BILL NUMBER: AB 14 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wieckowski
DECEMBER 6, 2010
An act relating to redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 14, as introduced, Wieckowski. Redevelopment: Fremont
Redevelopment Agency.
The Community Redevelopment Law authorizes the establishment of
redevelopment agencies in communities in order to address the effects
of blight, as defined, in those communities and requires to prepare,
or cause to be prepared, and to approve a redevelopment plan for
each project area. That law sets forth various procedural
requirements of a redevelopment agency for its adoption of a
redevelopment plan.
This bill would authorize the Fremont Redevelopment Agency to
adopt a redevelopment plan for a project area encompassing or
surrounding the New United Motor Manufacturing, Inc. (NUMMI)
automobile manufacturing plant and the Warm Springs Bay Area Rapid
Transit (BART) station. The bill would set forth alternative
conditions that cause blight for the purpose of the adoption of this
redevelopment plan. The bill would provide that the redevelopment
plan would not be required to demonstrate conformance with the
community's general plan, but would prohibit the agency from
receiving or using tax increment funds from the project area until
its legislative body determines that the redevelopment plan is
consistent with the general plan. The bill would also make other
changes to the plan adoption process in order to streamline that
process.
The bill would require the county assessor of the County of
Alameda to review the assessed value of the taxable properties in the
project area prior to the effective date of the ordinance adopted by
the Fremont Redevelopment Agency for purposes of establishing the
assessment roll to be used in connection with the taxation of the
subject properties. By adding to the duties of local government
officials, this bill would impose a state-mandated local program.
The bill would also authorize the agency to use tax increment
revenue derived from the project area to assist in funding school
facilities that will serve the future residents of the project area,
as specified. The bill would specify that this use of tax increment
funding would be in addition to any transfer of tax increment revenue
to a taxing agency or school district for educational purposes
required under the Community Redevelopment Law.
The Planning and Zoning Law authorizes a city, county, or city and
county to require, by ordinance, the payment of a development impact
fee for school facilities as a condition to the approval of a
residential development, in specified circumstances.
This bill would authorize the City of Fremont, upon the request of
the Fremont Redevelopment Agency, to impose a higher maximum school
facilities development impact fee with respect to residential
developments in the project area than that provided for under
existing law.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Fremont Redevelopment
Agency.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California once boasted eight automobile manufacturing plants
within its borders. Today, the one remaining automobile manufacturing
plant in the western United States resides in Fremont, California.
(b) This one remaining plant, the New United Motor Manufacturing,
Inc. (NUMMI) plant, was the product of a joint venture formed in 1984
between General Motors Corporation and Toyota Motor Corporation. In
2009, General Motors declared bankruptcy and ended the joint venture,
putting the plant's continued operation at risk.
(c) The NUMMI plant formerly produced approximately 250,000 cars
and 170,000 trucks annually, employed nearly 4,700 workers who lived
throughout the San Francisco Bay Area, and, through its purchase of
supplies, supported over 15,000 more workers throughout the state.
(d) Extraordinary measures must be taken to mitigate the economic
and social effects of underutilization of the area encompassing or
surrounding the NUMMI plant.
(e) The Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code) has been
one of the most effective tools for helping a city and region
recover from the devastating economic effects of underutilization of
a major regional manufacturing center, such as the NUMMI plant.
However, the adoption of a redevelopment plan is a time and cost
intensive process, with many uncertainties. A streamlined process for
adoption of a redevelopment plan for a project area encompassing or
surrounding the NUMMI plant will allow for more efficient use of the
Community Redevelopment Law while reducing the uncertainties
associated with the redevelopment plan adoption process.
(f) The extension of the Bay Area Rapid Transit (BART) system and
the construction of the Warm Springs BART station represents a unique
opportunity to incorporate transit-oriented development in the
vicinity of the NUMMI plant. Therefore, allowing the area
encompassing or surrounding the Warm Springs BART station to be
included in the project area encompassing or surrounding the NUMMI
plant will allow for better coordination of development of these
areas.
SEC. 2. With the enactment of this act, it is the intent of the
Legislature to do both of the following:
(a) Provide a means of mitigating the economic and social
degradation faced by the community of Fremont and its surrounding
region resulting from the reduced operation, or possible closure, of
the NUMMI plant site in Fremont, California.
(b) Enable the Fremont Redevelopment Agency to adopt a
redevelopment plan for a project area encompassing or surrounding the
NUMMI plant site and encompassing and surrounding the Warm Springs
BART station in order to alleviate underutilization resulting from
adverse economic conditions and to foster economic reuse
opportunities. It is not the intent of the Legislature to authorize
the Fremont Redevelopment Agency to include large areas of
undeveloped land within this project area.
SEC. 3. (a) The Fremont Redevelopment Agency may adopt a
redevelopment plan, pursuant to this act, for a project area
including all, or any portion of, the area encompassing or
surrounding the NUMMI plant and all, or any portion of, the area
encompassing or surrounding the Warm Springs BART station.
(b) The project area may also include territory outside the area
encompassing or surrounding the NUMMI plant or the Warm Springs BART
station if that territory is characterized by blight, as that term is
defined in Sections 33030 and 33031 of the Health and Safety Code or
Section 4 of this act.
(c) All territory outside the plant or station included within the
project area shall be characterized as predominately urbanized, as
that term is defined in subdivision (b) of Section 33320.1, if either
of the following occur:
(1) The legislative body of the Fremont Redevelopment Agency
determines the territory is underutilized relative to densities of
development typically found in proximity to other stations making up
the BART system.
(2) At the time of adoption of the redevelopment plan, the
legislative body has initiated proceedings to adopt a specific plan
or a general plan amendment to increase the utilization of that
territory.
(d) The Fremont Redevelopment Agency may adopt a project area
either pursuant to this act and the Community Redevelopment Law, or
solely pursuant to the Community Redevelopment Law.
(e) A redevelopment plan or project area adopted by the Fremont
Redevelopment Agency pursuant to this act shall be subject to all
other applicable laws, including, but not limited to, the Community
Redevelopment Law and the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), except as provided by this act.
SEC. 4. For purposes of adopting a redevelopment plan for a
project area pursuant to this act, this section describes the
conditions that cause blight. In order for an area to qualify as
being blighted under this section, the area shall meet at least two
of the following conditions:
(a) The existence of a building or buildings in which it is unsafe
or unhealthy for an individual to live or work due to unsafe or
unhealthy conditions, including, but not limited to, serious building
code violations, dilapidation and deterioration, defective design or
physical construction, faulty or inadequate infrastructure, presence
of hazardous materials, or other similar factors.
(b) The existence of buildings or areas with factors inhibiting
their economically viable reuse, including, but not limited to,
substandard design, being 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.
(c) The existence of economic conditions that prevent economic
development, including, but not limited to, abnormally high business
vacancies, substantial job losses, abnormally low lease rates, or an
abnormally high number of abandoned buildings or leaseable square
feet.
(d) The existence of buildings that do not comply with
subdivision, zoning, or planning regulations.
(e) The existence of infrastructure that does not meet existing
adopted utility or community infrastructure standards.
(f) The existence of buildings that do no currently conform to the
effective building, plumbing, mechanical, or electrical codes
adopted by the community where the project area is located, or that
do not meet the current codes for planned reuse without
rehabilitation or retrofit.
(g) The existence of specialized materials, facilities, or
equipment that must be removed or substantially modified to allow for
development.
SEC. 5. In adopting a redevelopment plan pursuant to this act, the
procedural requirements of Chapter 4 (commencing with Section 33300)
of Part 1 of Division 4 of the Health and Safety Code shall be
modified as follows:
(a) The preliminary plan and redevelopment plan shall not be
required to demonstrate conformance with the community's general
plan. However, the Fremont Redevelopment Agency shall not receive or
expend tax increment funds from the project area until its
legislative body determines that the redevelopment plan is consistent
with the community's general plan.
(b) The report on the redevelopment plan shall not be required to
include the report of the planning commission.
(c) The report of the county fiscal officer and the preliminary
report shall not be required to be more complete than the information
currently available permits.
SEC. 6. Consistent with Section 16 of Article XVI of the
California Constitution, the assessed value of the taxable properties
in a project area created pursuant to this act shall be reviewed by
the county assessor prior to the effective date of the ordinance
adopted by the Fremont Redevelopment Agency for purposes of
establishing the assessment roll to be used in connection with the
taxation of the subject properties. This review shall consider, among
other things, the occurrence of any of the following events:
(a) Removal of personal property and equipment from the NUMMI
plant.
(b) A successful assessment appeal filed by the owner of the NUMMI
plant.
(c) A transfer of ownership that triggers a reassessment of the
transferred property.
SEC. 7. (a) For the purposes of this act, the term "redevelopment"
as defined in Article 2 (commencing with Section 33020) of Chapter 1
of Part 1 of Division 24 of the Health and Safety Code, shall
include the provision of funding for the development of school
facilities that will serve future residents of a project area.
(b) In order to fund the development of school facilities that
will serve those residents, the Fremont Redevelopment Agency may use
tax increment revenue from the project area to assist in funding
school facilities that will serve those residents. This use of tax
increment revenue shall not affect, and will be in addition to, any
transfer of tax increment to a taxing entity or school district
required by the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code).
(c) Notwithstanding any contrary law, the City of Fremont, upon
the request of the Fremont Redevelopment Agency, may impose a higher
maximum school facilities development impact fee than that provided
for in Chapter 4.7 (commencing with Section 65970) of Division 1 of
Title 7 of the Government Code with respect to residential
developments in the project area.
SEC. 8. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of unique economic circumstances in the area served by the
Fremont Redevelopment Agency relating to the underutilization of the
NUMMI automobile manufacturing plant and the construction of the Warm
Springs BART station.
SEC. 9. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.