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(2) A statement that the city, county, or city and county agrees to complete all actions stated within the preliminary and final application which apply to its jurisdiction should the final application be awarded conditional designation.
(b) For each city, county, or city and county having jurisdiction over any portion of an application area that is not a preliminary applicant, the resolution shall contain the following information:
(1) A statement that the city, county, or city and county agrees to the inclusion of the area within its jurisdiction as part of the application area but does not wish to participate as a preliminary or final applicant; and
(2) A statement that the city, county, or city and county agrees to complete all actions stated within the preliminary and final application which apply to its jurisdiction should the final application be awarded conditional designation.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8442.9. Invalid Application Areas; Addendum to Preliminary Application.
(a) The Agency shall send a notice by certified mail to each preliminary applicant whose preliminary application contains an invalid area. The notice shall contain a description of the invalid area, and an explanation as to why the area is invalid. For the purposes of this section, "invalid area " means an application area, or portion thereof, that:
(1) Is included within the application area of more than one preliminary or final application;
(2) Is included in a designated program area under the provisions of the Employment and Economic Incentive Act, chapter 44, statutes of 1984; or
(3) Is included within an area that has been designated as an enterprise zone by the Agency.
(b) The Agency shall permit a preliminary applicant whose preliminary application contains an invalid area an opportunity to submit an addendum to the preliminary application ( "addendum"). The preliminary application shall state in the addendum whether or not the boundaries of the originally proposed application area have been changed.
(1) If the boundaries of the originally proposed application area have been changed, the addendum shall contain:
(A) A description of the new geographic boundaries of the application area; and
(B) An amendment to any part of the preliminary application that is affected by the change in the application area.
(2) If the originally proposed application area has not been changed, the addendum shall identify the reason why a change is not necessary.
(c) The addendum shall be signed by a majority of the members of each governing body with jurisdiction in the application area. The preliminary applicant shall submit the original of the addendum, together with six (6) copies thereof, to the Agency on or before the due date specified in subsection (d).
(d) Preliminary applicants shall submit the addendum to the Agency no later than fourteen (14) days after the notice of the invalid area is mailed by the Agency. The Agency shall reject, without review, any addendum submitted after the due date.
(1) If, after the Agency's review of the addendum received on or before the due date, the application area continues to contain an invalid area, the Agency shall disqualify the preliminary application and no further review of the preliminary application shall be conducted.
(2) If, after the review, the application area identified by the preliminary application no longer contains an invalid area, the preliminary application, with the amended boundaries, shall be qualified to undergo further review by the Agency.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8442.10. Selection of Final Applicants.
(a) Except for small cities enterprise zone designation, the Agency shall select a maximum of twenty (20) highest scoring preliminary applications to complete a final application, as determined by the evaluation and grading provisions contained in articles 6 and 7. The Agency shall select a maximum of five (5) highest scoring small cities enterprise zone preliminary applications to complete a final application, as determined by the evaluation and grading provisions contained in articles 6 and 7.
(b) Notwithstanding subsection (a) above, if, except for a small cities designation, there is a tie for the twentieth highest score and, as a result of the tie, more than twenty preliminary applications receive the twenty highest scores, the Agency shall eliminate from further competition each preliminary application receiving the twentieth highest score. In the case of a small cities enterprise zone designation, if there is a tie for the fifth highest score and, as a result of the tie, more than five preliminary applications receive the five highest scores, the Agency shall eliminate from further competition each preliminary application receiving the fifth highest score.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Sections 7073 and 7039.9, Government Code.
s 8442.11. Notice of Decision; Enterprise Zone Final Application Handbook.
(a) The Agency will notify each preliminary applicant in writing of the results of the preliminary application evaluation. The notice shall inform the applicant of the score attained by the preliminary applicant and shall identify the preliminary applications which have been awarded final applicant status. The notice shall be mailed within sixty (60) days after the due date for preliminary applications.
(b) A copy of the Enterprise Zone Final Application Handbook shall be included with the notice sent to each preliminary applicant awarded final applicant status.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8443. Final Application Requirements.
Final applicants shall prepare a final application. The final application shall contain the information specified in sections 8443.2, 8443.3, 8443.4, and 8449.5. The final application for a small cities enterprise zone designation shall also include the information required by section 8443.9.
Note: Authority cited: Sections 7073 and 7076, Government Code; and Section 21082, Public Resources Code. Reference: Sections 7071, 7073, 7039.9 and 7075, Government Code.
s 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.
Note: Authority cited: Sections 7073 and 7076, Government Code; and Section 21082, Public Resources Code. Reference: Sections 7071, 7073 and 7075, Government Code.
s 8443.2. Final Economic Development Plan and Evaluation Criteria.
Each final application shall contain a Final Economic Development Plan. The Final Economic Development Plan shall contain the information and data specified in this section, except for a small cities enterprise zone, which shall contain both the information required by this section and section 8443.9. The Agency shall evaluate and numerically grade each Final Economic Development Plan on a competitive basis, based upon the categories and corresponding point values set forth below and, for small cities enterprise zones, the categories and point values set forth in section 8443.9, and the scoring method set forth in section 8444.2.
(a) The data and information required by Section 8442.7: up to 950 points.
The Final Economic Development Plan shall contain all of the data and information required by the Preliminary Economic Development Plan. The final applicant shall submit the original information and data as previously presented in its Preliminary Economic Development Plan and, if the final applicant desires, submit new or modified information and data in addition to that originally presented in the Preliminary Economic Development Plan.
(b) Infrastructure: up to 150 points.
The Final Economic Development Plan shall contain a detailed analysis and description of the availability and condition of the infrastructure within the industrial and commercial area. The analysis and description shall include the condition, capacity to deliver service and available capacity of:
(1) Water supply;
(2) Storm drainage;
(3) Sewer and waste treatment plant;
(4) Natural gas and electric; and
(5) Streets and street lighting;
(6) Any other indicators of the capacity, condition and availability of the infrastructure within the industrial and commercial area.
The Final Economic Development Plan shall describe all plans to expand or improve the infrastructure, including the projected costs, proposed financing and the time tables for completion.
(c) Program Management: up to 150 points.
The Final Economic Development Plan shall contain a detailed description of the annual budget(s), staff and organization for administration of the proposed enterprise zone. The description shall include:
(1) The applicant's annual line item budget and the source of funding that the applicant will commit for the administration of the proposed enterprise zone.
(2) The annual budgets (dollars) for each agency; or organization, other than the applicant, which has been identified in subsection (a) as providing marketing, job development, and other aspects of implementing the Final Economic Development Plan.
(3) The names(s) of the person(s) who will act as the enterprise zone coordinator(s) and administer the proposed enterprise zone on a full time basis. The enterprise zone coordinator(s) shall spend at least half of his or her time contacting businesses.
(4) An organization chart that shows all persons and organizations involved in all aspects of the proposed enterprise zone, including marketing, job development, financing and administration, together with their reporting relationship to the enterprise zone coordinator. The organization chart shall also define the coordinator's reporting relationship to or in the applicant jurisdiction(s). The organization chart shall show people by name and/or job title, and not the agency or agency identified as a general area.
(5) Any other indicators of program management for the proposed enterprise zone.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Sections 7071 and 7073, Government Code.
s 8443.3. Additional Requirements for Final Applications.
Each final application shall contain the following information:
(a) Letters from the administrators of all cities, counties, agencies, organizations, financial institutions and businesses which have been identified as program participants in the preliminary and final applications. The letters shall include the specific commitments that the organization will make to the proposed enterprise zone, not general statements of support. The statements shall also identify staff, staff time, and/or funds committed to the proposed enterprise zone.
(b) A list containing the names and addresses of all businesses in the application area with twenty-five (25) or more employees.
(c) A list containing an inventory of all industrial and commercial buildings and sites for sale or lease in the application area.
(d) A list of the names and addresses of all commercial real estate brokers who will handle real estate transactions in the proposed enterprise zone.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Sections 7071 and 7073, Government Code.
s 8443.4. Number of Copies; Applicant Name; Principal Contact Person.
(a) Final applicants shall submit 6 copies, plus 1 signed and clearly identified original of the final application to the Agency.
(b) The final application shall contain:
(1) The name(s) and address(es) of the applicant(s); and
(2) The final applications shall include the name, address and phone number of the principal contact person.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8443.5. Final Application Deadline.
(a) Final applications shall be received by the Agency no later than 5:00 pm on the one hundred and twentieth (120th) day after the day the final applications were mailed. The mailing and deadline dates shall be specified in the Enterprise Zone Final Application Handbook.
(b) The Agency shall reject any final application received after the due date for the final applications. The Agency shall mail to the applicant within ten (10) days of receipt of the final application a statement that the applicant's final application was received after the due date and was thereby rejected by the Agency.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073 Government Code.
s 8443.6. Review Limited to Information in Final Application.
(a) The Agency shall review final applications solely upon the information received by the Agency on or before the due date for final applications.
(b) The Agency reserves the right to contact final applicants after the due date for final applications to obtain clarification of submitted information, but not to obtain additional information.
Note: Authority cited: Sections 7073 and 7076, Government Code; Section 21082, Public Resources Code. Reference: Sections 7071, 7073 and 7075, Government Code.
s 8443.7. Selection of Final Applicants for Conditional Designation.
(a) Except for a small cities enterprise zone, the Agency shall award conditional designation to no more than eight (8) highest scoring final applications during each designation process. If there is a tie and more than one final applicant achieves the eighth highest score, the Agency shall disqualify from further competition each final applicant tied for the eighth position. For a small cities enterprise zone designation, the Agency shall award conditional designation to no more than the two (2) highest scoring final applications. If there is a tie and more than one final applicant achieves the second highest score, the Agency shall disqualify from further competition each final applicant tied for the second position.
(b) Notwithstanding subsection (a) above, the Agency shall designate a maximum of 25 enterprise zones plus 2 small cities enterprise zones.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Sections 7073 and 7073.9, Government Code.
s 8443.8. Notification of Agency Decision.
The Agency shall notify all final applicants in writing within ninety (90) days from the date the final applications were due, stating which final applications have been awarded conditional designation status.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference Section 7073, Government.
s 8443.9. Small Cities Enterprise Zone Information.
Final applicants for small cities enterprise zone designation shall supplement the section 8443.2 Final Economic Development Plan with the following information as part of the final application:
(a) Job development: up to 175 points.
A Final Economic Development Plan including a detailed explanation of the plan to identify, train and place application area unemployed and underemployed persons into the jobs created through the marketing of the application area. The Final Economic Development Plan shall also include the following information:
(1) A list containing the names and addresses of all administrative agencies and/or contractors who will provide intake and/or job development services in the application area under the Job Training Partnership Act (JTPA) (29 USC Section 1501 et seq), Greater Avenues for Independence (GAIN) (Welfare and Institutions Code Section 11320 et seq), and Targeted Jobs Tax Credit (TJTC) ( 26 USC Section 51), and which will provide funds and staff for the implementation of the plan;
(2) A detailed explanation of the specific contributions that each agency and/or contractor shall make for the implementation of the Final Economic Development Plan;
(3) A detailed explanation of how the recipients of JTPA, GAIN, and TJTC services will be placed in enterprise zone jobs. The applicant shall include a detailed explanation of the coordination of marketing efforts with job development agencies and/or contractors;
(4) Data that shows the track record of job placements by each agency and/or contractor over the two (2) years preceding the date the preliminary applications were mailed by the Agency;
(5) A detailed organization chart showing all staff persons providing job development management and services for each agency and/or contractor identified in the Final Economic Development Plan as well as all job development coordination staff of the applicant; and
(6) Any other indicators of the applicant's job development plans for the application area.
(b) Local incentives: up to 125 points.
The Final Economic Development Plan shall include a detailed description of the local incentives provided by the applicant and a detailed explanation of how the proposed local incentives will stimulate business investment in the application area. The following information shall be included in the Final Economic Development Plan:
(1) An explanation of the plans to reduce fees for application area business, including development fees, license fees, and permit fees;
(2) An explanation of methods to be employed to reduce the administrative processing time required for plan review and permit applications for application area businesses;
(3) An explanation of the land use plan, together with maps of the application area that forecast local zoning plans for the next 5 to 10 years to ensure that the projected zoning plans are consistent with the plan; and
(4) Any other indicators of the applicant's plans for application area incentives.
(c) Financing programs: up to 100 points.
The Final Economic Development Plan shall contain a detailed description of the current and proposed financing programs that will be targeted to businesses within the application area. The description shall include the following information:
(1) A list containing the identity of all agencies, organizations and firms that will provide financial assistance to businesses within the application area;
(2) An explanation of the types of services each entity identified in subsection (a)(1) above offers and a detailed record of the companies that have received financial assistance during the three (3) year period prior to the date the preliminary application was mailed by the Agency;
(3) The identity of all financial institutions with facilities in or near the application area that have expressed an interest in making business loans to companies located in the application area, and a list of those financial institutions which are presently making loans guaranteed by the United States Small Business Administration;
(4) A detailed explanation of the loans available through programs offered by the applicant, together with data showing the result of these loan programs for the three year period immediately prior to the date the final applications were mailed by the Agency; and
(5) Any other indicators of the applicant's financing program.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Sections 7073 and 7073.9, Government Code.
s 8444. Technical Review of Applications.
(a) The Agency shall conduct a technical review of each application received on or before the due date specified in the Enterprise Zone Preliminary Application Handbook or in the Enterprise Zone Final Application Handbook. The Agency shall determine whether the application is complete.
(b) The Agency shall mail an "application notification letter" to the applicant within twenty-one days after the due date. The application notification letter shall inform the applicant whether the application is complete. The application notification letter shall contain a list specifying any information or documents missing from the application and shall inform the applicant that the missing information or documents must be submitted to the Agency within fourteen (14) days after the date the application notification letter was mailed.
(c) The Agency shall disqualify an applicant which fails to submit all items listed as missing in the application notification letter on or before 5:00 p.m. on the fourteenth (14th) day after the date the application notification letter was mailed.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8444.1. Preliminary Substantive Review of Applications.
(a) The Agency shall conduct a preliminary substantive review of each application received on or before the due date specified in the Enterprise Zone Preliminary Application Handbook or in the Enterprise Zone Final Application Handbook. The Agency shall determine whether there are any issues or questions in the application that require clarification prior to scoring the application.
(b) If there are issues or questions that need clarification prior to scoring the application, the Agency shall mail a "preliminary substantive review letter" to the applicant within twenty-eight days after the application due date. The preliminary substantive review letter shall specify the issues or questions that need clarification prior to scoring the application and shall inform the applicant that the applicant must provide the Agency with information which will clarify the issues or questions identified by the preliminary substantive review within fourteen (14) days after the date the preliminary substantive review letter was mailed.
(c) The Agency shall begin its evaluation and scoring of applications after 5:00 p.m. on the fourteenth (14th) day after the date the preliminary substantive review letter was mailed, regardless of whether or not information has been provided by the applicant and whether or not issues or questions concerning any application have been clarified.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8444.2. Scoring Applications.
After an evaluation, the Agency shall numerically grade each economic development plan criteria contained in the Preliminary Economic Development Plan, or the Final Economic Development Plan, based upon the following scoring method:
(a) Excellent: 90% to 100% of the maximum points available for the economic development plan criteria.
(b) Good: 80% to 89% of the maximum points available for the economic development plan criteria.
(c) Fair: 70% to 79% of the maximum points available for the economic development plan criteria.
(d) Satisfactory: 60% to 69% of the maximum points available for the economic development plan criteria.
(e) Poor: zero (0)% to 59% of the maximum points available for the economic development plan criteria.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8444.3. Qualifying Scores; List of Scores.
(a) The Agency shall disqualify from competition an application that receives a score that is less than sixty percent (60%) of either:
(1) The total number of points available for criteria specified in either the Preliminary Economic Development Plan or the Final Economic Development Plan; or
(2) The number of points available for any one (1) of the following economic development plan criteria:
(A) Marketing the zone;
(B) Available property and businesses; or
(C) Job development.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8445. Conditional Designation.
(a) The Agency shall mail a "conditional designation document" to the final applicants which have been awarded conditional designation status.
(b) The Agency shall specify in the conditional designation document the conditions which must be satisfied prior to final designation. The conditions shall consist of providing to the Agency all street address ranges for the application area plus all items included in the final applicant's Final Economic Development Plan which have not been completed as of the date the conditional designation document was mailed. The conditions must be met within one hundred and eighty (180) days of the date the Agency mails the conditional designation document, unless an extension or modification of the conditional designation document is granted pursuant to section 8445.2.
(c) Failure to satisfy all of the conditions within one hundred and eighty (180) days will result in automatic forfeiture of conditional designation status, unless the final applicant receives an extension of the conditional designation deadline pursuant to section 8445.2.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8445.1. Effective Date of Enterprise Zone Designation.
None of the benefits or responsibilities of designation as an enterprise zone shall become effective until final designation.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8445.2. Extension of Conditional Designation Deadline; Modification of Conditional Designation Document.
(a) A final applicant which is awarded conditional designation shall be permitted to submit a request to the Agency to either:
(1) extend the time within which the final applicant must satisfy the conditions stated in the section 8445 conditional designation document; or
(2) modify the conditions.
The request shall be received by the Agency prior to the expiration of the one hundred and eighty (180) day time period stated in the conditional designation document.
(b) The final applicant shall describe the actions taken by the final applicant to comply with the conditional designation document, and shall provide a detailed explanation of the reasons why the final applicant cannot satisfy all of the conditions precedent to final designation within one hundred and eighty (180) days.
(c) The Agency shall grant the request for an extension of time based upon a finding that the final applicant has substantially complied with the terms of the conditional designation document within the one hundred and eighty (180) day period, and that the final applicant requires an additional time period within which to comply with all of the terms of the conditional designation document or that the final applicant needs to modify the terms of the conditional designation document.
(d) Notwithstanding subsection (c) above, the Agency shall deny the request if a modification of the terms of the conditional designation document would result in the final applicant receiving a lower score on the section 8443.2 Final Economic Development Plan than attained when the final application was originally evaluated and scored.
(e) The Agency shall respond in writing to the request for a time extension within twenty-one (21) days after receipt of the request. If the Agency grants a time extension, the Agency's response shall specify the conditions which must be satisfied, together with the time deadline by which those conditions must be satisfied before the Agency will award final designation.
(f) Simultaneous to granting the request, the Agency shall amend the conditional designation document to include any amendments requested by the final applicant and approved by the Agency.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8445.3. Request for Final Designation.
(a) Final applicants awarded conditional designation shall request final designation by mailing to the Agency, within the time limit specified in the conditional designation document, evidence that the final applicant has complied with all of the conditions precedent to final designation.
(b) The Agency shall respond in writing to the above described request within thirty (30) days after receipt of the request.
(c) The Agency's response shall either grant final designation to the final applicant with conditional designation, or specify the deficiencies which must be corrected within the time period specified in the conditional designation document before the Agency will award final designation.
(d) Final designation becomes effective on the day the letter awarding final designation is mailed to a final applicant with conditional designation.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Sections 7071 and 7075, Government Code.
s 8446. Scope of Article.
For the purposes of this article:
(a) The regulations contained in this article shall apply to programs established pursuant to chapter 12.8 (commencing with section 7070, Government Code) and to programs established pursuant to Chapter 12.9 (commencing with section 7080, Government Code).
(b) "Expansion request" shall mean a written document that proposes to enlarge the geographic area previously designated as an enterprise zone or a program area.
(c) "Expansion area" shall mean the geographic area to be made part of the geographic area that comprises the existing enterprise zone or program area.
Note: Authority cited: Sections 7073, 7076 and 7085, Government Code. Reference: Sections 7073 and 7085, Government Code.
s 8446.1. Expansion Requests; Fifteen Percent Expansion.
The Agency shall approve an expansion request, provided the expansion area meets all of the following requirements:
(a) The expansion area for each city, county or city and county shall not exceed fifteen percent (15%) of the geographic area within its boundaries originally designated as an enterprise zone, or as a program area, but the expansion need not occur all at once.
(b) An expansion request shall be submitted to the Agency by each city, county, or city and county with jurisdiction over the enterprise zone and or the program area and jurisdiction over the expansion area. The expansion request shall be in writing and shall contain the following information.
(1) A resolution adopted by the governing body of each city, county, or city and county agreeing to expand the enterprise zone or the program area to include the expansion area;
(2) The expansion area acreage and zoning;
(3) The total acreage of the original enterprise zone or program area within the boundaries of each city, county or city and county;
(4) A description of the revised enterprise zone or program area boundaries, together with maps showing the enterprise zone or program area and the expansion area. The description and maps shall describe and show the geographic areas at the time the expansion request was filed with the Agency;
(5) Street address ranges and Agency supplied maps for the existing enterprise zone or program area must accurately reflect the current state of the geographic area at the time the expansion area request was filed with the Agency; and
(6) Documents that show that each area being proposed for the expansion of the existing enterprise zone or the program area is contiguous with the area of the existing enterprise zone or the program area.
Note: Authority cited: Sections 7073, 7076, and 7085, Government Code. Reference: Section 7073, 7076 and 7085, Government Code.
s 8446.2. Expansion Request Decision; Notice.
(a) The Agency shall notify the city, county, or city and county which submitted the expansion request of its decision to approve or deny expansion request within thirty (30) days of receipt of the expansion request.
(b) For expansion requests approved by the Agency, the expansion shall be effective as of the date the approval letter is mailed.
(c) For expansion requests denied by the Agency, the notice shall specify deficiencies identified in the expansion area request. A jurisdiction whose expansion area request was denied shall not be precluded from submitting another expansion request.
Note: Authority cited: Sections 7073, 7076, and 7085, Government Code. Reference:Section 7073, 7076 and 7085 Government Code.
s 8447. Finality of Agency Decisions; Meeting with Enterprise Zone Program Manager.
(a) Agency decisions shall be final and no appeal is available within the Agency. An applicant shall not petition the Agency for rehearing nor request a written explanation of any Agency decision.
(b) Applicants shall have the right to request a meeting with the Agency's Enterprise Zone Program Manager, at which time the Agency's Enterprise Zone Program Manager shall explain the reasons for any of the Agency's decisions pursuant to this chapter.
Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.
s 8448. Definitions.
The following definitions shall apply to the regulations contained in this article, in addition to the definitions contained in Government Code section 7072:
(a) "Act" means the Targeted Tax Area Act, Government Code section 7097.
(b) "Agency" means the Department of Housing and Community Development.
(c) "Applicant" means a city, a county, or a city(ies) and county that submits an Application to the Agency to have a geographical area in its Jurisdiction designated as a Targeted Tax Area. A county and any cities within the county may apply jointly as a single Applicant provided that a portion of the Application Area is located within each Applicant's jurisdiction.
(d) "Application" means the written application submitted to the Agency, by an Applicant. The Application shall contain the information described in sections 8448.4, 8448.5, 8448.6, 8448.7, and 8448.8.
(e) "Application Area" means the geographical area for which the Applicant is seeking Conditional Designation. The Application Area shall be wholly contained within the Eligible Area identified in the Application.
(f) "Community" means the geographical area within a county, a city, or a county and city(ies) within that county, where is all or part of the Eligible Area identified in the Application.
(g) "Conditional Designation" means designation by the Agency of an Applicant's Application Area as a Targeted Tax Area, subject to the Final Applicant's completion of the conditions necessary for Final Designation specified in the Conditional Designation Document described in section 8448.12.
(h) "Decennial Census" means the population survey of the United States conducted every ten years by the United States Department of Commerce, Bureau of the Census.
(i) "Designation Process" means all steps described in sections 8448.1 through 8448.15 which are required for Final Designation, including determination of eligibility, submission of an Application, Conditional Designation and Final Designation.
(j) "Distressed Area" means a geographical area that meets at least four of the following requirements:
(1) The average unemployment rate exceeded 7.5 percent in 1995;
(2) The average unemployment rate exceeded 7.5 percent in 1996;
(3) The median family income does not exceed $32,700, using the most currently available data at the time of Application deadline.
(4) The percentage of persons below the poverty level is at least 17.5 percent, using the most currently available data at the time of Application deadline;
(5) The geographical area ranks in the top quartile among California counties, in the percentage of population receiving Aid for Families with Dependent Children benefits, based on the Cash Grant Caseload Movement and Expenditures Report, July 1995 to June 1996 published by the California Department of Social Services.
(k) "Eligible Area" means a geographic area that meets the requirements of section 8448.2.
(l) "Targeted Tax Area" means an Application Area contained in an Application awarded Final Designation status by the Agency.
(m) "Final Applicant" means the Applicant which has been awarded Conditional Designation status by the Agency.
(n) "Final Designation" means that the Applicant with Conditional Designation status has completed, to the satisfaction of the Agency, all conditions of the Conditional Designation and that designation of the Applicant's Application area as a Targeted Tax Area is final and complete. The Agency shall provide notice of Final Designation to the Final Applicant.
(o) "Infrastructure" means the physical systems and services which support development and people, including, but not limited to, streets, and highways, transit services, airports, and water and sewer systems.
(p) "Jurisdiction" means the geographic area where the Applicant has authority to enforce ordinances and resolutions.
(q) "Median Family Income" means the median family income for that Jurisdiction using the most currently available data at the time of Application.
(r) "Percentage of Persons Below Poverty" means the percentage for that Jurisdiction using the most currently available data at the time of Application.
Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097, Government Code.
s 8448.1. Targeted Tax Designation Process.
(a) The Agency shall designate one Application Area as a Targeted Tax Area provided each of the following requirements is satisfied:
(1) A county and/or city(ies) located within the Application Area submits an Application to the Agency pursuant to section 8448.4.
(2) The Agency has awarded the Application Area both Conditional and Final Designation status, pursuant to sections 8448.12 and 8448.15.
(b) In designating the Targeted Tax Area, the Agency shall compare all of the Applications submitted, and award the Targeted Tax Area designation to the Applicant which proposes the most effective, innovative, and comprehensive programs and incentives to attract private sector investment.
Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a), (d), and (f), Government Code.
s 8448.2. Eligible Area.
(a) To be eligible for designators as a Targeted Tax Area, a geographic Area shall meet the following requirements:
(1) The geographic are shall be Distressed, pursuant to section 8448(j).
(2) The geographic area shall be wholly contained within the Applicant's Jurisdiction(s).
(3) The geographic area shall be included in the Application of only one Applicant.
Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (f), Government Code.
s 8448.3. Address of Agency.
The following is the Agency mailing address for any and all correspondence, Applications, petitions, documents, and other materials concerning Targeted Tax Areas:
enterprise zone program manager department of housing and community development p.o. box 942054 Sacramento, California 94252-2054
Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a), Government Code.
s 8448.4. Application Process.
(a) The Agency shall mail a letter describing the Application process and Application deadlines on the first day of the Application time period to each entity or person who has previously requested receipt of an Application.
(b) Each Applicant shall submit a letter to the Agency stating their intention to submit an Application, "Letter of Intent." The Letter of Intent shall be received by the Agency no later than 5 p.m., thirty (30) days following the mailing of the letter described in subsection (a). The Letter of Intent shall also contain documentation that the Applicant meets the eligibility requirements described in subsection 8448(c).
(c) Applicants shall submit to the Agency, one (1) clearly signed original and two (2) copies of the Application, plus one additional copy of the section 8448.6 Economic Development Plan, with each part of the Plan, as described in subsections 8448.6(a) through 8448.6(e), bound separately. Applications shall be received by the Agency no later than 5 p.m. on the due date described in the subsection (a) letter. The Agency shall reject any Application received after the due date described in the subsection (a) letter. The Application shall include the following items:
(1) The names(s) and address(es) of the Applicant(s).
(2) The name, address, phone number, and if available, e-mail address of the principal contact person for the Application.
(3) A description of the Application Area, pursuant to section 8448.5.
(4) An Economic Development Plan, pursuant to section 8448.6.
(5) An environmental impact report, pursuant to section 8448.7.
(6) A resolution, pursuant to section 8448.8.
(d) The Agency shall only review information received by the due date described in the subsection (a) letter, except as provided for in sections 8448.10 and 8448.14. However, the Agency shall be authorized to contact Applicants after the due date to obtain clarification of previously submitted information.
(e) No later than sixty (60) days following the due date described in the subsection (a) letter, the Agency shall mail a letter notifying each Applicant of the results of the Application evaluation. The notice shall include the score attained by the Applicant.
(f) No later than fourteen (14) days following the due date described in subsection (e), the Agency shall mail a Conditional Designation document to the Final Applicant specifying the conditions the Final Applicant shall satisfy prior to Final Designation.
Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (d), Government Code.
s 8448.5. Description of the Application Area.
(a) The Application shall include a description of the proposed Application Area which includes the following items:
(1) A map or other documentation identifying the exact geographic location of the Application Area.
(2) A map which indicates that the Application Area is wholly contained within an Eligible Area.
(3) A street map that identifies the streets, or jurisdictional limit lines that mark the boundaries of the Application Area.
(4) A copy of both the existing general zoning and land use maps for the Application Area and the area immediately surrounding the Application Area.
(5) A list containing the names and addresses of all eligible businesses in the Application Area with twenty-five (25) or more employees. Eligible businesses are those with the following Standard Industrial Classification codes (United States Office of Management and Budget, Standard Industrial Classification Manual, 1987) 2000-2099, 2200-3999, 4200-4299, 4500-4599, and 4700-5199.
(6) A list containing an inventory of all industrial buildings and sites for sale or lease in the Application Area.
Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (f), Government Code.
s 8448.6. Economic Development Plan.
Each Application shall include an Economic Development Plan. The Agency shall evaluate and numerically grade each Economic Development Plan on a competitive basis, based upon the categories and the corresponding point values set forth below and the scoring method described in section 8448.11. The Economic Development Plan shall include the items described in subsections (a) through (e) below:
(a) Marketing the Targeted Tax Area: up to 300 points.
The Economic Development Plan shall contain a detailed marketing plan for the Application Area. The marketing plan shall include the following information:
(1) An explanation of the specific marketing goals and the course(s) of action to be taken in order to attain the specified goals:
(2) A detailed description of the plans to:
(A) Keep existing businesses from leaving the Application Area; and
(B) A detailed description of the plan to help existing businesses to expand;
(3) A detailed description of the plans to attract new businesses into the Application Area. In the description, the Applicant shall identify the types of industries targeted for attraction.
(4) A detailed description of the role of the local economic development corporation, or similar organization;
(5) A detailed description of the sales plan for on-site visits to existing and/or new businesses;
(6) A detailed analysis of the advertising and promotional strategy, including a media analysis and samples of existing advertising and promotional materials;
(7) A detailed analysis of the staff, organization and budgets to be committed to the marketing plan by all organizations;
(8) Specific examples of successful efforts by the corporations or organizations identified in subsection (a)(4) above to attract and/or retain businesses;
(9) A list of all Application Area commercial real estate brokers who will handle real estate transactions within the Application Area; and
(10) Infrastructure: a detailed analysis and description of the availability and condition of the infrastructure within the industrial or commercial (as appropriate according to the type of businesses identified in subsection (a)(3) above) area. The analysis and description shall include the condition, capacity to deliver service, and available capacity of:
(A) Water supply;
(B) Storm drainage;
(C) Sewer and waste treatment plant;
(D) Natural gas and electric; and
(E) Streets and street lighting;
(F) Any other indicators of the capacity, condition and availability of the infrastructure within the Application Area.
(11) A description of all plans to expand or improve the infrastructure, including the projected costs, proposed financing and the time tables for completion.
(12) A list of all agencies, organizations and firms that will provide financial assistance to businesses within the Application Area.
(13) An explanation of the types of services each entity identified in subsection (a)(14) offers and a detailed record of the companies that have received financial assistance during the three (3) year period prior to the date the section 8448.4(a) letter was mailed by the Agency.
(14) A list of all financial institutions with facilities located in or near the Application Area that have expressed an interest in making business loans to companies located in the Application Area. A list of those financial institutions which are presently making loans guaranteed by the United States Small Business Administration.
(15) A detailed description of the loans available through programs currently offered by the Applicant, together with data showing the result of these loan programs for the three (3) year period immediately prior to the date the section 8448.4(a) letter was mailed by the Agency.
(16) A description of any other financial incentive programs currently in existence.
(b) Job development: up to 200 points.
The Economic Development Plan shall contain a detailed description of the Applicant's plan to identify, train, issue vouchers, and place unemployed and under-employed persons residing in the Application Area intothe jobs created through the marketing of the Application Area, "Job Development Plan". The Job Development Plan shall include the following items: (continued)