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HEALTH AND SAFETY CODE
SECTION 33492-33492.29

33492. With enactment of this chapter, it is the intent of the
Legislature to do both of the following:
(a) Provide a means of mitigating the economic and social
degradation that is faced by communities the jurisdictions of which
include military bases that have been ordered to be closed or
realigned by the federal Base Closure Commission.
(b) Enable redevelopment agencies to place in a project area
portions of a military base that were previously developed, but that
cannot be utilized in their present condition because of, in whole or
in part, substandard infrastructure and buildings that do not meet
state building standards. It is not the intent of the Legislature to
encourage redevelopment agencies to include large areas of
undeveloped land within project areas.

33492.1. The Legislature finds and declares that extraordinary
measures must be taken to mitigate the effects of the federal
government's efforts to reduce the number of military bases
throughout the country.

33492.3. For any project area formed pursuant to this chapter, the
project area may include all, or any portion of, property within a
military base that the federal Base Closure Commission has voted to
close or realign when that action has been sustained by the President
and Congress of the United States, regardless of the percentage of
urbanized land, as defined in Section 33320.1, within the military
base. The project area may include territory outside the military
base; however, all territory outside the military base included
therein shall be characterized as predominantly urbanized, as that
term is defined in subdivision (b) of Section 33320.1. The
procedures authorized by this chapter may be used for the
redevelopment of any closed or realigned military base, but shall not
constitute the exclusive method by which redevelopment may occur on
these bases.


33492.4. Chapter 4 (commencing with Section 33300) shall be
applicable to any project area formed pursuant to this chapter,
except to the extent that Chapter 4 is inconsistent with this
chapter.

33492.5. (a) In any community in which a military base is located,
the Base Closure Commission has voted to close that military base,
and the action of the Base Closure Commission has been sustained by
the President and Congress of the United States, a project area may
be adopted pursuant to the following requirements:
(1) If the project area is located entirely within the boundaries
of a city, or city and county, then the redevelopment agency of the
city, or city and county, may adopt the redevelopment project area
pursuant to this part as modified by this chapter.
(2) If the project area is located entirely within the
unincorporated area of a single county, then the county redevelopment
agency may adopt the redevelopment project area pursuant to this
part as modified by this chapter.
(3) If the project area includes property within the jurisdictions
of two or more cities, or two or more counties, or a city and a
county, or any combination of the foregoing, then all of the cities
and counties the jurisdictions of which include property within the
boundaries of the military base and any other territory to be
included within the redevelopment project area may enter into a joint
powers agreement, an agreement entered into pursuant to Section
33210, or other appropriate agreement for the purpose of creating a
redevelopment agency and adopting a project area pursuant to this
part as modified by this chapter.
(b) A redevelopment agency to which this chapter is applicable may
adopt a project area either pursuant to this chapter or pursuant to
other relevant provisions of this part.

33492.7. (a) Paragraph (11) of subdivision (d) of Section 33367
shall not apply to the territory within the military base for any
redevelopment project area adopted pursuant to this chapter.
(b) For any project area adopted pursuant to this chapter, Section
33492.11 may be used in lieu of Section 33031.

33492.9. Notwithstanding any other provision of law, in each county
in which a redevelopment agency is formed, or a redevelopment plan
is adopted, pursuant to this chapter, the county auditor shall
certify to the Director of Finance the date of the final day of the
first fiscal year in which one hundred thousand dollars ($100,000) or
more of tax increment funds from the redevelopment project area
adopted pursuant to this chapter are paid to the redevelopment agency
pursuant to subdivision (d) of Section 33675.

33492.10. (a) For purposes of this chapter, a blighted area within
the boundaries of a military base is an area in which the combination
of two or more conditions set forth in Section 33492.11 is so
prevalent and so substantial that it causes a reduction of, or lack
of, proper utilization of the area to an extent that constitutes a
serious physical and economic burden on the community which cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
(b) A project area adopted pursuant to this chapter may include
territory outside the boundaries of the military base, as those
boundaries exist on January 1, 1996; however, all territory outside
the boundaries of the military base included in the project area
shall be characterized by blight, as that term is defined in Sections
33030 and 33031. An area outside the boundaries of a military base
may be included in the project area only upon a finding by the agency
that the area is blighted and that its inclusion in the project area
is necessary for effective redevelopment of the base property. The
agency shall include evidence supporting this finding in the report
submitted to the legislative body pursuant to Section 33352. An area
outside the boundaries of a military base shall be deemed not
necessary for effective redevelopment if the area is included only
for the purpose of obtaining the allocation of taxes from the area
pursuant to Section 33670 without other substantial justification for
its inclusion.
(c) This section, as amended by the act that adds this
subdivision, shall only be applicable to a redevelopment plan adopted
or amended on or after the effective date of the act that adds this
subdivision. A redevelopment plan adopted pursuant to this chapter
prior to the effective date of the act that adds this subdivision
shall be subject to this section as it was added by Chapter 944 of
the Statutes of 1993.


33492.11. (a) For purposes of this chapter, this section describes
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 conditions including, but not limited to, all of the
following: a substandard design; buildings that are too large or too
small, given present standards and market conditions; 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
adequate 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 community
subdivision, zoning, or planning regulations.
(5) Properties currently served by infrastructure that does not
meet existing adopted utility or community infrastructure standards.

(6) Buildings that, when built, did not conform to the then
effective building, plumbing, mechanical, or electrical codes adopted
by the community where the project area is located.
(7) Land that contains materials or facilities, including, but not
limited to, materials for aircraft landing pads and runways, that
will have to be removed to allow development.
(b) Pursuant to Section 33321, a project area need not be
restricted to buildings, improvements, or lands which are detrimental
or inimical to the public health, safety, or welfare, but may
consist of an area where 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 the inclusion of which 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.
(c) This section, as amended by the act that adds this
subdivision, shall only be applicable to a redevelopment plan adopted
or amended on or after the effective date of the act that adds this
subdivision. A redevelopment plan adopted pursuant to this chapter
prior to the effective date of the act that adds this subdivision
shall be subject to this section as it was added by Chapter 944 of
the Statutes of 1993.

33492.13. (a) A redevelopment plan, adopted pursuant to this
chapter and containing the provisions set forth in Section 33670,
shall contain all of the following limitations:
(1) A limitation on the number of dollars of taxes which may be
divided and allocated to the redevelopment agency pursuant thereto.
Taxes shall not be divided and shall not be allocated to the
redevelopment agency beyond this limitation, except by amendment of
the redevelopment plan pursuant to Section 33354.6, or as necessary
to comply with subdivision (a) of Section 33333.8.
(2) (A) The 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, except as necessary to comply with
subdivision (a) of Section 33333.8.
(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, except as
necessary to comply with subdivision (a) of Section 33333.8.
(3) 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, comply with subdivision (a) of Section 33333.8, and
enforce existing covenants or contracts.
(4) 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,
except as necessary to comply with subdivision (a) of Section
33333.8.
(5) The limitations contained in a redevelopment plan adopted
pursuant to this section shall not be applied to limit allocation of
taxes to an agency to the extent required to comply with Section
33333.8. In the event of a conflict between these limitations and
the obligations under Section 33333.8 the limitation established in
the ordinance shall be suspended pursuant to Section 33333.8.
(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.

33492.15. Notwithstanding any other provision of law, all of the
following shall occur:
(a) The agency shall make the payments required by 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 year that the agency receives
tax-increment revenue.
(b) Prior to incurring any bonded indebtedness, any agency
administering a project area pursuant to this chapter may subordinate
to the bonded debt the amount required to be paid to an affected
school district or community college district pursuant to this
section upon a finding, based upon substantial evidence, that the
agency will have sufficient funds available to pay both the bonded
debt payments and the payments required by this section.


33492.16. (a) Notwithstanding Section 33334.2 or any other
provision of law, an agency established or governed pursuant to this
chapter 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 five years after the date of adoption of the
redevelopment plan, based upon an annual finding of the legislative
body that the funds are necessary for the effective redevelopment of
base property and long-term tax generation, and that the vacancy rate
for housing affordable to lower income households within the
jurisdiction of the members of the agency is greater than 4 percent.
The vacancy rate for housing affordable to lower income households
shall be established by using the vacancy rates most recently
published in the annual California Department of Finance Population
and Housing Estimates (Report E-5, or a successor report).
The authority and procedures for deferral of allocation of tax
increment revenue which is governed by this section shall not apply
to the tax increment revenues attributable to the property that is
located outside the military base which is allocated to the Low- and
Moderate-Income Housing Fund.
(b) 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 20th fiscal
year after the date on which the agency adopts its project. If the
indebtedness is not eliminated by the end of the 20th fiscal year,
the county auditor or controller, no later than March 15 of the 21st
year, shall withhold from the portion of tax increment to which the
redevelopment agency is otherwise entitled an amount equal to the
indebtedness and deposit those funds into a separate Low and Moderate
Income Housing Fund for use by the agency to meet its affordable
housing requirements pursuant to this part. Under no circumstances
shall this section be interpreted or applied in a manner that has the
effect of reducing the tax increment payable or received by affected
taxing entities pursuant to Section 33492.15.

33492.18. (a) Notwithstanding subdivision (k) of Section 33352, the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) shall not apply to the
adoption of a redevelopment plan prepared pursuant to this article if
the redevelopment agency determines at a public hearing, noticed in
accordance with this section, that the need to adopt a redevelopment
plan at the soonest possible time in order to use the authority in
this article requires the redevelopment agency to delay application
of the provisions of the California Environmental Quality Act to the
redevelopment plan in accordance with this section.
(b) If the redevelopment agency finds, pursuant to subdivision
(a), that the application of the California Environmental Quality Act
to the redevelopment plan is required to be delayed, the
redevelopment agency or the community shall certify an environmental
impact report for the redevelopment plan within 18 months after the
effective date of the ordinance adopting the redevelopment plan. If,
as a result of the preparation of the environmental document
prepared pursuant to this subdivision, it is necessary to amend the
redevelopment plan to mitigate any impacts, the agency shall amend
the redevelopment plan according to the procedures of this part. If
the environmental document is determined to be inadequate by a court
of competent jurisdiction, the redevelopment agency shall not
undertake additional projects that implement the redevelopment plan
until an adequate environmental document has been certified.
However, this determination shall not affect the validity of the
redevelopment plan.
(c) Until the redevelopment agency or the community certifies an
environmental impact report for the redevelopment plan, all projects,
as defined in the California Environmental Quality Act, that
implement the redevelopment plan shall be subject to the California
Environmental Quality Act, including, but not limited to, specific
plans and rezonings. The environmental document for any implementing
project shall include an analysis and mitigation of potential
cumulative impacts, if any, that otherwise would not be known until
an environmental document for the redevelopment plan is certified or
approved and shall also include a reporting or monitoring program
required pursuant to Section 21081 of the Public Resources Code.
(d) The notice for the public hearing required by subdivision (a)
shall comply with, and may be combined with, the notices in Section
33349 or 33361. The notice shall state that the agency intends to
consider and act upon a determination that the need to adopt a
redevelopment plan at the soonest possible time in order to use the
authority in this article requires the redevelopment agency to delay
application of the provisions of the California Environmental Quality
Act to the redevelopment plan in accordance with this section.

33492.20. (a) (1) The redevelopment plan for the base need not
include either of the following:
(A) The information required pursuant to subdivision (d) of
Section 33324, relative to the contents of the preliminary plan.
(B) The finding required pursuant to paragraph (4) of subdivision
(d) of Section 33367, relative to the consistency of the
redevelopment plan to the community's general plan.
(2) The agency shall not expend any tax increment funds allocated
to it from the project area for expenses related to carrying out the
project, unless and until the legislative bodies of all the
communities included in the project area have adopted findings that
the redevelopment plan is consistent with the general plan of the
community, including the housing element, which 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.
(b) Notwithstanding Section 33328, the report required by that
section need only be as complete as the information then available
permits.
(c) Notwithstanding Section 33344.5, the preliminary report
required by that section need only be as complete as the information
then available permits, and need not contain the information required
by subdivision (c) of Section 33344.5.
(d) The report submitted by the agency to the legislative body
pursuant to Section 33352, need not contain the items listed in
subdivisions (h), (j), and (k) of Section 33352, as modified by
subdivision (b) of this section.
(e) The ordinance adopted by the legislative body pursuant to
Section 33367 need not contain the items listed in paragraphs (4) and
(12) of subdivision (d) of Section 33367.

33492.21. (a) Notwithstanding the time limit in subdivision (b) of
Section 33492.18, the City Council of the City of San Diego shall
certify an environmental impact report for the Naval Training Center
Redevelopment Plan within 30 months after the effective date of the
ordinance adopting that redevelopment plan.
(b) The following provisions shall apply to the approval of
projects that implement a redevelopment plan authorized by this
article:
(1) For 18 months after the effective date of the ordinance
adopting the redevelopment plan, or until the certification of an
environmental impact report for the redevelopment plan if the report
is certified during that 18-month period, subdivision (c) of Section
33492.18 shall apply.
(2) If an environmental impact report for the redevelopment plan
is not certified within 18 months after the effective date of the
ordinance adopting the plan, then during the succeeding 12 months or
until the certification of an environmental impact report if the
report is certified during that 12-month period, no project, as
defined in Section 21065 of the Public Resources Code, that
implements the redevelopment plan shall be approved by the agency or
the community unless any of the following occurs:
(A) The agency or the community has approved a negative
declaration or certified an environmental impact report, or has
certified a subsequent or supplemental environmental impact report,
for the project before the expiration of the 18-month period provided
in Section 33492.18.
(B) The agency or the community has certified a subsequent or
supplemental environmental impact report for the project where the
environmental impact report for the project was certified before the
expiration of the 18-month period provided in Section 33492.18.
(C) The agency or the community complies with Chapter 4.5
(commencing with Section 21156) of Division 13 of the Public
Resources Code for the subsequent projects described in a master
environmental impact report as being within the scope of the report,
and that master environmental impact report was certified before the
expiration of the 18-month period provided in Section 33492.18.
(D) The project is categorically exempt pursuant to Article 19
(commencing with Section 15300) of Chapter 3 of Division 6 of Title
14 of the California Code of Regulations.

33492.22. (a) Notwithstanding the time limit in subdivision (b) of
Section 33492.18, the Planning Commission and the Redevelopment
Commission of the City and County of San Francisco shall certify an
environmental impact report for the Hunter's Point Shipyard
Redevelopment Plan within 30 months after the effective date of the
ordinance adopting the redevelopment plan.
(b) The following provisions shall apply to the approval of
projects that implement a redevelopment plan authorized by this
article:
(1) For 18 months after the effective date of the ordinance
adopting the redevelopment plan, or until the certification of an
environmental impact report for the redevelopment plan if the report
is certified during that 18-month period, subdivision (c) of Section
33492.18 shall apply.
(2) If an environmental impact report for the redevelopment plan
is not certified within 18 months after the effective date of the
ordinance adopting the plan, then during the succeeding 12 months or
until the certification of an environmental impact report if the
report is certified during that 12-month period, no project, as
defined in Section 21065 of the Public Resources Code, that
implements the redevelopment plan shall be approved by the agency or
the community unless any of the following occurs:
(A) The agency or the community has approved a negative
declaration or certified an environmental impact report, or has
certified a subsequent or supplemental environmental impact report,
for the project before the expiration of the 18-month period provided
in Section 33492.18.
(B) The agency or the community has certified a subsequent or
supplemental environmental impact report for the project where the
environmental impact report for the project was certified before the
expiration of the 18-month period provided in Section 33492.18.
(C) The agency or the community complies with Chapter 4.5
(commencing with Section 21156) of Division 13 of the Public
Resources Code for subsequent projects described in a master
environmental impact report as being within the scope of the report,
and that master environmental impact report was certified before the
expiration of the 18-month period provided in Section 33492.18.
(D) The project is categorically exempt pursuant to Article 19
(commencing with Section 15300) of Chapter 3 of Division 6 of Title
14 of the California Code of Regulations.

33492.28. As used in this chapter, "fiscal year" means a year
commencing on July 1 and ending on the next June 30.

33492.29. An ordinance adopting a redevelopment plan under this
chapter shall include a finding that the effect of tax increment
financing will not cause a significant financial burden or detriment
on any taxing agency deriving revenues from a project area. This
finding shall only be required when the project is financed in part
or in whole from revenues derived from the allocation of taxes
pursuant to Section 33670.


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