HEALTH AND SAFETY CODE
SECTION 33492.100-33492.116
33492.100. With the enactment of this article, it is the intent of
the Legislature to provide for precise and specific means to mitigate
the very serious economic effects of the closure of the Tustin
Marine Corps Air Station on the City of Tustin, surrounding cities
and the County of Orange by facilitating the planning and
implementation of the reuse and redevelopment of the lands comprising
Tustin Marine Corps Air Station and surrounding areas in accordance
with land use plans and a redevelopment plan that is in effect prior
to the disposition of lands by the federal government.
33492.102. Notwithstanding the requirements of Section 33320.1, a
redevelopment plan for the Tustin Marine Corps Air Station
Redevelopment Project may be adopted pursuant to the provisions of
this article for a redevelopment project area which may include the
following areas:
(a) An area comprising the Tustin Marine Corps Air Station that is
generally bounded by Edinger Avenue, Redhill Avenue, Barranca Road,
and Harvard Road.
(b) An area that includes land contiguous with the Tustin Marine
Corps Air Station, if necessary for the effective redevelopment of
the project area, provided that this area does not exceed 52 acres
and meets the requirements of Section 33320.1 without taking into
account any of the lands described in subdivision (a).
Notwithstanding any other provision of this part, a redevelopment
plan adopted pursuant to this part shall not authorize the
redevelopment agency to acquire by condemnation any lands authorized
to be included in a project area pursuant to this subdivision.
33492.104. For the purposes of this article, a blighted area within
the boundaries of the Tustin Marine Corps Air Station Redevelopment
Project is an area described in subdivision (a) of Section 33492.102
in which the combination of two or more of the following conditions
are so prevalent and so substantial that it causes a reduction of, or
a lack of, proper utilization of the area to an extent that
constitutes a serious physical and economic burden on the community
that cannot reasonably be expected to be reversed or alleviated by
private enterprise or governmental action, or both, without
redevelopment:
(a) 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.
(b) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas. This condition may be
caused by conditions including, but not necessarily limited to, all
of the following: a substandard design; buildings that are too large
or too small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property. This condition also may be caused by buildings that must be
demolished or buildings or areas that have a lack of parking.
(c) 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.
(d) Buildings on land that, when subdivided or when infrastructure
is installed, would not comply with community subdivision, zoning,
or planning regulations.
(e) Properties currently served by infrastructure that does not
meet existing adopted utility or community infrastructure standards
or the existence of inadequate public improvements, public
facilities, and utilities that cannot be remedied by private or
governmental action, without redevelopment.
(f) Buildings that, when built, did not conform to the
then-effective building, plumbing, mechanical, or electrical codes
adopted by the jurisdiction in which the project area is located.
(g) Land that contains materials or facilities, including, but not
necessarily limited to, materials for aircraft landing pads and
runways that would have to be removed to allow development.
(h) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards.
33492.106. (a) Notwithstanding Section 33334.2, or any other
provision of law, the redevelopment agency for the Tustin Marine
Corps Air Station Redevelopment Project, may, for up to 10 years,
defer depositing into the Low- and Moderate-Income Housing Fund up to
50 percent of the amount required by Section 33334.2. The amount of
the deferral shall be considered an indebtedness and shall be repaid
to the Low- and Moderate-Income Housing Fund during the period from
the beginning of the 11th year to the end of the 20th year after the
establishment of the Tustin Marine Corps Air Station Redevelopment
Project area. If the indebtedness is not eliminated by the end of the
20th year, the county auditor or controller shall withhold an amount
equal to the indebtedness and deposit those funds into a separate
Low- and Moderate-Income Housing Fund for use by the redevelopment
agency.
(b) This section shall not apply to the requirement that tax
increment revenues attributable to the property that is located
outside the military base be allocated to the Low- and
Moderate-Income Housing Fund.
33492.108. Notwithstanding any other provision of law, the
redevelopment agency shall make payments to affected taxing entities
required by subdivision (a) of 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 fiscal
year in which the agency receives tax increment revenue.
33492.110. (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 accord 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, the
redevelopment agency shall not continue with 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.
33492.112. The ordinance adopting the redevelopment plan for the
Tustin Marine Corps Air Station Project Area shall not be required to
include the finding required pursuant to paragraph (4) of
subdivision (d) of Section 33367. However, the redevelopment 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 City of Tustin finds that the redevelopment plan
conforms to the general plan of the city, including the housing
element.
33492.114. If the City of Tustin, the Tustin Community
Redevelopment Agency, or any agency or political subdivision of
either, intends to or does acquire title to any real property that
lies within the boundaries of the former Marine Corps Air
Station-Tustin, then notwithstanding any other provision of law,
including Section 33607.5, neither the City of Tustin, nor the Tustin
Community Redevelopment Agency, and none of their respective
agencies and political subdivisions may grant or issue any land use
or other approvals, in the form of any general plan amendments,
specific plans, zoning ordinances, redevelopment plans, development
agreements, subdivision maps, or other development permits or
entitlements, to allow any persons or entities to develop any
commercial, residential, or other land uses on all or any portion of
any real property at the Marine Corps Air Station-Tustin that the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, intends to or does acquire
from any source, unless those approvals require, as conditions of
approval and mitigation measures for allowing the development of
those land uses, the conveyance, or the irrevocable offer to
dedicate, without charge, to the Santa Ana Unified School District
and the Rancho Santiago Community College District, for purposes of
constructing and operating a K-14 facility, (a) fee title to a
100-acre parcel of contiguous land situated within that portion of
the Marine Corps Air Station-Tustin that falls within the existing
boundaries of the Santa Ana Unified School District and the Rancho
Santiago Community College District and includes all or some of the
real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as shown
on Figure 2-3 of the approved Reuse Plan for the Marine Corps Air
Station-Tustin, or (b) fee title to a portion of the Marine Corps Air
Station-Tustin that consists of a portion of land that is approved
in writing by the Santa Ana Unified School District and the Rancho
Santiago Community College District and that does not include any
property designated in the Marine Corps Air Station-Tustin Base Reuse
Plan for any other public entity or nonprofit organization,
including, without limitation, the County of Orange, the Orange
County Sheriff-Coroner, and the Orange County Rescue Mission, but
excluding the South Orange County Community College District. Those
conditions of approval and mitigation measures shall require that the
conveyance or offer to dedicate that 100-acre parcel to those
districts shall be made within 12 months of the date on which the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, first acquires that
property from any source. The requirements of this section shall be
deemed satisfied upon the conveyance of the property, described in
(a) or (b), to the Santa Ana Unified School District and the Rancho
Santiago Community College District. Prior to conveyance of this
property, the Santa Ana Unified School District and the Rancho
Santiago Community College District shall agree upon a legal
description of the property. Notwithstanding any other provision of
law, for purposes of Article 7 (commencing with Section 1240.610) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of
land for classroom facilities, including, but not limited to,
educational and training programs, by the Santa Ana Unified School
District or the Rancho Santiago Community College District shall be
irrebuttably presumed to be a more necessary public use than any
other use at the Marine Corps Air Station-Tustin. This section shall
apply retroactively to all land use or other approvals relating to
the Marine Corps Air Station-Tustin that are granted or issued by the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, on or after January 1,
2001. Any such land use or other approvals granted or issued by any
of these entities that do not comply with this section shall be
invalid and of no force or effect.
33492.116. (a) For purposes of the application of Section 106 of
the National Historic Preservation Act (16 U.S.C. Sec. 470 et seq.)
as it applies only to an area comprising the survey area created for
redevelopment of the Tustin Marine Corps Air Station pursuant to
Section 33310, if the City of Tustin's historic preservation program
is certified pursuant to Section 101(c)(1) of that act (16 U.S.C.
Sec. 470a(c)(1)), the City of Tustin may elect to assume any of the
duties that are given to the state historic preservation officer by
Part 800 of Title 36 of the Code of Federal Regulations or that
originate from agreements concluded under those regulations. The
state historic preservation officer shall agree to this assumption of
duties by the City of Tustin.
(b) In assuming the duties of the state historic preservation
officer pursuant to this section, the city shall ensure that a
marketing and solicitation process is conducted to determine the
feasibility of permanent reuse of Buildings 29 and 29A. The city
shall be responsible for determining in good faith if there are
qualified respondents to the marketing and solicitation process and
determining if the permanent use of these properties in their
historic condition is feasible. If it is determined that permanent
use of these historic properties is not feasible, the city shall
require mitigation for the adverse effect on these historic
properties prior to approving any undertaking.
HEALTH AND SAFETY CODE
SECTION 33492.100-33492.116
33492.100. With the enactment of this article, it is the intent of
the Legislature to provide for precise and specific means to mitigate
the very serious economic effects of the closure of the Tustin
Marine Corps Air Station on the City of Tustin, surrounding cities
and the County of Orange by facilitating the planning and
implementation of the reuse and redevelopment of the lands comprising
Tustin Marine Corps Air Station and surrounding areas in accordance
with land use plans and a redevelopment plan that is in effect prior
to the disposition of lands by the federal government.
33492.102. Notwithstanding the requirements of Section 33320.1, a
redevelopment plan for the Tustin Marine Corps Air Station
Redevelopment Project may be adopted pursuant to the provisions of
this article for a redevelopment project area which may include the
following areas:
(a) An area comprising the Tustin Marine Corps Air Station that is
generally bounded by Edinger Avenue, Redhill Avenue, Barranca Road,
and Harvard Road.
(b) An area that includes land contiguous with the Tustin Marine
Corps Air Station, if necessary for the effective redevelopment of
the project area, provided that this area does not exceed 52 acres
and meets the requirements of Section 33320.1 without taking into
account any of the lands described in subdivision (a).
Notwithstanding any other provision of this part, a redevelopment
plan adopted pursuant to this part shall not authorize the
redevelopment agency to acquire by condemnation any lands authorized
to be included in a project area pursuant to this subdivision.
33492.104. For the purposes of this article, a blighted area within
the boundaries of the Tustin Marine Corps Air Station Redevelopment
Project is an area described in subdivision (a) of Section 33492.102
in which the combination of two or more of the following conditions
are so prevalent and so substantial that it causes a reduction of, or
a lack of, proper utilization of the area to an extent that
constitutes a serious physical and economic burden on the community
that cannot reasonably be expected to be reversed or alleviated by
private enterprise or governmental action, or both, without
redevelopment:
(a) 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.
(b) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas. This condition may be
caused by conditions including, but not necessarily limited to, all
of the following: a substandard design; buildings that are too large
or too small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property. This condition also may be caused by buildings that must be
demolished or buildings or areas that have a lack of parking.
(c) 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.
(d) Buildings on land that, when subdivided or when infrastructure
is installed, would not comply with community subdivision, zoning,
or planning regulations.
(e) Properties currently served by infrastructure that does not
meet existing adopted utility or community infrastructure standards
or the existence of inadequate public improvements, public
facilities, and utilities that cannot be remedied by private or
governmental action, without redevelopment.
(f) Buildings that, when built, did not conform to the
then-effective building, plumbing, mechanical, or electrical codes
adopted by the jurisdiction in which the project area is located.
(g) Land that contains materials or facilities, including, but not
necessarily limited to, materials for aircraft landing pads and
runways that would have to be removed to allow development.
(h) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards.
33492.106. (a) Notwithstanding Section 33334.2, or any other
provision of law, the redevelopment agency for the Tustin Marine
Corps Air Station Redevelopment Project, may, for up to 10 years,
defer depositing into the Low- and Moderate-Income Housing Fund up to
50 percent of the amount required by Section 33334.2. The amount of
the deferral shall be considered an indebtedness and shall be repaid
to the Low- and Moderate-Income Housing Fund during the period from
the beginning of the 11th year to the end of the 20th year after the
establishment of the Tustin Marine Corps Air Station Redevelopment
Project area. If the indebtedness is not eliminated by the end of the
20th year, the county auditor or controller shall withhold an amount
equal to the indebtedness and deposit those funds into a separate
Low- and Moderate-Income Housing Fund for use by the redevelopment
agency.
(b) This section shall not apply to the requirement that tax
increment revenues attributable to the property that is located
outside the military base be allocated to the Low- and
Moderate-Income Housing Fund.
33492.108. Notwithstanding any other provision of law, the
redevelopment agency shall make payments to affected taxing entities
required by subdivision (a) of 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 fiscal
year in which the agency receives tax increment revenue.
33492.110. (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 accord 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, the
redevelopment agency shall not continue with 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.
33492.112. The ordinance adopting the redevelopment plan for the
Tustin Marine Corps Air Station Project Area shall not be required to
include the finding required pursuant to paragraph (4) of
subdivision (d) of Section 33367. However, the redevelopment 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 City of Tustin finds that the redevelopment plan
conforms to the general plan of the city, including the housing
element.
33492.114. If the City of Tustin, the Tustin Community
Redevelopment Agency, or any agency or political subdivision of
either, intends to or does acquire title to any real property that
lies within the boundaries of the former Marine Corps Air
Station-Tustin, then notwithstanding any other provision of law,
including Section 33607.5, neither the City of Tustin, nor the Tustin
Community Redevelopment Agency, and none of their respective
agencies and political subdivisions may grant or issue any land use
or other approvals, in the form of any general plan amendments,
specific plans, zoning ordinances, redevelopment plans, development
agreements, subdivision maps, or other development permits or
entitlements, to allow any persons or entities to develop any
commercial, residential, or other land uses on all or any portion of
any real property at the Marine Corps Air Station-Tustin that the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, intends to or does acquire
from any source, unless those approvals require, as conditions of
approval and mitigation measures for allowing the development of
those land uses, the conveyance, or the irrevocable offer to
dedicate, without charge, to the Santa Ana Unified School District
and the Rancho Santiago Community College District, for purposes of
constructing and operating a K-14 facility, (a) fee title to a
100-acre parcel of contiguous land situated within that portion of
the Marine Corps Air Station-Tustin that falls within the existing
boundaries of the Santa Ana Unified School District and the Rancho
Santiago Community College District and includes all or some of the
real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as shown
on Figure 2-3 of the approved Reuse Plan for the Marine Corps Air
Station-Tustin, or (b) fee title to a portion of the Marine Corps Air
Station-Tustin that consists of a portion of land that is approved
in writing by the Santa Ana Unified School District and the Rancho
Santiago Community College District and that does not include any
property designated in the Marine Corps Air Station-Tustin Base Reuse
Plan for any other public entity or nonprofit organization,
including, without limitation, the County of Orange, the Orange
County Sheriff-Coroner, and the Orange County Rescue Mission, but
excluding the South Orange County Community College District. Those
conditions of approval and mitigation measures shall require that the
conveyance or offer to dedicate that 100-acre parcel to those
districts shall be made within 12 months of the date on which the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, first acquires that
property from any source. The requirements of this section shall be
deemed satisfied upon the conveyance of the property, described in
(a) or (b), to the Santa Ana Unified School District and the Rancho
Santiago Community College District. Prior to conveyance of this
property, the Santa Ana Unified School District and the Rancho
Santiago Community College District shall agree upon a legal
description of the property. Notwithstanding any other provision of
law, for purposes of Article 7 (commencing with Section 1240.610) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of
land for classroom facilities, including, but not limited to,
educational and training programs, by the Santa Ana Unified School
District or the Rancho Santiago Community College District shall be
irrebuttably presumed to be a more necessary public use than any
other use at the Marine Corps Air Station-Tustin. This section shall
apply retroactively to all land use or other approvals relating to
the Marine Corps Air Station-Tustin that are granted or issued by the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, on or after January 1,
2001. Any such land use or other approvals granted or issued by any
of these entities that do not comply with this section shall be
invalid and of no force or effect.
33492.116. (a) For purposes of the application of Section 106 of
the National Historic Preservation Act (16 U.S.C. Sec. 470 et seq.)
as it applies only to an area comprising the survey area created for
redevelopment of the Tustin Marine Corps Air Station pursuant to
Section 33310, if the City of Tustin's historic preservation program
is certified pursuant to Section 101(c)(1) of that act (16 U.S.C.
Sec. 470a(c)(1)), the City of Tustin may elect to assume any of the
duties that are given to the state historic preservation officer by
Part 800 of Title 36 of the Code of Federal Regulations or that
originate from agreements concluded under those regulations. The
state historic preservation officer shall agree to this assumption of
duties by the City of Tustin.
(b) In assuming the duties of the state historic preservation
officer pursuant to this section, the city shall ensure that a
marketing and solicitation process is conducted to determine the
feasibility of permanent reuse of Buildings 29 and 29A. The city
shall be responsible for determining in good faith if there are
qualified respondents to the marketing and solicitation process and
determining if the permanent use of these properties in their
historic condition is feasible. If it is determined that permanent
use of these historic properties is not feasible, the city shall
require mitigation for the adverse effect on these historic
properties prior to approving any undertaking.
HEALTH AND SAFETY CODE
SECTION 33492.100-33492.116
33492.100. With the enactment of this article, it is the intent of
the Legislature to provide for precise and specific means to mitigate
the very serious economic effects of the closure of the Tustin
Marine Corps Air Station on the City of Tustin, surrounding cities
and the County of Orange by facilitating the planning and
implementation of the reuse and redevelopment of the lands comprising
Tustin Marine Corps Air Station and surrounding areas in accordance
with land use plans and a redevelopment plan that is in effect prior
to the disposition of lands by the federal government.
33492.102. Notwithstanding the requirements of Section 33320.1, a
redevelopment plan for the Tustin Marine Corps Air Station
Redevelopment Project may be adopted pursuant to the provisions of
this article for a redevelopment project area which may include the
following areas:
(a) An area comprising the Tustin Marine Corps Air Station that is
generally bounded by Edinger Avenue, Redhill Avenue, Barranca Road,
and Harvard Road.
(b) An area that includes land contiguous with the Tustin Marine
Corps Air Station, if necessary for the effective redevelopment of
the project area, provided that this area does not exceed 52 acres
and meets the requirements of Section 33320.1 without taking into
account any of the lands described in subdivision (a).
Notwithstanding any other provision of this part, a redevelopment
plan adopted pursuant to this part shall not authorize the
redevelopment agency to acquire by condemnation any lands authorized
to be included in a project area pursuant to this subdivision.
33492.104. For the purposes of this article, a blighted area within
the boundaries of the Tustin Marine Corps Air Station Redevelopment
Project is an area described in subdivision (a) of Section 33492.102
in which the combination of two or more of the following conditions
are so prevalent and so substantial that it causes a reduction of, or
a lack of, proper utilization of the area to an extent that
constitutes a serious physical and economic burden on the community
that cannot reasonably be expected to be reversed or alleviated by
private enterprise or governmental action, or both, without
redevelopment:
(a) 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.
(b) Factors that prevent or substantially hinder the economically
viable reuse or capacity of buildings or areas. This condition may be
caused by conditions including, but not necessarily limited to, all
of the following: a substandard design; buildings that are too large
or too small given present standards and market conditions; and age,
obsolescence, deterioration, dilapidation, or other physical
conditions that could prevent the highest and best uses of the
property. This condition also may be caused by buildings that must be
demolished or buildings or areas that have a lack of parking.
(c) 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.
(d) Buildings on land that, when subdivided or when infrastructure
is installed, would not comply with community subdivision, zoning,
or planning regulations.
(e) Properties currently served by infrastructure that does not
meet existing adopted utility or community infrastructure standards
or the existence of inadequate public improvements, public
facilities, and utilities that cannot be remedied by private or
governmental action, without redevelopment.
(f) Buildings that, when built, did not conform to the
then-effective building, plumbing, mechanical, or electrical codes
adopted by the jurisdiction in which the project area is located.
(g) Land that contains materials or facilities, including, but not
necessarily limited to, materials for aircraft landing pads and
runways that would have to be removed to allow development.
(h) Properties that contain hazardous wastes that may benefit from
the use of agency authority as specified in Article 12.5 (commencing
with Section 33459) of Chapter 4 in order to be developed by either
the private or public sector or in order to comply with applicable
federal or state standards.
33492.106. (a) Notwithstanding Section 33334.2, or any other
provision of law, the redevelopment agency for the Tustin Marine
Corps Air Station Redevelopment Project, may, for up to 10 years,
defer depositing into the Low- and Moderate-Income Housing Fund up to
50 percent of the amount required by Section 33334.2. The amount of
the deferral shall be considered an indebtedness and shall be repaid
to the Low- and Moderate-Income Housing Fund during the period from
the beginning of the 11th year to the end of the 20th year after the
establishment of the Tustin Marine Corps Air Station Redevelopment
Project area. If the indebtedness is not eliminated by the end of the
20th year, the county auditor or controller shall withhold an amount
equal to the indebtedness and deposit those funds into a separate
Low- and Moderate-Income Housing Fund for use by the redevelopment
agency.
(b) This section shall not apply to the requirement that tax
increment revenues attributable to the property that is located
outside the military base be allocated to the Low- and
Moderate-Income Housing Fund.
33492.108. Notwithstanding any other provision of law, the
redevelopment agency shall make payments to affected taxing entities
required by subdivision (a) of 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 fiscal
year in which the agency receives tax increment revenue.
33492.110. (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 accord 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, the
redevelopment agency shall not continue with 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.
33492.112. The ordinance adopting the redevelopment plan for the
Tustin Marine Corps Air Station Project Area shall not be required to
include the finding required pursuant to paragraph (4) of
subdivision (d) of Section 33367. However, the redevelopment 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 City of Tustin finds that the redevelopment plan
conforms to the general plan of the city, including the housing
element.
33492.114. If the City of Tustin, the Tustin Community
Redevelopment Agency, or any agency or political subdivision of
either, intends to or does acquire title to any real property that
lies within the boundaries of the former Marine Corps Air
Station-Tustin, then notwithstanding any other provision of law,
including Section 33607.5, neither the City of Tustin, nor the Tustin
Community Redevelopment Agency, and none of their respective
agencies and political subdivisions may grant or issue any land use
or other approvals, in the form of any general plan amendments,
specific plans, zoning ordinances, redevelopment plans, development
agreements, subdivision maps, or other development permits or
entitlements, to allow any persons or entities to develop any
commercial, residential, or other land uses on all or any portion of
any real property at the Marine Corps Air Station-Tustin that the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, intends to or does acquire
from any source, unless those approvals require, as conditions of
approval and mitigation measures for allowing the development of
those land uses, the conveyance, or the irrevocable offer to
dedicate, without charge, to the Santa Ana Unified School District
and the Rancho Santiago Community College District, for purposes of
constructing and operating a K-14 facility, (a) fee title to a
100-acre parcel of contiguous land situated within that portion of
the Marine Corps Air Station-Tustin that falls within the existing
boundaries of the Santa Ana Unified School District and the Rancho
Santiago Community College District and includes all or some of the
real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as shown
on Figure 2-3 of the approved Reuse Plan for the Marine Corps Air
Station-Tustin, or (b) fee title to a portion of the Marine Corps Air
Station-Tustin that consists of a portion of land that is approved
in writing by the Santa Ana Unified School District and the Rancho
Santiago Community College District and that does not include any
property designated in the Marine Corps Air Station-Tustin Base Reuse
Plan for any other public entity or nonprofit organization,
including, without limitation, the County of Orange, the Orange
County Sheriff-Coroner, and the Orange County Rescue Mission, but
excluding the South Orange County Community College District. Those
conditions of approval and mitigation measures shall require that the
conveyance or offer to dedicate that 100-acre parcel to those
districts shall be made within 12 months of the date on which the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, first acquires that
property from any source. The requirements of this section shall be
deemed satisfied upon the conveyance of the property, described in
(a) or (b), to the Santa Ana Unified School District and the Rancho
Santiago Community College District. Prior to conveyance of this
property, the Santa Ana Unified School District and the Rancho
Santiago Community College District shall agree upon a legal
description of the property. Notwithstanding any other provision of
law, for purposes of Article 7 (commencing with Section 1240.610) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of
land for classroom facilities, including, but not limited to,
educational and training programs, by the Santa Ana Unified School
District or the Rancho Santiago Community College District shall be
irrebuttably presumed to be a more necessary public use than any
other use at the Marine Corps Air Station-Tustin. This section shall
apply retroactively to all land use or other approvals relating to
the Marine Corps Air Station-Tustin that are granted or issued by the
City of Tustin, the Tustin Community Redevelopment Agency, or any
agency or political subdivision of either, on or after January 1,
2001. Any such land use or other approvals granted or issued by any
of these entities that do not comply with this section shall be
invalid and of no force or effect.
33492.116. (a) For purposes of the application of Section 106 of
the National Historic Preservation Act (16 U.S.C. Sec. 470 et seq.)
as it applies only to an area comprising the survey area created for
redevelopment of the Tustin Marine Corps Air Station pursuant to
Section 33310, if the City of Tustin's historic preservation program
is certified pursuant to Section 101(c)(1) of that act (16 U.S.C.
Sec. 470a(c)(1)), the City of Tustin may elect to assume any of the
duties that are given to the state historic preservation officer by
Part 800 of Title 36 of the Code of Federal Regulations or that
originate from agreements concluded under those regulations. The
state historic preservation officer shall agree to this assumption of
duties by the City of Tustin.
(b) In assuming the duties of the state historic preservation
officer pursuant to this section, the city shall ensure that a
marketing and solicitation process is conducted to determine the
feasibility of permanent reuse of Buildings 29 and 29A. The city
shall be responsible for determining in good faith if there are
qualified respondents to the marketing and solicitation process and
determining if the permanent use of these properties in their
historic condition is feasible. If it is determined that permanent
use of these historic properties is not feasible, the city shall
require mitigation for the adverse effect on these historic
properties prior to approving any undertaking.
