AB 806,
as amended, Dodd. begin deletePlanning and zoning: permits: strand-mounted antenna. end deletebegin insertCommend insertbegin insertunity development: economic opportunity.end insert
Under existing law, before certain city, county, or city and county property is sold or leased for economic development purposes, approval of the sale or lease by the legislative body by resolution, after a public hearing, is required. Existing law requires that resolution to contain a finding that the sale or lease of the property will assist in the creation of economic opportunity, as defined.
end insertbegin insertThis bill would repeal the existing requirement for approval of the sale or lease by the legislative body by resolution before certain city, county, or city and county property is sold or leased for economic development purposes. The bill would instead authorize a city, county, or city and county to acquire property in furtherance of the creation of an economic opportunity, as defined. The bill would also authorize a city, county, or city and county to sell or lease property to create an economic opportunity. The bill would require the acquisition, sale, or lease to be approved by the legislative body by resolution after a public hearing. The bill would require the resolution to contain a finding that the acquisition, sale, or lease of the property will assist in the creation of economic opportunity and would require the creation of an economic opportunity to be subject to specified public notice and hearing provisions.
end insertbegin insertExisting law authorizes a city, county, or city and county to establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures.
end insertbegin insertThis bill would revise that authorization by requiring the loan to be in the form of a written loan agreement that includes a payment schedule, the terms for interest calculation, the rights and remedies of the parties in case of default, and any other material terms of the loan. The bill would require, prior to entering into that loan agreement, the city, county, or city and county to find, after a public hearing, that the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private market.
end insertThe Permit Streamlining Act governs the approval process that a city, county, or city and county is required to follow when approving, among other things, a project that is located within a flood hazard zone, a permit for a hazardous waste facility project, and a permit for construction or reconstruction for a development project for a wireless telecommunications facility.
end deleteThis bill would require state and local agencies to encourage the installation of broadband by eliminating barriers that restrict broadband deployment. The bill would also require that strand-mounted antennas, as defined, that were previously in accordance with state or local government permitting requirements be exempt from additional permit requirements. The bill would make findings and declarations in this regard including that this constitutes a matter of statewide concern.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 52200.2 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
As used in this part “economic opportunity” means
4any of the following:
5(a) Developmentbegin delete agreementsend deletebegin insert agreements, loan agreements, sale
6agreements, lease agreements,end insert or other agreements that create,
7retain, or expand new jobs, in which the legislative body finds that
8the agreement will create or retain at least one full-time equivalent,
9permanent job for every thirty-five thousand dollars ($35,000) of
10city, county, or city and county investment in the project after full
11capacity and implementation.
12(b) Developmentbegin delete agreementsend deletebegin insert
agreements, loan agreements, sale
13agreements, lease agreements, or other agreementsend insert that increase
14property tax revenues to all property tax collecting entities, in
15which the legislative body finds that the agreement will result in
16an increase of at least 15 percent of total property tax resulting
17from the project at full implementation when compared to the year
18prior to the property being acquired by the government entity.
19(c) Creation of affordable housing, if a demonstrated affordable
20housing need exists in the community, as defined in the approved
21housing element or regional housing needs assessment.
22(d) Projects that meet the goals set forth in Chapter 728 of the
23Statutes of 2008 and have been included in an adopted sustainable
24communities strategy or alternative planning strategy or a project
25that specifically implements the goals of
those adopted plans.
26(e) Transit priority projects, as defined in Section 21155 of the
27Public Resources Code.
28
(f) The acquisition of property in furtherance of the creation of
29an economic opportunity, as described in subdivisions (a) to (e),
30inclusive.
begin insertSection 52200.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
32to read:end insert
begin insert(a)end insertbegin insert end insert Thisbegin delete chapterend deletebegin insert partend insert shall not be interpreted to
34authorize the use of eminent domain for economic development
35purposes.
36
(b) The creation of an economic opportunity pursuant to this
37part shall be subject to the provisions of Section 53083.
P4 1
(c) The provisions of this part shall be an alternative to any
2authority of a city, county, or city and county to create an economic
3opportunity or to acquire, sell, or lease property for economic
4development, found in the Constitution, state law, local ordinance,
5or charter. This part does not limit, or in any way affect, the
6application of any other such laws.
begin insertSection 52201 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
8read:end insert
(a) (1) begin deleteBefore any city, county, or city and county begin insertA city, county, or city
10property that is returned to the city, county, or city and county per
11the long-range property management plan, pursuant to Section
1234191.5 of the Health and Safety Code, is sold or leased for
13economic development purposes, the sale end delete
14and county may acquire property in furtherance of the creation of
15an economic opportunity. A city, county, or city and county may
16sell or lease property to create an economic opportunity. The
17acquisition, sale,end insert or lease shall first be approved by the legislative
18body by resolution afterbegin insert
aend insert public hearing. Notice of the time and
19place of the hearing shall be published in a newspaper of general
20circulation in the community at least once per week for at least
21two successive weeks, as specified in Section 6066, prior to the
22hearing.
23(2) The city, county, or city and county shall make available,
24for public inspection and copying at a cost not to exceed the cost
25of duplication, a report no later than the time of publication of the
26first notice of the hearing mandated by this section. This report
27shall contain both of the following:
28(A) A copy of the proposedbegin delete saleend deletebegin insert acquisition, sale,end insert or lease.
29(B) A summary that describes and specifies all of the following:
30(i) The cost of the agreement to the city, county, or city and
31county, including land acquisition costs, clearance costs, relocation
32costs, the costs of any improvements to be provided by the city,
33county, or city and county, plus the expected interest on any loans
34or bonds to finance the agreements.
35(ii) begin deleteThe end deletebegin insertFor the sale or lease of property, theend insert estimated value
36of the interest to be conveyed or leased, determined at the highest
37and best uses permitted under the general plan or zoning.
38(iii) begin deleteThe end deletebegin insertFor
the sale or lease of property, theend insert estimated value
39of the interest to be conveyed or leased, determined at the use and
40with the conditions, covenants, and development costs required
P5 1by the sale or lease. The purchase price or present value of the
2lease payments which the lessor will be required to make during
3the term of the lease. If the sale price or total rental amount is less
4than the fair market value of the interest to be conveyed or leased,
5determined at the highest and best use, then the city, county, or
6city and county shall provide as part of the summary an explanation
7of the reasons for the difference.
8(iv) An explanation of why thebegin delete saleend deletebegin insert acquisition, sale,end insert or lease
9of the property will assist in the creation of economic
opportunity,
10with reference to all supporting facts and materials relied upon in
11making this explanation.
12(b) The resolution approving thebegin delete lease or saleend deletebegin insert
acquisition, sale,
13or leaseend insert shall be adopted by a majority vote unless the legislative
14body has provided by ordinance for a two-thirds vote for that
15purpose and shall contain a finding that thebegin delete saleend deletebegin insert acquisition, sale,end insert
16 or lease of the property will assist in the creation of economic
17opportunity.begin delete Theend deletebegin insert For the sale or lease of property, theend insert resolution
18shall also contain one of the following findings:
19(1) The consideration is not less than the fair market value at
20its highest and best use.
21(2) The consideration is not less than the fair reuse value at the
22use and with the covenants and conditions and development costs
23authorized by the sale or lease.
24(c) The provisions of this section are an alternative to any other
25authority granted by law to cities to dispose of city-owned property.
begin insertSection 52202 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
27read:end insert
begin insert(a)end insertbegin insert end insertA city, county, or city and county maybegin delete establish a begin insert loanend insert funds to owners or tenants for
29program under which it loansend delete
30the purpose of rehabilitating commercial buildings or structures.
31
begin insert The loan shall be in the form of a written end insertbegin insertloan agreement that
32includes a payment schedule, the terms for interest calculation,
33the rights and remedies of the
parties in case of default, and any
34other material terms of the loan. end insert
35
(b) Prior to entering into a loan agreement pursuant to this
36section, the city, county, or city and county shall find, after a public
37hearing, that the assistance is necessary for the economic feasibility
38of the development and that the assistance cannot be obtained on
39economically feasible terms in the private market.
begin insertSection 52204 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
2read:end insert
The determinations made by a legislative body pursuant
4to this part shall be final and conclusive.
Section 65964.5 is added to the Government
6Code, to read:
(a) (1) The Legislature hereby finds and declares
8that communications technology and services, particularly
9broadband, are criticial the the economic success of this state in
10the 21st century. Broadband can drive local and state economic
11growth, as well as improve education, business services, public
12safety, health care, and energy efficiency.
13(2) The Legislature finds and declares that the implementation
14of consistent statewide policies to achieve timely and cost-effective
15deployment of broadband is a matter of statewide concern and that
16this section shall apply to charter cities and charter counties. The
17provisions of this section shall supersede any inconsistent
18provisions in the charter of any city, county, or city
and county.
19(b) It is the intent of the Legislature that state and local agencies
20not adopt ordinances, resolutions, or regulations that create
21unreasonable barriers to the installation of broadband. State and
22local agencies shall encourage the installation of broadband by
23eliminating barriers that restrict broadband deployment.
24(c) (1) A strand-mounted antenna used for the provision of
25video, voice, or data service that is attached to communications
26infrastructure that were previously constructed in accordance with
27state or local permitting requirements shall be exempt from
28additional permitting requirements.
29(2) For the purposes of this section, “strand-mounted antenna”
30means a low-powered antenna embedded in or attached to
31communications cables that are part of a pole-supported overhead
32
communications infrascture. “Strand-mounted antenna” shall not
33include a commercial mobile radio services (CMRS) antenna.
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