GUIDELINES AND PROCEDURES FOR INCLUSION AREAS
In 1967, The Regents adopted a Policy Concerning Inclusion Areas. In 1971, the first Guidelines and Procedures for Inclusion Areas were issued by the President. These Guidelines and Procedures replace those issued in 1971. They provide administrative guidance and supplemental procedures to facilitate the application of The Regents' policy and the planning and development of inclusion areas and are intended to provide a broad framework for evaluating and processing campus proposals for use of inclusion areas.
Inclusion areas are lands owned by the University and available to campuses for University-oriented uses which contribute to overall campus development, which are consistent with the mission of the University, and which cannot be accommodated on University property without some special arrangement.
The first inclusion area lands were purchased by The Regents from the Irvine Company to supplement the lands donated by the Company for the Irvine campus proper. The deed restrictions on the inclusion area lands differed from the deed restrictions on the campus land which had been previously conveyed as a gift, reflecting the different purposes to which the land would be put. Subsequently, inclusion area lands were designated by The Regents at Davis and Santa Cruz. In 1974, when The Regents purchased the Bannockburn housing and shopping complex adjacent to the Riverside campus, it was designated as an inclusion area, and an additional area was designated in 1975 when the joint use City of Riverside/UCR Athletic Complex was approved. In 1970, when The Regents leased a piece of land adjacent to the Berkeley campus to the student cooperative association for student housing, this land was designated as an inclusion area. In 1979, The Regents approved designation of a portion of the San Diego campus as an inclusion area for development as a conference center, and, in 1981, The Regents approved a second inclusion area at San Diego for development for housing and related uses.
Under The Regents' Policy University-oriented uses include but are not limited to the following:
The land value forming the basis for the rental can vary from zero to fair market depending on the purpose of the lease. The Regents' policy states that a use with significant educational or cultural value may justify lower land values. A recommendation concerning the rental or sales price, as justified by the educational or cultural benefits of the project, should be included in the request to The Regents for approval of a project.
While Regents' policy does not prohibit sale of inclusion area land, The Regents have traditionally preferred lease arrangements in order to provide greatest long range flexibility in the use of the land.
The Regents' Policy does not address the use of proceeds from development of inclusion areas, but the intent of these guidelines is that .the use of such proceeds will encourage campuses to develop inclusion areas. Proceeds from development should go first to repay the costs of the inclusion area which has been developed, including acquisition, planning, utilities, and operations. Recommendations for use of the remaining proceeds will be submitted to The Regents on a case-by-case basis.)
a. Campus Responsibility
Chancellors have responsibility for initiating the process of designation of inclusion areas on lands under their administration and for recommending removal of inclusion area designation where appropriate. Recommendations for designation may be for specific projects or may be for general inclusion area uses which will be specified in the future. Designation of an inclusion area requires approval by The Regents and is normally part of the process of revising or amending a campus Long Range Development Plan.
b. Systemwide Administration Responsibility
The President has responsibility for recommending the proposed designation to The Regents. Review of such recommendations is the responsibility of the Vice President of the University and, by delegation, the Assistant Vice President--Budget, Analysis, and Planning. All such reviews will be accomplished in consultation with the Office of the Treasurer and the Office of the General Counsel.
c. Treasurer Responsibility
Recommendations to The Regents for designation of inclusion areas shall be referred by Systemwide Administration to the Office of the Treasurer for his advice and review.
d. General Counsel Responsibility
Recommendations to The Regents for designation of inclusion areas shall be referred by Systemwide Administration to the Office of the General Counsel for review as to appropriateness from a legal standpoint. Normally this review will include consideration of any possible deed restrictions on the land and, if a use for the inclusion area is proposed in conjunction with its designation, consideration of the appropriateness of the use as an activity on University land.
a. Campus Responsibility
Basic responsibility for planning inclusion areas lies with the campuses. Planning should include both normal physical planning for the areas and fiscal planning for financing necessary improvements. Campuses should confer and consult with all appropriate public and private agencies in the development of plans.
b. Systemwide Administration Responsibility
Overall responsibility for review of campus planning matters rests with the Vice President of the University and, by delegation, the Assistant Vice President--Budget, Analysis, and Planning. Campuses should consult with the Office of the Assistant Vice President--Budget, Analysis, and Planning on matters relating to the University's Procedures for Compliance with the California Environmental Quality Act, the California Coastal Act, the University Capital Improvement Program, and the campus Long Range Development Plan. Campuses must consult with the Office of the Vice President--Business and Financial Management in regard to financing University-related facilities such as student, staff, and faculty housing.
c. Treasurer's Responsibility
Under the By-Laws of The Regents, the Treasurer has overall authority for the administration of inclusion areas and for negotiation of all transactions concerning them. Therefore, campuses must consult with the Treasurer about any aspects of planning which would lead directly to such negotiations.
d. General Counsel Responsibility
Campuses should seek the advice of the Office of the General Counsel in planning matters relating to compliance with environmental laws and compliance with or independence from local ordinances.
e. Funding for Inclusion Area Planning
Campuses may request advances for inclusion area planning from the Assistant Vice President-- Budget, Analysis, and Planning. Such advances must be repaid with proceeds from subsequent inclusion area development. State funds are not available for inclusion area planning.
f. Environmental Factors
Planning and development of inclusion areas must be done in accordance with applicable environmental laws. If the University itself plans, finances, and constructs improvements on the inclusion area, The Regents are to be regarded as the lead agency for purposes of compliance with the California Environmental Quality Act and the California Coastal Act. If the University leases the inclusion area land to an outside developer or institution, it may be preferable to place responsibility for compliance with environmental laws with the lessee.
g. Community Factors
Because the inclusion areas are intended for uses that normally would not be accommodated on regular campus lands and traditionally have often been located in adjacent communities and because the uses may have substantial impact on the adjacent community in terms of employment, taxes, and service demands, it is essential that planning for them be carried on in concert with planning of adjacent jurisdictions. While the University is legally empowered to ignore local zoning and building codes, a campus may choose to recommend that local codes be followed. If the University leases the inclusion area land to an outside developer or institution, it may be preferable to place responsibility for compliance with local codes directly with the lessee.
a. Treasurer's Responsibility
Under the By-Laws of The Regents, the Treasurer has overall authority for administration of inclusion areas and negotiation of all transactions concerning them. Campuses must work directly with the Office of the Treasurer. It is expected that the Treasurer will coordinate with Systemwide Administration regarding these transactions.
b. Systemwide Administration Responsibility
The President is responsible for submitting recommendations for leases or other similar transactions to The Regents. Responsibility for review of such recommendations rests with the Vice President of the University and, by delegation, the Assistant Vice President--Budget, Analysis, and Planning. All such recommendations will be coordinated with the Treasurer and the General Counsel by Systemwide Administration.
c. General Counsel Responsibility
The General Counsel is responsible for review of all legal documents prepared for execution on behalf of The Regents. Campuses and the Treasurer will coordinate efforts to insure that this review is done and that preliminary review occurs at appropriate times during preparation of the documents.