects
the zoning ordinances, zoning district maps, or other implementing
actions applicable to the territory of the base, 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 that 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,
that, 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.

67840.5. (a) Except for appeals to the board, as provided in
Section 67840.7, after the portion of a general plan applicable to
the base 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.

67840.6. 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 the base shall take effect only upon
certification in the same manner as for the initially certified plan,
as provided in this title.

67840.7. (a) After the board has adopted a reuse plan pursuant to
this title, any revision or other change to that plan that 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 simple 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) 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. 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 the military base 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 subdivision may be
reviewed by the board at its own initiative, or may be appealed to
the board.

67841. 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 the
military base.

67842. (a) The board shall be the principal local public agent for
the acquisition, lease disposition, and sale of real property and
facilities within the territory of the military base, and is the
state-designated agency for receipt of title to federal property,
including property transferred pursuant to the "Pryor Amendment,"
except as otherwise provided in this section. The board has the
authority to acquire, lease, sell, or otherwise dispose of real
property and facilities within the territory of the military base.
(b) The board may mediate and resolve conflicts between local
agencies concerning the uses of federal land to be transferred for
public benefit purposes, or for other uses. The board shall have
primary local responsibility for complying with the provisions of the
federal Stewart B. McKinney Homeless Assistance Act (Public Law
100-77) related to low-income housing in the area of the base.
(c) The board may take title to property 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 by the board. 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 honor 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 those 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.
(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 such
utility or provider of federally-owned distribution systems and
related facilities serving the military base.

67843. (a) The board shall identify those public capital facilities
described in the authority reuse plan, that could most efficiently
or conveniently be planned, negotiated, financed, or constructed 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.
The board shall have authority to plan, design, construct, and
finance these public capital facilities, or to delegate any of those
powers to one or more member agencies.
(b) The board may seek state and federal grants and loans or other
assistance to help fund these public facilities.
(c) The board may, in any year, levy assessments, reassessments,
or special taxes and issue bonds to finance basewide 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) Habitat maintenance assessments levied pursuant to Article
3.1 (commencing with Section 50060) of Chapter 1 of Part 1 of
Division 1 of Title 5.
(d) 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 the military base 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.
(e) The board may receive funds from the California Infrastructure
and Economic Development Bank pursuant to Division 1 (commencing
with Section 63000) of Title 6.7.

67844. The board may enter into contracts and agreements as
necessary to mitigate any impacts of the reuse of the military base.

67845. 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 surrounding the military base area.

67846. The board shall aggressively pursue all possible federal
funding for the transfer, cleanup, and reuse of the local military
base, 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 authority.

67847. The board may take other action that is necessary or
convenient to ensure the rapid and successful conversion of the area
of the military base to civilian use in a way that provides maximum
benefits to the communities of the area and the State of California.

67848. (a) The board is encouraged to look first to contracting
with, and providing funding to, the California Conservation Corps for
the purpose of carrying out conservation and environmental projects,
including, but not limited to, the cleanup of low hazardous toxic
materials.
(b) It is the intent of the Legislature that the California
Conservation Corps be considered a resource for the board for
carrying out conservation and environmental projects, including, but
not limited to, the cleanup of low hazardous toxic materials, because
of the training and safety requirements associated with those
activities and the established, cost-effective program and
infrastructure that the corps can provide through its own resources,
or in partnership with local corps or public or private entities, for
the hiring, training, and personal development of those young adults
in local communities that carry out meaningful conservation and
environmental projects.
(c) Nothing in this section shall be construed to preclude the
board from utilizing the resources of local residents to the greatest
extent possible in carrying out conservation and environmental
projects.