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Fort Ord Reuse Authority

Fort Ord Reuse Authority. FORA’s Role in Land Use Decisions September 13, 2013 FORA Board Meeting. Jon Giffen Authority Counsel. Issue : . What is FORA’s role in making land use decisions?. FORA may influence land use decisions in 3 ways:

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Fort Ord Reuse Authority

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  1. Fort Ord Reuse Authority FORA’s Role in Land Use Decisions September 13, 2013 FORA Board Meeting Jon Giffen Authority Counsel

  2. Issue: What is FORA’s role in making land use decisions? FORA may influence land use decisions in 3 ways: • making BRP consistency determinations authorized by the Fort Ord Reuse Act; • instituting land use controls by contract; and • exerting power over property through direct ownership. Answer:

  3. BRP Consistency Determinations Fort Ord Reuse Act • FORA’s powers and duties “prevail over those of any local entity, including any City or County.” • FORA Board creates the BRP, and local jurisdictions implement the BRP through their own general plans, zoning ordinances and the permit approval process. • FORA Board primarily enforces BRP by declaring general plans, zoning ordinances, and other implementing actions to be “consistent” or “inconsistent” with the BRP. Gov. Code §§ 67675, 67675.5. • Fort Ord Reuse Act delegates all development review authority to the “county or city over any development proposed within the area to which the general plan applies.” Gov. Code § 67675.6. One Exception:Actions of the member agency…may be reviewed by the board on its own initiative, or may be appealed to the board. Gov. Code § 67675.8(b)(2).

  4. Contract Land use decisions can also be controlled by contract. Three provisions in the Fort Ord Reuse Act: • GC § 67677: agreements with United States… • GC § 67680: agreements as necessary to mitigate the impact of the reuse of Fort Ord on rare and endangered species of flora and fauna. • GC § 67680.5: agreements as necessary to mitigate impacts of the reuse of Fort Ord in addition to those specified in § 67680. Most important contractual expression: Implementation Agreements

  5. Ownership • FORA authorized to accept title to land from Army. Gov. Code 67678. • No law allows FORA to retain property for express purpose of influencing land use decisions. • FORA can retain title to property if: • Board determines it is necessary or convenient to carrying out FORA’s responsibilities pursuant to law, and • Board determines that retention will not cause financial hardship to the city or county with jurisdiction over the property. Gov. Code § 67678(b)(4).

  6. Concluding Points • FORA may influence land use by making consistency determinations that ensure compliance with the BRP. • FORA may influence land use by contract, primarily through Implementation Agreements. • FORA may influence land use by ownership of land, although it can only retain ownership of land if: (i) necessary or convenient to carrying out FORA's responsibilities pursuant to law; and (ii) so long as no significant financial hardship is caused to the underlying jurisdiction.

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