Section § 67840

Explanation

This law section mandates that a board is responsible for creating and maintaining a plan for the future use and development of a military base. This plan must meet both state and federal requirements and should include a five-year program for capital improvements related to basewide and local facilities.

The plan acts as the official local blueprint for the reuse of the base for all public purposes and is crucial for discussions and planning with federal and state agencies. The plan can include phased development, with specific criteria for public facilities and other necessary considerations for each phase.

When working on the plan, the board must align with various regional and federal plans, like those for coastal, air, and water quality, as well as consider local general plans, ensuring compliance with broader governmental objectives.

(a)CA Government Code § 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)CA Government Code § 67840(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)CA Government Code § 67840(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.

Section § 67840.1

Explanation

Once a reuse plan for a military base is adopted, any county or city where the base is located must submit their general or updated plans to the board. These plans need to meet two main requirements. First, the plan must be submitted following a public hearing and a resolution from the county or city, certifying that it aligns with this law's requirements. Second, the plan must include enough detailed materials for the board to conduct a thorough review based on its guidelines.

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)CA Government Code § 67840.1(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)CA Government Code § 67840.1(b) The plan contains, in accordance with guidelines established by the board, materials sufficient for a thorough and complete review.

Section § 67840.2

Explanation

This law requires the board to review and decide whether to approve or deny certification of a general plan or its amendments within 90 days after submission. This decision is made after a public hearing. If the plan is denied, the board must explain why and can suggest changes for resubmission. The county or city can choose to make these changes or propose their own revisions. If the board gives no suggestions and the plan is still not certified, they must provide reasons for refusal. Ultimately, the board will certify the plan if it aligns with the title's requirements and the reuse plan.

(a)CA Government Code § 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)CA Government Code § 67840.2(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)CA Government Code § 67840.2(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.

Section § 67840.3

Explanation

When a county or city has a general plan, and it gets certified or updated, they need to work with a board to set a date to submit their zoning rules and maps for a particular area. This needs to happen within 30 days of certification. If the county or city doesn't stick to the schedule, the board can choose to delay its deadlines for responding to these submissions.

(a)CA Government Code § 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)CA Government Code § 67840.3(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.

Section § 67840.4

Explanation

This law outlines the process for counties and cities to submit zoning plans for areas that were once military bases to a governing board for approval. The board can reject these zoning plans if they don't align with the established general plan for the area. If rejected, the board must explain why and point out how the zoning plans fall short. The board can suggest changes to fix the issues, and if these changes are made and submitted again, they can be approved. However, counties and cities can choose to make other changes and resubmit for approval.

(a)CA Government Code § 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)CA Government Code § 67840.4(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)CA Government Code § 67840.4(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)CA Government Code § 67840.4(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.

Section § 67840.5

Explanation

Once a general plan for a certain area is approved and all related actions have taken effect, any new development in that area needs to be reviewed and approved by the local city or county involved. However, if the development is proposed on coastal tidelands, submerged lands, or public trust lands, these rules don't apply.

(a)CA Government Code § 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)CA Government Code § 67840.5(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.

Section § 67840.6

Explanation

Once a general plan or an amended general plan is approved by the board, any new amendments to that plan concerning the area of the base must also be approved in the same way as the original plan for them to be enforced.

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.

Section § 67840.7

Explanation

This law outlines how changes to a military base reuse plan can be made. If a change only affects one member agency, it can be adopted by the board through a simple majority vote if the member agency initiates it, or a two-thirds majority if someone else initiates it. No local agencies can approve developments that don't align with the current plan. The board can set rules to ensure agencies follow the plan. Member agencies can manage zoning and building permits within the military base area, but their actions can be reviewed or appealed by the board.

(a)CA Government Code § 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)CA Government Code § 67840.7(a)(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)CA Government Code § 67840.7(a)(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)Copy CA Government Code § 67840.7(b)
(1)Copy CA Government Code § 67840.7(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)CA Government Code § 67840.7(b)(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.

Section § 67841

Explanation

This law allows a board to work out agreements with the U.S. government, or its agencies, about what to do with land or buildings at a military base. They can decide whether to repurpose them, conserve them, or use them differently.

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.

Section § 67842

Explanation

This law section outlines the responsibilities and powers of a board concerning the handling of property on a military base. The board is the main local authority in acquiring, leasing, and selling real estate and facilities within the base. It acts as the state's agent for receiving federal properties.

The board can resolve disputes between local agencies about land use and must comply with federal laws on low-income housing. It can take ownership of property given or sold to it by the federal government and can sell or lease this property to help transition the base for civilian use, honoring federal conditions.

Additionally, the law does not stop the federal government from negotiating with utility providers to transfer control of federally-owned systems on the base, such as telecommunication or water.

(a)CA Government Code § 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)CA Government Code § 67842(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)CA Government Code § 67842(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)CA Government Code § 67842(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.

Section § 67843

Explanation

This law section outlines the responsibilities and powers of a board associated with a military base's redevelopment. It includes identifying necessary public facilities from an authority reuse plan, handling their planning, financing, and construction, and potentially delegating these tasks to member agencies. The board can also seek state or federal funding.

They may impose taxes or levies and issue bonds to fund basewide facilities using various acts related to public improvements. Development fees can be charged for projects on the base, and permits can't be issued until fees are settled. Additionally, the board can receive funds from the California Infrastructure and Economic Development Bank.

(a)CA Government Code § 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)CA Government Code § 67843(b) The board may seek state and federal grants and loans or other assistance to help fund these public facilities.
(c)CA Government Code § 67843(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)CA Government Code § 67843(c)(1) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code).
(2)CA Government Code § 67843(c)(2) The Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(3)CA Government Code § 67843(c)(3) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code).
(4)CA Government Code § 67843(c)(4) The Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)).
(5)CA Government Code § 67843(c)(5) The Landscape and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code).
(6)CA Government Code § 67843(c)(6) The Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5).
(7)CA Government Code § 67843(c)(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)CA Government Code § 67843(c)(8) The Infrastructure Financing District Act (Chapter 2.8 (commencing with Section 53395) of Division 2 of Title 5).
(9)CA Government Code § 67843(c)(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)CA Government Code § 67843(c)(10) The Revenue Bond Act of 1941 (Chapter 6 (commencing with Section 54300) of Division 2 of Title 5).
(11)CA Government Code § 67843(c)(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)CA Government Code § 67843(c)(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)CA Government Code § 67843(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)CA Government Code § 67843(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.

Section § 67844

Explanation

This section allows the board to make contracts and agreements to address any issues that arise from reusing a military base.

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

Section § 67845

Explanation

This law section allows a board to assess and suggest how to clean up dangerous toxic and explosive materials on a military base. They can recommend these actions to both federal and state governments if it's beneficial for the surrounding communities.

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.

Section § 67846

Explanation

This law requires the board to actively seek out federal funding to help with transferring, cleaning up, and repurposing a local military base. The funding should cover costs for public facilities and encourage private business and public university development on the base. The board can also seek federal and state funds to help with its operating expenses.

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.

Section § 67847

Explanation

This section allows the board to take any actions that help quickly and effectively convert a military base into civilian use. The goal is to maximize benefits for local communities and the entire state.

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.

Section § 67848

Explanation

This section suggests that the board should prioritize working with and funding the California Conservation Corps for environmental projects. These projects can include activities like cleaning up low hazardous toxic materials.

The law emphasizes the value of involving the California Conservation Corps due to its training and cost-effectiveness, which can benefit local communities by offering employment and development opportunities for young adults. However, the board is also free to utilize local community residents for these projects whenever possible.

(a)CA Government Code § 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)CA Government Code § 67848(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)CA Government Code § 67848(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.