(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 1.5. Office of Planning and Research
Article 1. General Provisions and Definitions
65025. "Office" as used in this chapter means
the Office of Planning and Research.
(Added by Stats. 1970, Ch. 1534.)
Note: Stats. 1970, Ch. 1534, also reads:
SEC. 4. The Office of Planning and Research shall give
immediate and high priority to the development of land
use policy.
As a first component of such policy, the office shall
develop, in conjunction with appropriate state departments
and federal,
regional and local agencies, a statewide plan and implementation
program for protecting land and water resources of
the state
which are of statewide significance in terms of the
state's natural resource base and the preservation
and enhancement of
environmental quality and are threatened due to urban
expansion, incompatible public or private use or development
or other
circumstances.
The planning program shall consider, but not be limited
to:
1. Areas of outstanding scientific, scenic and recreation
value.
2. Areas which are required as habitat for significant
fish and wildlife resources, including rare and endangered
species.
3. Forest and agricultural lands which are judged to
be of major importance in meeting future needs for
food, fiber and
timber.
4. Areas which provide green space and open areas in
and around high-density metropolitan development.
5. Areas which are required to provide needed access
to coastal beaches, lakeshores, and riverbanks.
6. Areas which require special development regulation
because of hazardous or special conditions, such as
earthquake fault
zones, unstable slide areas, flood plains, and watersheds.
7. Areas which serve as connecting links between major
public recreation and open-space sites, such as utility
easements,
streambanks, trails, and scenic highway corridors.
8. Areas of major historic or cultural interest.
SEC. 5. The planning and implementation program shall
consider the full range of powers, programs and actions
by which
state government may influence the use and
development of land and water resources, including public
acquisition, zoning, tax incentives, development regulations
and
acquisition of development rights.
65026. "Functional plan" as used in this chapter,
means an intermediate- or short-range plan for the
operation of a discrete
function of state government.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65027. "Report" as used in this chapter, means
the State Environmental Goals and Policy Report.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65028.1. "Council," as used in this chapter,
means the Planning Advisory and Assistance Council
established pursuant to
subdivision (a) of Section 65040.6.
(Added by Stats. 1976, Ch. 1386.)
65028.2. "District," as used in this chapter,
means a regional planning district created by the Office
of Planning and Research
pursuant to Section 65040.4.
(Added by Stats. 1976, Ch. 1386.)
Article 2. Declaration of State Policy and Legislative
Intent
65030. The Legislature finds and declares that California's
land is an exhaustible resource, not just a commodity,
and is essential
to the economy, environment and general well-being of
the people of California. It is the policy of the state
and the intent of
the Legislature to protect California's land resource,
to insure its preservation and use in ways which are
economically and
socially desirable in an attempt to improve the quality
of life in California.
(Repealed and added by Stats. 1976, Ch. 1386.)
65030.1. The Legislature also finds that decisions involving
the future growth of the state, most of which are made
and will
continue to be made at the local level, should be guided
by an effective planning process, including the local
general plan, and
should proceed within the framework of officially approved
statewide goals and policies directed to land use,
population
growth and distribution, development, open space, resource
preservation and utilization, air and water quality,
and other
related physical, social and economic development factors.
(Added by Stats. 1976, Ch. 1386.)
65030.2. It is further the policy of the state and the
intent of the Legislature that land use decisions be
made with full knowledge
of their economic and fiscal implications, giving consideration
to short-term costs and benefits, and their relationship
to long-
term environmental impact as well as long-term costs
and benefits.
(Added by Stats. 1976, Ch. 1386.)
65031. The Legislature further finds and declares that
recommendation, continuous evaluation and execution
of statewide
environmental goals, policies and plans are included
within the scope of the executive functions of the
Governor and
responsibility for assuring orderly administration of
this process within state government should be assigned
to a governmental
unit reporting directly to the Governor.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65032. The Legislature further finds and declares that
analysis of the impact of individual programs on the
achievement of
statewide environmental goals and the necessity of allocating
fiscal and other resources of the state among competing
programs and needs requires integration of the planning
and executive budget functions within state government.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65033. The Legislature recognizes the importance of
public participation at every level of the planning
process. It is therefore the
policy of the state and the intent of the Legislature
that each state, regional, and local agency concerned
in the planning process
involve the public through public hearings, informative
meetings, publicity and other means available to them,
and that at such
hearings and other public forums, the public be afforded
the opportunity to respond to clearly defined alternative
objectives,
policies, and actions.
(Repealed and added by Stats. 1976, Ch. 1386.)
65034. The Legislature further finds and declares that
the state planning process should be designed to influence
legislative
policy and actions and therefore should specifically
include: (1) provisions for regular review and positive
action by the
Legislature on statewide environmental goals, plans
and policies; and (2) clear identification of legislative
actions required to
carry out statewide environmental goals.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65035. The Legislature finds that it is necessary to
have one agency at the state level which is responsible
for developing state
land use policies, coordinating planning of all state
agencies, and assisting and monitoring local and regional
planning. The
Legislature recognizes that the Office of Planning and
Research in the office of the Governor, as the most
appropriate state
agency to carry out this statewide land use planning
function. It is not the intent of the Legislature to
vest in the Office of
Planning and Research any direct operating or regulatory
powers over land use, public works, or other state,
regional, or local
projects or programs.
(Repealed and added by Stats. 1976, Ch. 1386.)
65035.1. Nothing in Section 65035 shall prevent the
Office of Planning and Research from complying fully
with the provisions
of Part 1.5 (commencing with Section 10100), Division
9 of the Welfare and Institutions Code relating to
social services.
(Added by Stats. 1978, Ch. 1235.)
65036. It is the policy of the state and the intent
of the Legislature to assure orderly planning for specific
functions such as water
development, transportation, natural resources, economic
development and human resources by units of state government
who
exercise management responsibility for these functions.
It is further the intent of the Legislature to provide,
as part of the state
planning process, that state functional plans proceed
from common assumptions and forecasts of statewide
growth and
development, including those set forth in Section 21001
of the Public Resources Code.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65036.1.The Legislature recognizes that the state planning
process, particularly with regard to the preparation
of statewide goals
and policies, should incorporate the recommendations
and views of an advisory council that is responsive
to, and of some
assistance to, the planning concerns that occur on a
local and regional basis.
(Added by Stats. 1976, Ch. 1386.)
65036.5. (Repealed by Stats. 1995, Ch. 686. Effective
on October 10, 1995.)
65036.6. The Legislature requests the Governor to direct
one or more state agencies to examine, by January 1,
1996, the extent to
which local agencies establish procedures to comply
with Chapter 5 (commencing with Section 66000) and
Chapter 8
(commencing with Section 66016) of Division of 1 of
Title 7 of the Government Code.
(Added by Stats. 1993, Ch. 764.)
Article 3. Establishment and Functions of Office of
Planning and Research
65037. The Office of Planning and Research is hereby
established in state government in the Governor's office.
The office shall
be under the direct control of a director, who shall
be responsible to the Governor.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65038. For the purpose of administering this chapter,
the Governor shall appoint the Director of State Planning
and Research,
who shall perform all duties, exercise all powers, assume
and discharge all responsibilities, and carry out and
effect all
purposes vested by the law in the office, including
contracting for professional or consultant services
in connection with the
work of the office.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65039. Notwithstanding the provisions of Section 12001,
the Governor may appoint the Director of Planning and
Research at a
salary not to exceed twenty-seven thousand five hundred
dollars ($27,500) annually.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
Article 4. Powers and Duties
65040. The Office of Planning and Research shall serve
the Governor and his or her Cabinet as staff for long-range
planning and
research, and constitute the comprehensive state planning
agency. In this capacity the office shall:
(a) Assisted by the Planning Advisory and Assistance
Council established pursuant to subdivision (a) of
Section 65040.6,
engage in the formulation, evaluation and updating of
long-range goals and policies for land use, population
growth and
distribution, urban expansion, development, open space,
resource preservation and utilization, air and water
quality, and other
factors which shape statewide development patterns and
significantly influence the quality of the state's
environment.
(b) Assist in the orderly preparation by appropriate
state departments and agencies of intermediate- and
short-range
functional plans to guide programs of transportation,
water management, open space, recreation and other
functions which
relate to the protection and enhancement of the state's
environment.
(c) In conjunction with the council, evaluate plans
and programs of departments and agencies of state government,
identify
conflicts or omissions, and recommend to the Governor
and the Legislature new state policies, programs and
actions, or
amendments of existing programs, as required, to resolve
conflicts, advance statewide environmental goals to
respond to
emerging environmental problems and opportunities, and
to assure that all state policies and programs conform
to the adopted
land use planning goals and programs.
(d) Assist the Department of Finance in preparing, as
part of the annual state budget, an integrated program
of priority
actions to implement state functional plans and to achieve
statewide environmental goals and objectives and take
other actions
to assure that the program budget, submitted annually
to the Legislature, contains information reporting
the achievement of
state goals and objectives by departments and agencies
of state government.
(e) Coordinate the development of policies and criteria
to ensure the federal grants-in-aid administered or
directly expended
by state government advance statewide environmental
goals and objectives.
(f) Coordinate the development and operation of a statewide
environmental monitoring system to assess the implications
of
present growth and development trends on the environment
and to identify at an early time, potential threats
to public health,
natural resources and environmental quality.
(g) Coordinate, in conjunction with appropriate state,
regional, and local agencies, the development of objectives,
criteria
and procedures for the orderly evaluation and report
of the impact of public and private actions on the
environmental quality of
the state and as a guide to the preparation of environmental
impact reports required of state and local agencies
in Sections
21102 and 21150 of the Public Resources Code.
(h) Coordinate research activities of state government
directed to the growth and development of the state
and the
preservation of environmental quality, render advice
to the Governor, to his or her Cabinet, to the Legislature,
and any agency
or department of state government, and provide information
to, and cooperate with, the Legislature or any of its
committees or
officers.
(i) Coordinate the technical assistance provided by
state departments and agencies in regional and local
planning to assure
that such plans are consistent with statewide environmental
goals and objectives.
(j) Accept and allocate or expend grants and gifts from
any source, public or private, for the purpose of state
planning and
undertake other planning and coordinating activities
as will implement the policy and intent of the Legislature
as set forth
herein.
(k) Develop long-range policies to assist the state
and local agencies in meeting the problems presented
by the growth and
development of urban areas and defining the complementary
roles of the state, cities, counties, school districts,
and special
districts with respect to such growth.
(l) Encourage the formation and proper functioning of,
and provide planning assistance to, city, county, district,
and regional
planning agencies.
(m)*** Assist local government in land use planning.
(Amended by Stats. 1976, Ch. 1386; Amended by Stats.
1995, Ch. 686. Effective on October 10, 1995.)
65040.1. In developing a land use policy for the state,
the Office of Planning and Research shall cooperate
with the Department
of Transportation and other federal, state, regional,
and local agencies in their development of a viable,
feasible, and attainable
long-range master plan for aviation that will provide
a framework for discussions, a program of accomplishments,
and a means
to resolve the complex problems of air transportation
in California. Such policy and plan shall be guided
by the environmental
goals and policies of the State Environmental Goals
and Policy Report (Section 65041).
The office shall advise the Legislature, from time to
time, of long-range budgetary projections of the state's
share of the
costs relating to the development of new airports and
related communities. The projections and information
relating to airports
shall be provided by the Department of Transportation.
It is the intent of the Legislature that society not
be compelled to tolerate environmental pollution and
that there be provided
a level of air service acceptable to society without
unacceptable costs in terms of pollution, congestion,
or dollars.
(Amended by Stats. 1980, Ch. 212.)
65040.2. (a) In connection with its responsibilities
under subdivision (l) of Section 65040, the office
shall develop and adopt
guidelines for the preparation and content of the mandatory
elements required in city and county general plans
by Article 5
(commencing with Section 65300) of Chapter 3 of Title
7.*** For purposes of this section, the guidelines
prepared pursuant to
*** Section 50459 of the Health and Safety Code shall
be the guidelines for the housing element required
by Section 65302. In
the event that additional elements are hereafter required
in city and county general plans by Article 5 (commencing
with
Section 65300) of Chapter 3, *** the office shall adopt
guidelines *** for those elements within six months
of the effective
date of the legislation requiring *** those additional
elements.
(b) The office may request from each state department
and agency, as it deems appropriate, and such department
or agency
shall provide, technical assistance in readopting, amending,
or repealing the guidelines.
(c) The guidelines shall be advisory to each city and
county in order to provide assistance in preparing
and maintaining their
respective general plans.
(d) The office shall provide for regular review and
revision of the guidelines established pursuant to
this section.
(Added by Stats. 1975, Ch. 641; Amended by Stats. 1995,
Ch. 686. Effective on October 10, 1995.)
65040.3. When requested by a local jurisdiction, the
office may furnish information and technical and professional
advice on the
preparation of master or general plans, precise plans
or amendments thereto, the preparation of regulations,
procedures,
programs and legislation required for the systematic
execution of master or general plans, and information
and technical and
professional advice concerning planning problems.
(Added by Stats. 1975, Ch. 641.)
65040.4. (a) The office shall divide the state into
regional planning districts. Insofar as possible, the
districts shall be established
to include:
(1) Natural physiographical regions containing complete
watersheds of major streams, and the land upon which
the waters
of such watersheds are put to beneficial use.
(2) Areas having mutual, social, environmental, and
commercial interests as exemplified by connecting routes
of
transportation, by trade and by common use of open space
and recreation areas within the region.
(b) The regional planning districts established by the
Council on Intergovernmental Relations pursuant to
former Section
34216 shall remain in effect as the regional planning
districts of the office until changed by the office.
(Added by Stats. 1975, Ch. 641.)
65040.5. (a) The office shall notify a city or county
with a general plan that has not been revised within
eight years.
(b) The office shall notify the Attorney General if
a general plan of a city or county has not been revised
within ten years.
(Added by Stats. 1975, Ch. 641; Repealed and added by
Stats. 1993, Ch. 437. Effective September 24, 1994.)
65040.6. (a) The Planning Advisory and Assistance Council
is hereby created within the office, the membership
of which shall be
as follows: three city representatives; three county
representatives; one representative of each district,
provided that at least two
of the district representatives are representatives
of metropolitan areawide planning organizations and
that at least one of the
district representatives is a representative of a nonmetropolitan
planning organization; and one representative of Indian
tribes
and bands which have reservations or rancherias within
California. The city and county representatives appointed
pursuant to
this subdivision shall be selected by the director from
nominees submitted by the League of California Cities
and by the
County Supervisors Association of California. Representatives
of areawide planning organizations appointed pursuant
to this
subdivision shall be selected by the director from nominees
submitted by the several areawide planning organizations
within
the state. Other district representatives shall be appointed
by the director. The representatives of Indian tribes
and bands shall
be a member of one such tribe or band, and shall be
selected by the director.
Appointment to the advisory council shall be for a term
of two years, provided that the members of the first
council shall
classify themselves by lot so that one-half shall serve
an initial term of one year and one-half shall serve
an initial term of two
years. Vacancies shall be filled in the same manner
provided for the original appointment.
(b) The council shall provide such advice as may be
necessary to assist the office in discharging the requirements
of
Sections 65040 to 65040.4, inclusive. In particular,
the council shall:
(1) Assist the office in the preparation of the state
long-range goals and policies, in the manner specified
in subdivision (a)
of Section 65040.
(2) Evaluate the planning functions of the various state
agencies involved in planning, in the manner specified
in subdivision
(c) of Section 65040.
(3) Make appropriate decisions and provide such advice
and assistance as may be required by federal statute
or regulation in
connection with any federal program administered by
the office.
(c) The council shall meet on call of the director of
the office, who shall convene at least two council
meetings during each
year.
(d) Council members shall serve without compensation,
but they may be reimbursed for actual expenses incurred
in
connection with their duties.
(Amended by Stats. 1976, Ch. 1386.)
65040.7.(Repealed by Stats. 1995, Ch. 686. Effective
on October 10, 1995.)
65040.8. The Office of Planning and Research shall develop
a housing cost manual which may be used by local agencies
in
assessing the impact on housing costs of alternative
land use proposals and land use regulatory programs
of local agencies and
as an aid in evaluating private land use proposals.
The manual shall present economic and technical criteria
for local agencies to use in developing or acting on,
or both,
general plan elements, zoning regulations, subdivision
map regulations, alternative land use proposals and
policies, and private
land use proposals. The manual shall include a step-by-step
program which local agencies may follow, including,
but not
limited to, sources of data, methods of summarizing
and using the data, formulas for evaluating the impacts
on housing costs
of land use and land use regulatory decisions, and a
guideline on how to prepare a single statement of results.
The Office of Planning and Research shall complete the
housing cost manual required by this section by January
1, 1981.
(Added by Stats. 1979, Ch. 854.)
65040.9. (Repealed by Stats. 1993, Ch. 56.)
Article 5. Statewide Environmental Goals and Policy
Report
65041. The governor shall prepare and thereafter shall
cause to be maintained, regularly reviewed and revised
a comprehensive
State Environmental Goals and Policy Report. In the
preparation of the report, priority shall be given
to the development of
statewide land use policy, including the recommendations
resulting from the land use planning and implementation
program
set forth in Section 65040.6, and including the recommendations
of the Planning Advisory and Assistance Council established
pursuant to subdivision (a) of Section 65040.6.
The report shall contain, but not be limited to, the
following:
(a) An overview, looking 20 to 30 years ahead, of state
growth and development and a statement of approved
state
environmental goals and objectives, including those
directed to land use, population growth and distribution,
development, the
conservation of natural resources, and air and water
quality.
(b) Description of new and revised state policies, programs
and other actions of the executive and legislative
branches
required to implement statewide environmental goals,
including intermediate-range plans and actions directed
to natural
resources, human resources and transportation.
(Amended by Stats. 1976, Ch. 1386.)
65042. Every officer, agency, department or instrumentality
of state government shall cooperate in the preparation
and
maintenance of the State Environmental Goals and Policy
Report and shall comply with any request for advice,
assistance,
information or other material.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65043. The maximum public understanding and response
to alternative statewide environmental goals, policies
and actions shall
be sought in the preparation and maintenance of the
State Environmental Goals and Policy Report. The Governor
shall
consider the desirability of periodic public hearings,
the formation of citizen advisory groups and other
appropriate actions to
accomplish this purpose.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65044. Upon completion of the State Environmental Goals
and Policy Report, the Governor, prior to approval,
shall seek the
advice of the Legislature and for this purpose shall
transmit the report to the Speaker of the Assembly
and to the Senate Rules
Committee.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65045. The Legislature may assign the report for study
to one or more standing committees, or to a joint committee
and may hold
hearings, solicit testimony and take other appropriate
action to secure review of the report. Following such
review, the
Legislature may act by resolution to approve the environmental
goals and policies proposed in the report as an indication
of
legislative intent; or state findings and conclusions
and offer changes, deletions or modifications in the
environmental goals
and policies of the report, or both.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65046. The Governor shall consider any advice offered
by the Legislature as provided in Section 65045 and,
upon his approval,
shall transmit the report to the Legislature, to state
agencies, departments and boards, appropriate federal
agencies and to the
chief executive officer of every city and county in
the state.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65047. Upon approval by the Governor, the State Environmental
Goals and Policy Report shall serve to:
(a) Record approved goals, policies and decisions of
state government related to statewide growth and development
and the
preservation of environmental quality.
(b) Advise the Legislature of statutory action required
to implement state environmental goals and objectives.
(c) Inform other levels of government and the public
at large of approved state environmental goals and
objectives and the
proposed direction of state programs and actions in
achieving them.
(d) Provide a clear framework of goals and objectives
as a guide to the preparation and evaluation of state
functional plans.
(e) Serve as a basis for judgments about the design,
location and priority of major public programs, capital
projects and other
actions, including the allocation of state resources
for environmental purposes through the budget and appropriation
process.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65048. The State Environmental Goals and Policy Report
shall be revised, updated and shall be transmitted
by the Governor to
the Legislature every four years. The Governor, may
at any time, inform and seek advice of the Legislature
on proposed
changes in state environmental goals, objectives and
policies.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
65049. Following approval of the State Environmental
Goals and Policy Report as provided in Section 65046,
the report shall
serve as a guide for state expenditures for environmental
purposes. In transmitting the annual budget to the
Legislature,
information shall be included relating proposed environmental
expenditures to the achievement of statewide goals
and
objectives set forth in the report.
(Added by Stats. 1970, Ch. 1534. See note following
Section 65025.)
Article 6. Local Base Reuse Entities
65050. (a) As used in this article, the following phrases
have the following meanings:
(1) "Military base" means a military base
that is designated for closure or downward realignment
pursuant to the Defense
Authorization Amendments and Base Closure and Realignment
Act (P.L. 100-526), the Defense Base Closure and
Realignment Act of 1990 (P.L. 101-510), or any subsequent
closure or realignment approved by the President of
the United
States without objection by the Congress.
(2) "Effective date of a base closure" means
the date a base closure decision becomes final under
the terms specified by
federal law. These decisions become final 45 legislative
days after the date the federal Base Closure Commission
submits its
recommendations to the President, he or she approves
those recommendations, and the Congress does not disapprove
those
recommendations or adjourns.
(b) It is not the intent of the Legislature in enacting
this section to preempt local planning efforts or to
supersede any existing
or subsequent authority invested in the Defense Conversion
Council, as established by Article 3.7 (commencing
with Section
15346). It is the intent of this act to provide a means
of conflict resolution.
(c) For the purposes of this article, a single local
base reuse entity shall be recognized pursuant to the
provisions of this
section for each military base closure in this state.
(d) The following entities or their successors, including,
but not limited to, separate airport or port authorities,
are
recognized as the single local base reuse entity for
the military bases listed:
Military Base Local Reuse Entity
George Air Force Base Victor Valley Economic Development
Authority
Hamilton Air Force Base City of Novato
Mather Air Force Base County of Sacramento
Norton Air Force Base Inland Valley Development Authority
Presidio Army Base City and County of San Francisco
Salton Sea Navy Base Imperial County
Castle Air Force Base Castle Joint Powers Authority
Hunters Point Naval Annex City and County of San Francisco
Long Beach Naval Station City of Long Beach
MCAS Tustin City of Tustin
Sacramento Army Depot City of Sacramento
MCAS El Toro El Toro Reuse Planning Authority
March Air Force Base March Joint Powers Authority
Mare Island Naval Shipyard City of Vallejo
Naval Training Center, San Diego City of San Diego
NS Treasure Island City and County of San Francisco
NAS Alameda Alameda Reuse and Redevelopment Authority
San Francisco Bay Public Works Center
Alameda Naval Aviation Depot
Oakland Navy Hospital City of Oakland
Fort Ord Army Base Fort Ord Reuse Authority
Any military base reuse authority created pursuant to
Title 7.86 (commencing with Section 67800).
(e) For any military base that is closed and not listed
in subdivision (a), a single local reuse entity shall
be recognized for
the base by the state if resolutions acknowledging the
entity as the single base reuse entity are adopted
by the affected county
board of supervisors and the city council of each city
located wholly or partly within the boundaries of a
military base or
having a sphere of influence over any portion of the
base and are forwarded to the Defense Conversion Council
and the Office
of Planning and Research within 60 days after the effective
date of a base closure decision or within 60 days after
the date on
which this section becomes operative, whichever date
is later.
(f) If the necessary resolutions are not adopted within
the time limit specified in subdivision (e), the Director
of the Office of
Planning and Research may select a mediator, from a
list submitted by the Defense Conversion Council containing
no fewer
than seven recommendations, to reach agreement among
the affected jurisdictions on a single local reuse
entity. In selecting a
mediator, the director shall appoint a neutral person
or persons, with experience in local land use issues,
to facilitate
communication between the disputants and assist them
in reaching a mutually acceptable agreement.
(g) As a last resort, and only if no recognition is
made pursuant to the procedure specified in subdivisions
(e) and (f) within
120 days after a base closure decision has become final
or within 120 days after the date on which this section
becomes
operative, whichever date is later, the Defense Conversion
Council, created pursuant to Article 3.6 (commencing
with Section
15346) of Chapter 1 of Part 6.7 of Division 3 of Title
2, shall hold public hearings and recognize a single
local base reuse
entity for each closing base for which agreement is
reached among the local jurisdictions with responsibility
for complying
with Chapter 3 (commencing with Section 65100) and Chapter
4 (commencing with Section 65800) on the base, or
recommend legislation or action by the local agency
formation commission if necessary to implement a proposed
recognition.
(h) In recognizing a single local reuse entity pursuant
to this section, preference shall be given to existing
entities and
entities with responsibility for complying with Chapter
3 (commencing with Section 65100) and Chapter 4 (commencing
with
Section 65800).
(i) Any recognition of a single local reuse entity made
pursuant to subdivision (e), (f), or (g) shall be submitted
by the
Director of the Office of Planning and Research to the
Governor, the Legislature, and the United States Department
of
Defense.
(Added by Stats. 1994, Ch. 1261.)