CCLME.ORG - DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT

(continued) the jobs created through the marketing of the Application Area, "Job Development Plan". The Job Development Plan shall include the following items:
(1) A detailed description of the process for issuing hiring tax credit vouchers and placing employees in Targeted Tax Area jobs, including a discussion of the role of the one-stop hiring center in this process.
(2) A description of the Applicant's plan to implement the goals and objectives of CalWORKs (Chapter 2, commencing with section 11200, of Part 3 of Division 9 of the Welfare and Institutions Code).
(3) A detailed explanation of the specific resources that each agency and/or contractor shall contribute to the implementation of the Economic Development Plan.
(4) A detailed explanation of the coordination of marketing efforts with job development agencies and/or contractors.
(5) Data that shows the track record of job placements by each agency and/or contractor over the two (2) years preceding the date the Applications were mailed by the Agency.
(6) A detailed organization chart showing all staff persons providing job development management and services for each agency and/or contractor identified in the Economic Development Plan. The organization chart shall include the Applicant's job development coordination staff.
(7) Any other plans the Applicant will implement to develop jobs in the Application Area.
(c) Local Incentives; up to 300 points.
The Economic Development Plan shall include a detailed description of the local incentives to be 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 Economic Development Plan:
(1) A description of any plans to reduce fees for businesses located in the Application Area, including development fees, license fees, and permit fees.

(2) A description of any plans to reduce the administrative processing time required for plan review and permit applications for businesses located in the Application Area.
(3) A description of any other incentives that will be offered through other entities such as Private Industry Councils or energy suppliers.
(4) A description 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 Economic Development Plan.
(5) A description of any other incentives the Applicant will offer to businesses located in the Application Area.
(d) Program Management: up to 200 points.
The Economic Development Plan shall contain a detailed description of the annual budget(s), staff and organization for administration of the Application Area. The description shall include:

(1) The Applicant's proposed annual line item budget and the source of funding that the Applicant will commit for the administration of the Application Area.
(2) The annual budgets for each agency; or organization, other than the Applicant, which has been identified in subsection (e) as providing marketing, job development, and other aspects of implementing the Targeted Tax Area.
(3) The name(s) of the person(s) who will act as the Targeted Tax Area coordinator(s) and administer the Targeted Tax Area.
(4) An organization chart that shows all persons and organizations involved in all aspects of the Application Area, including marketing, job development, financing and administration, together with their reporting relationship to the Targeted Tax Area coordinator. The organization chart shall also define the coordinator's reporting relationship to or in the Applicant Jurisdiction(s). The organization chart shall identify persons involved in administering all aspects of the Application Area by name and/or job title, and not by the agency with whom they are affiliated.
(5) A detailed description of plans to ensure ongoing collaboration between the entities in multi-jurisdictional zones.

(6) Any other program management strategies for the proposed Targeted Tax Area.
(e) Letters from the administrators of all cities, counties, agencies, organizations, financial institutions and businesses which have been identified as program participants in subsections (a) through (d). The letters shall include the specific commitments that the organization will make to the Application Area, not general statements of support. The statements shall also identify staff, staff time, and/or funds committed to the Application Area.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (d), Government Code.

s 8448.7. Environmental Impact Report.
(a) Upon filing an Application, each City and/or County constituting the Applicant, shall submit an initial study and, if appropriate, the notice of preparation to the Agency, the state clearinghouse, and all responsible agencies involved in the proposed Targeted Tax Area. The initial study and notice of preparation shall address the designation and implementation of the Targeted Tax Area.
(b) The Final Applicant shall prepare, or cause to be prepared, a negative declaration or draft environmental impact report, which shall set forth potential environmental impacts on the Application Area.
(c) Prior to Final Designation by the Agency, the Final Applicant shall complete and certify the negative declaration or final environmental impact report.
(d) All negative declarations or environmental impact reports submitted to the Agency shall comply with the information disclosure provisions and the substantive requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a), (d) and (f), Government Code.

s 8448.8. Resolution Required.
(a) Each Application shall include a certified original resolution adopted by each city or county having jurisdiction over any portion of an Application Area. An Application without a resolution(s) shall be rejected and no further review of the Application shall be conducted, except as provided for in sections 8448.10 and 8448.14. For each city or county that is an Applicant, the resolution(s) shall contain the following information:
(1) A finding that the Application Area is a Depressed Area, and that designation of the Application Area as a Targeted Tax Area is necessary in order to attract private sector investment to the Application Area; and
(2) A statement that the city(ies) and/or county agrees to perform all actions described within the Application which apply to its Jurisdiction should the Application be awarded Conditional Designation.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (f), Government Code.

s 8448.9. Invalid Application Areas; Addendum to Application.
(a) The Agency shall send a notice by certified mail to each Applicant whose 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 is included in the Application of more than one Applicant or is not wholly contained within the boundaries of an Eligible Area.
(b) The Agency shall permit an Applicant whose Application contains an invalid area an opportunity to submit an addendum to the Application ( "addendum"). The addendum shall indicate whether or not the boundaries of the originally proposed Application Area have been changed.
(c) The addendum shall be signed by a majority of the members of each governing body with Jurisdiction in the Application Area.
(d) The Applicant shall submit the original of the addendum, together with three (3) copies thereof, to the Agency no later than 5 p.m., fourteen (14) days after the subsection (a) notice is mailed by the Agency. The Agency shall reject, without review, any addendum submitted after the due date.
(e) If, after the Agency's review of the addendum received on or before the due date described in subsection (d), the Application Area continues to contain an invalid area, the Agency shall disqualify the Application and no further review of the Application shall be conducted.
(f) If, after the Agency's review of the addendum, the Application Area identified in the Application no longer contains an invalid area, the Application, with the amended boundaries, shall be qualified to undergo further review by the Agency.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (f), Government Code.

s 8448.10. Technical Review of Applications.
(a) The Agency shall conduct a technical review of each Application received on or before the due date described in section 8448.4(b).
(b) The Agency shall mail an 'application notification letter' to inform the Applicant of the results of the technical review. The application notification letter shall indicate whether the following items are missing from the Application:

(1) A description of the Application Area, pursuant to section 8448.5,
(2) An environmental impact report, pursuant to section 8448.7,
(3) A resolution, pursuant to section 8448.8.
(c) Any missing information or documents listed in the application notification letter shall be submitted to the Agency no later than seven (7) days following the date the application notification letter was mailed. The Agency shall disqualify any Applicant which fails to submit all items listed as missing in the application notification letter by 5:00 p.m. on this date.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (f), Government Code.

s 8448.11. Economic Development Plan Evaluation.
(a) The Agency shall evaluate and assign a numerical score to each Economic Development Plan criteria described in subsections 8448.6(a) through (d), or to the Economic Development Plan as a whole. The following scoring method shall be used:
(1) Excellent: 90% to 100% of the maximum points available for the Economic Development Plan criteria.

(2) Good: 80% to 89% of the maximum points available for the Economic Development Plan criteria.
(3) Fair: 70% to 79% of the maximum points available for the Economic Development Plan criteria.
(4) Satisfactory: 60% to 69% of the maximum points available for the Economic Development Plan criteria.
(5) Fail: zero (0)% to 59% of the maximum points available for the Economic Development Plan criteria.
(b) The Agency shall disqualify from competition an Application that receives a score that is less than sixty percent (60%) of the number of points available for any of the Economic Development Plan criteria described in subsections (b)(1) through (b)(4). The Agency shall award the Conditional Designation to the Final Applicant receiving the highest score.
(1) Marketing the Targeted Tax Area, pursuant to subsection 8448.6(a).
(2) Job development, pursuant to subsection 8448.6(b).

(3) Local incentives, pursuant to subsection 8448.6(c).
(4) Program management, pursuant to subsection 8448.6(d).

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a) and (d), Government Code.

s 8448.12. Conditional Designation.
(a) The Agency shall mail a "Conditional Designation document" to the Final Applicant.
(b) The Conditional Designation document shall specify any conditions which must be satisfied prior to Final Designation. The conditions shall include providing the Agency with all street address ranges for the Application Area, plus fulfilling all commitments made in the Final Applicant's Economic Development Plan which were contingent upon receiving conditional designation and have not been completed as of the date the Conditional Designation document was mailed. The conditions must be met no later than sixty (60) days following the date the Agency mails the Conditional Designation document.
(c) Failure to satisfy all conditions by the date specified in subsection (b) will result in automatic forfeiture of Conditional Designation status, unless the Applicant receives an extension to the Conditional Designation deadline pursuant to section 8448.14.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a), Government Code.

s 8448.13. Effective Date of Targeted Tax Area Designation.
None of the benefits or responsibilities of designation as a Targeted Tax Area shall become effective until the date of Final Designation described in subsection 8448.15(d).

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a), Government Code.

s 8448.14. Extension of Conditional Designation Deadline; Modification of Conditional Designation Document.
(a) An Applicant which is awarded Conditional Designation shall be permitted to submit a request to the Agency to either:
(1) Extend the deadline by which the Final Applicant must satisfy the conditions stated in the section 8448.12 Conditional Designation document; or
(2) Modify the conditions.
(b) The request for extension or modification shall be received by the Agency prior to the expiration of the deadline described in subsection 8448.12(b).
(c) The Final Applicant shall submit a letter to the Agency describing the actions taken by the Final Applicant to comply with the Conditional Designation document. The letter shall also include a detailed explanation of the reasons why the Final Applicant cannot satisfy all of the conditions by the deadline described in subsection 8448.12(b).
(d) The Agency shall grant the request for an extension of the deadline described in subsection 8448.12(b) upon a finding that the Final Applicant has substantially complied with the terms of the Conditional Designation document, and that the Final Applicant requires an additional time period to comply with the remaining terms of the Conditional Designation document or that the Final Applicant needs to modify the terms of the Conditional Designation document.
(e) Notwithstanding subsection (d) 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 Economic Development Plan criteria described in subsections 8448.6(a) through (d) than attained when the Application was originally evaluated and scored.
(f) The Agency shall respond in writing to the request for a time extension no later than thirty (30) days following receipt of the request. If the Agency grants a time extension, the Agency's response shall specify the conditions which must be satisfied and the time deadline by which those conditions must be satisfied.
(g) 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: Section 7097(a), Government Code. Reference: Section 7097(a), Government Code.

s 8448.15. Request for Final Designation.
(a) The Final Applicant shall request Final Designation by mailing to the Agency, within the time limit specified in the section 8448.12 Conditional Designation document, evidence that the Applicant has complied with all of the conditions necessary for Final Designation.
(b) The Agency shall respond in writing to the above described request no later than thirty (30) days following receipt of the request.
(c) In the response described in subsection (b) above, the Agency's shall either grant Final Designation to the Final Applicant, or specify the deficiencies which must be corrected within the time period specified in the section 8448.12 Conditional Designation document before the Agency will award Final Designation.
(d) Final Designation becomes effective on the first day of the month following the day the letter awarding Final Designation is provided to the Final Applicant.

Note: Authority cited: Section 7097(a), Government Code. Reference: Section 7097(a), Government Code.

s 8449. Environmental Review Definitions.
The definitions set forth at division 13, chapter 2.5, section 21060 et seq. of the Public Resources Code and division 6, chapter 3, article 20, section 15350 et seq. of Title 14 of the California Code of Regulations shall apply to Government Code section 7075 and this article, unless otherwise indicated by the context. The definition of "applicant" contained in section 15351 of the CEQA guidelines shall not apply to Government Code section 7075 or this article. The following supplemental definitions shall also apply to Government Code section 7075 and this article.
(a) "CEQA" means the California Environmental Quality Act, division 13, section 21000 et seq. of the Public resources Code.
(b) "CEQA guidelines" mean the regulations in division 6, chapter 3, section 15000 et seq. of Title 14 of the California Code of Regulations.
(c) "EIR" means an environmental impact report prepared pursuant to CEQA and the CEQA guidelines.
(d) "Enterprise zone EIR" means an EIR prepared by a city, county, or city and county pursuant to Government Code section 7075 and this article.

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

s 8449.1. Applicability of CEQA.
Except as otherwise provided by Government Code section 7075 and this article, the provisions of CEQA and the CEQA guidelines shall apply to the environmental documents prepared in connection with the enterprise zone application process.

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

s 8449.2. Lead Agency.
(a) If a preliminary application is submitted by a single applicant, than the lead agency for purposes of Government Code section 7075 and this article shall be the applicant.
(b) If a preliminary application is a joint application submitted jointly by more than one city, county, or city and county, then the lead agency for purposes of Government Code section 7075 and this article shall be determined in accordance with article 4 of the CEQA guidelines.

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

s 8449.3. Initial Study and Notice of Preparation.
Each preliminary applicant shall submit two copies of the initial study and notice of preparation to the Agency with the preliminary application. A preliminary application shall not be eligible for final application status if the designated number of copies of the initial study and notice of preparation are not received by the Agency by the deadline for submitting preliminary applications set forth in the Enterprise Zone Preliminary Application Handbook.

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

s 8449.4. Means of Avoiding Redundancy in Preparing EIR.
(a) In preparing the enterprise zone EIR, the applicant shall not be precluded from using where applicable:
(1) an earlier EIR or EIRs prepared in connection with an earlier project or projects in accordance with and subject to section 15153 of the CEQA guidelines;
(2) tiering in accordance with and subject to section 15152 of the CEQA guidelines;
(3) incorporation by reference in accordance with and subject to section 15150 of the CEQA guidelines; or
(4) a subsequent EIR, supplement to an EIR, or an addendum to an EIR in accordance with and subject to sections 15162, 15163, and 15164 of the CEQA guidelines.
(b) If an applicant is to use an EIR or EIRs from an earlier project or projects, then all of the following shall apply:
(1) the notice of preparation shall explain that the applicant intends to use an EIR or EIRs from an earlier project or projects for the enterprise zone application;
(2) the notice of preparation shall not be required to be distributed, circulated, or sent to any persons, except the Agency;
(3) instead of preparing, circulating, and submitting two copies of a notice of completion of draft EIR, the applicant shall prepare, circulate, and submit two copies of a notice pursuant to section 15153(b)(2) of the CEQA guidelines;
(4) instead of preparing and submitting two copies of a draft enterprise zone EIR, the applicant shall submit two copies of the EIR or EIRs relied on from an earlier project or projects; and
(5) instead of preparing and submitting two copies of a final enterprise zone EIR, the applicant shall prepare and submit two copies of the responses to comments prepared in accordance with section 15153(b)(3) of the CEQA guidelines.
(c) If an applicant is to use a subsequent EIR, supplement to an EIR,or an addendum to an EIR, then the subsequent EIR, supplement, or addendum shall serve as the enterprise zone EIR.
(d) If an applicant is to use tiering or incorporation by reference, they shall be used in conjunction with a newly prepared enterprise zone EIR.

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

s 8449.5. Draft Enterprise Zone EIR.
(a) If a preliminary applicant is not selected as a final applicant, then it shall have no duty or obligation to complete the draft or final enterprise zone EIR or to complete the EIR process.
(b) Each final applicant shall submit two copies of the draft enterprise zone EIR and notice of completion to the Agency with the final application. This regulation states that a final application shall not be eligible for conditional designation if the designated number of copies of the draft enterprise zone EIR and notice of completion are not received by the Agency by the deadline for submitting final applications set forth in the Enterprise Zone Final Application Handbook.
(c) If any boundary of the proposed enterprise zone is located within 10 miles of the boundary of an area that has been designated as an enterprise zone under the Act or a program area under the Employment and Economic Incentive Act (Government Code section 7080 et seq.), then the enterprise zone EIR shall consider and analyze whether the location of a new enterprise zone near an existing enterprise zone or program area will result in adverse environmental effects on the existing enterprise zone or program area. This discussion shall include a consideration and analysis of whether the potential economic changes related to the new enterprise zone may translate into physical environmental changes in the existing enterprise zone or program area, as discussed by the California courts of appeal inCitizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433, 445-446, andCitizens Association for Sensible Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151, 169-171.

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

s 8449.6. Final Enterprise Zone EIR.
(a) If a final applicant is not awarded conditional designation status, then it shall have no duty or obligation to complete the final enterprise zone EIR or to complete the EIR process.
(b) If a final applicant is awarded conditional designation status, then, within 90 days after the date the Agency mails the conditional designation document referred to in section 5614, each final applicant shall do all of the following:

(1) Complete the final enterprise zone EIR and the final EIR review and project approval process under CEQA and the CEQA guidelines; and
(2) Submit two copies of the following documents to the Agency:
(A) Final enterprise zone EIR (if the draft enterprise zone EIR is a separate and severable part of the final EIR, then the applicant does not need to resubmit any more copies of the draft EIR);
(B) Written certification pursuant to section 15090 of the CEQA guidelines;
(C) Written findings, if any, pursuant to sections 15091 and 15093 of the CEQA guidelines;
(D) Written project approval pursuant to section 15092 of the CEQA guidelines, including conditions of approval, if any; and
(E) Notice of determination pursuant to section 15094 of the CEQA guidelines.
(c) If a final applicant fails to submit all of the documents listed under subsection (b)(2) within the time specified in this section, then the final applicant shall be disqualified from receiving final designation.
(d) The items listed under subsections (b)(2)(B), (C), and (D) may be one or more separate documents. Two copies of each of the documents listed under subsection (B)(2) shall be mailed or delivered to the Agency, and shall be received by the Agency within 90 days after the date the Agency mails the conditional designation document referred to in section 5614.

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

s 8449.7. Review of Final Enterprise Zone EIR by the Agency.
Upon timely receipt of the documents listed in section 5630(b)(2), and prior to granting final designation, the Agency, as a responsible agency, shall review and consider the information in the final enterprise zone EIR and decide whether or how to approve the project in accordance with a responsible agency's duties and responsibilities under CEQA and the CEQA guidelines.

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