Cal. Code Regs. tit. 25 § 8443.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 8443.1 - Modification of Application Area Boundaries; Agency Decision

(a) A final applicant shall not modify the boundaries of the application area contained in the preliminary application unless the Agency has approved of the modification prior to the final application due date contained in the Enterprise Zone Final Application Handbook.

(b) A final applicant shall not be permitted to add a geographic area to the application area contained in the preliminary application if the addition includes any area under the jurisdiction of a city, county or city and county that did not submit a section 8442.8 resolution as part of the preliminary application.

(c) A final applicant which desires to modify the boundaries of the application area contained in the preliminary application shall submit the following information to the Agency:

(1) Documents that show that any area(s) being proposed for addition to the application area:

(A)

1. For a new commercial area, is contained within or contiguous with, the application area contained in the preliminary application. As used this subsection (c)(1)(A) "new" means that the preliminary application did not contain a commercial or industrial area; or

2. For a new industrial area where one did not exist before, is contained within or adjacent to, the application area contained in the preliminary application; and

(B) Represent no more than five percent (5%) of the total geographic area of the application area contained in the applicant's preliminary application;

(2) If the area(s) to be added include commercial and/or industrial areas, documents that show that the area(s) are at least 51% zoned commercial and/or industrial and documents show that the modified application area contains both one eligible area plus one commercial and/or industrial area;

(3) If the area(s) to be added includes an expanded eligible area, evidence that shows that the eligible area complies with the petition or eligible area criteria contained in articles 4 and 5;

(4) An updated boundary description for the modified application area, and a zoning or land use map for the area(s) being added or deleted;

(5) A resolution by the governing body of each city, county or city and county that has jurisdiction within the geographic area being added or deleted approving of the modification to the boundaries of the application area. If a geographic area is being added, the resolution shall contain the findings required by section 7073(a) of the Government Code; and

(6) A statement containing the reasons for the change to the application area.

(d) The Agency shall approve or disapprove of a modification to the boundaries of an application area by mailing a written notification within fourteen (14) days of receipt of a request for modification. Approval or denial of the request shall be based upon the final applicant's compliance with subsection (c) above. The information required in the final application and by sections 8449 through 8449.7 shall reflect any modification approved for the application area.

Cal. Code Regs. Tit. 25, § 8443.1

1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A Certificate of Compliance must be transmitted to OAL within 180days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section heading and subsections (a), (c) and (d) filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect renumbering title 10, section 5612.1 to title 25, section 8443.1 and amending section filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).

Note: Authority cited: Sections 7073 and 7076, Government Code; and Section 21082, Public Resources Code. Reference: Sections 7071, 7073 and 7075, Government Code.