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Ch. 545 STATUTES OF 1989 ment Law as necessary for the effective, redevelopment of the area, including a specific exemption concerning inclusion of low- and moderate -income housing within a redevelop- ment area. Existing law, under specified conditions, requires redevelopment agencies to expend certain moneys derived from tax increment allocations for purposes of providing low- and moderate -income housing within a project area This bill would permit the joint powers authority formed under its provisions to borrow these tax increment moneys for other redevelopment purposes, notwithstanding contrary restrictions for existing law, if certain conditions are met The bill also would authorize the joint powers authority -to perform the functions of a local legislative body and planning commission, except with regard to land use, planning and development decisions, in carrying out the redevelopment of the project area The bill would make legislative findings and declarations concerning the unique circumstances necessitating its enactment. 7U people of the Stag of California do enact as follows: SECTION 1. Section 33320.5 is added to the Health and Safety Code, ' to read: 33320.5. (a) Notwithstanding Section 33320.1, the requirement that privately owned land within a project area be "predominantly urbanized," as that term is defined in subdivision (b) of Section 33320.1, shall not apply to privately owned land within a project area, if the privately owned land is adjacent or in proximity to a military facility or installation which is proposed to be closed pursuant to Public Law 100.526 and the inclusion of the privately owned land is found by an entity formed pursuant to subdivision (b) to be necessary for the effective redevelopment of the military facility or installation and the adjacent area (b) The legislative bodies for communities having territory within, adjacent to or in proximity to a military facility or installation described in subdivision (a) may create a separate joint powers agency pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Governmeut Code, which shall have and exclusively exercise powers of an agency in furtherance of the redevelopment of a project area approved by the joint powers agency. In addition to the powers of an agency, the joint powers agency so formed shall also act as the legislative body and planning commission for all approvals and actions required by this part of legislative bodies and planning commissions for the adoption and implementation of a redevelopment plan. However, all land use, planning, and development decisions with regard to the land within the project area shall continue to be under the control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable. (c) The territory included within the project and project area may be contiguous or noncontiguous, and any project area may be located in whole or in part within one or more of the communities impacted by the closure of the military facility or installation, and the ... land to be included within the project area within the community or communities in proximity to the military facility or installation shall be found necessary for the effective redevelopment of the military facility or installation and the adjacent area A project i area shall not include territory outside the jurisdiction of the communities that are parties to the joint powers agency without the consent of the legislative body having jurisdiction over the territory proposed to be included within the project area. (d) A redevelopment plan for the project area shall contain all of the provisions required by this part However, if the agency finds, based on substantial evidence on the record, that compliance with the requirements of Sections 33333.2 and 33334.1 would make it impracticable to achieve the policies of this section-, the agency may eliminate or modify the requirements of Sections 33333.2 and 33334.1. (e) The redevelopment plan shall provide for either of the following: (1) A Low- and Moderate -Income Housing Fund, as required by Section 33334.2 (2) A deferral for depositing all or part of the 20 percent of taxes allocated to the ` agency pursuant to Section 33670 in the Low- and Moderate -Income Housing Fund if tb*." 1660 Ad tUm or dwoW hwkxW by w,&dl"Ott ns by asUdsks • • •