Health and Safety Code — Part 60 | HSC — United States — California law | Esheria

Health and Safety Code

Part 60 of 87 · provisions 11,801–12,000

This section says the act is to be known as the Health and Safety Code.

Jurisdiction
United States — California
Instrument
Code
Citation
HSC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
911 call processing AED access AED compliance AED maintenance AI in healthcare review AIDS AIDS clinical trials AIDS disclosure AIDS prevention AIDS program administration AIDS research AIDS services AIDS treatment subsidy API access APIs Alzheimer’s care Alzheimer’s disease programs American Indian mortality CAQH CBD CEQA compliance COBRA COVID-19 COVID-19 public health orders +15,819 more

Statute overview

About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

Read the provisions Ask with citations

Legal text

Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 33203.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A qualifying legislative body may decide by resolution to stop acting as the agency; if it does, the mayor or board chairman must appoint five or seven resident electors as agency members.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33203. A legislative body which has declared itself to be the agency pursuant to Section 33200 may at any time by resolution determine that it shall no longer function as an agency, in which event, the mayor or chairman of the board of supervisors with the approval of the legislative body shall appoint five or seven resident electors of the community as members of the agency, and, upon such appointment, the community redevelopment commission, if any, shall no longer function. (Added by Stats. 1965, Ch. 1497.)
  2. 33204.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A chartered city may enact its own procedural ordinance and exercise the powers granted by this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33204. A chartered city may enact its own procedural ordinance and exercise the powers granted by this part. (Added by renumbering Section 33201 by Stats. 1965, Ch. 1497.)
  3. 33205.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may delegate redevelopment-related powers or functions to a community, and the community may carry them out for the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33205. An agency is authorized to delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which such community is authorized to act, and such community is hereby authorized to carry out or perform such powers or functions for the agency. (Added by renumbering Section 33202 by Stats. 1965, Ch. 1497.)
  4. 33206.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A legislative body may contract for necessary redevelopment-related staff services, and in that case it gains the same rights, powers, duties, privileges, and immunities as an agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Legislative Body as the Agency [33200 - 33206] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33206. Notwithstanding any other provision of law, a legislative body, at the time of the adoption of an ordinance pursuant to Section 33101 or 33140, and pursuant to a resolution authorizing such an action, may contract with the Department of Housing and Community Development, or any other agency or housing authority, for the furnishing by the department, agency, or housing authority of any necessary staff services associated with or required by redevelopment and which could be performed by the staff of an agency. In such a case the legislative body shall be vested with all of the rights, powers, duties, and privileges and immunities vested by this part in an agency. (Added by Stats. 1970, Ch. 1238.)
  5. 33210.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Two or more agencies in different communities may jointly exercise redevelopment powers, and related agencies or legislative bodies may hold joint hearings and meetings or designate one community’s agency to act for all interested communities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33210. Two or more agencies within two or more communities may jointly exercise the powers granted under this part. In such case the agencies, the planning commissions, and the legislative bodies may hold joint hearings and meetings, or the legislative bodies of the communities acting separately may each designate the agency of one of the communities to act as the agency for all of the interested communities. (Added by Stats. 1963, Ch. 1812.)
  6. 33210.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines the joint redevelopment plan and joint project area, lets the City of San Leandro and County of Alameda allocate or continue redevelopment powers by ordinance, and bars action until a corrected report is filed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33210.5. (a) As used in this section, the following terms have the following meanings: (1) “Joint Redevelopment Plan” means the Redevelopment Plan for the Alameda County-City of San Leandro Redevelopment Project, adopted pursuant to this part by the City of San Leandro by ordinance dated July 12, 1993, as amended. (2) “Joint Project Area” means the redevelopment project area established by the Joint Redevelopment Plan, which includes territory within both the City of San Leandro and the unincorporated territory of the County of Alameda. (b) The Legislature finds and declares all of the following: (1) Pursuant to Section 33213, the Board of Supervisors of the County of Alameda has authorized the redevelopment of the portion of the Joint Project Area within its territorial limits by the San Leandro Redevelopment Agency pursuant to the Joint Redevelopment Plan. (2) Since adoption of the Joint Redevelopment Plan, the San Leandro Redevelopment Agency has exercised powers granted in this part in the entire Joint Project Area. (c) By ordinance, the legislative bodies of the City of San Leandro and the County of Alameda may designate the Alameda County Redevelopment Agency to exercise exclusively any of the powers granted under this part, including, but not limited to, the power of eminent domain, within that portion of the Joint Project Area within the unincorporated territory of the County of Alameda. (d) Notwithstanding subdivision (c), by ordinance, the legislative bodies of the City of San Leandro and the County of Alameda may further declare that insofar as it is necessary or convenient for the San Leandro Redevelopment Agency to continue to exercise certain specified powers granted under this part within or for the portion of the Joint Project Area within the unincorporated territory of the County of Alameda, including, but not limited to, those relating to the receipt of tax increment revenue, the San Leandro Redevelopment Agency shall continue to exercise those powers. (e) For the purposes of this part, the legislative body of the community with respect to actions taken by the San Leandro Redevelopment Agency pursuant to the Joint Redevelopment Plan shall mean the City Council of the City of San Leandro, and the legislative body of the community with respect to actions taken by the Alameda County Redevelopment Agency pursuant to the Joint Redevelopment Plan shall mean the Board of Supervisors of the County of Alameda. (f) No action taken in accordance with and in furtherance of this section shall affect the calculation of tax increment revenue to be allocated pursuant to Section 33670 or Section 33676 in effect at the time of the adoption of the Joint Redevelopment Plan or the validity of any agreement entered into by the San Leandro Redevelopment Agency with an affected taxing entity pursuant to Section 33401 in effect at the time of execution of that agreement. (g) The legislative body of the County of Alameda may amend, by ordinance, the Joint Redevelopment Plan without any further action of the legislative body, redevelopment agency, or planning commission of the City of San Leandro. Any amendment adopted pursuant to this subdivision shall affect only property within that portion of the Joint Project Area within the unincorporated territory of Alameda County and shall otherwise be processed in accordance with the applicable procedures and requirements of this part for such an amendment. (h) The legislative body of the City of San Leandro may amend, by ordinance, the Joint Redevelopment Plan without any further action of the legislative body, redevelopment agency, or planning commission of the County of Alameda. Any amendment adopted pursuant to this subdivision shall affect only property within that portion of the Joint Project Area within the City of San Leandro and shall otherwise be prepared and processed in accordance with the applicable procedures and requirements of this part for such an amendment. (i) The legislative body of the City of San Leandro and the legislative body of the County of Alameda shall not take any action pursuant to this section until the San Leandro Redevelopment Agency files with the Controller a corrected report required by Section 33080.1 for the 1999–2000 fiscal year. (Added by Stats. 2001, Ch. 124, Sec. 1. Effective July 30, 2001.)
  7. 33211.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If one agency is designated, it must get each community’s planning commission report and recommendation on the redevelopment plan and its conformity to the general plan before presenting the plan for adoption.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33211. If one agency is designated, it shall obtain the report and recommendation of the planning commission of each community on the redevelopment plan and its conformity to the general plan of each community before presenting the redevelopment plan to the respective legislative bodies for adoption. (Amended by Stats. 1973, Ch. 588.)
  8. 33212.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The designated agency and each planning commission must cooperate when formulating redevelopment plans.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33212. The designated agency and each planning commission shall co-operate in formulating redevelopment plans. (Added by Stats. 1963, Ch. 1812.)
  9. 33213.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A community’s legislative body may let another community redevelop a contiguous area, but the ordinance must name the community, and the redevelopment plan must be approved by ordinance of the authorizing community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33213. By ordinance the legislative body of a community may authorize the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community. The ordinance shall designate the community to undertake such redevelopment. The community so authorized may undertake the redevelopment of such area in all respects as if the area was within its territorial limits and its legislative body, agency, and planning commission shall have all the rights, powers, and privileges with respect to such area as if it was within the territorial limits of the community so authorized. Neither the legislative body, agency nor planning commission of the community so authorizing shall be required to comply with any requirements of this part except as set forth in this section. Any redevelopment plan for such area shall be approved by ordinance enacted by the legislative body of the community so authorizing. (Added by Stats. 1963, Ch. 1812.)
  10. 33214.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section keeps an agency’s territorial jurisdiction over certain project-area land even if that land is later annexed to a city or a new city, unless jurisdiction is transferred under specified sections.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33214. (a) Notwithstanding Section 33120, the territorial jurisdiction of an agency in the county shall include all of the unincorporated territory that was included in a project area selected pursuant to Section 33322 or 34004 even if that territory is subsequently annexed to a city or included within the boundaries of a new city, unless territorial jurisdiction over the project area is transferred from a county to a city pursuant to Section 33215 , 33216, or 33217. (b) Notwithstanding Section 33120, the territorial jurisdiction of an agency in a city shall include all of the territory within the limits of the city that was included in a project area selected pursuant to Section 33322 or 34004 even if that territory is subsequently annexed to another city or included within the boundaries of a new city, unless territorial jurisdiction over the project area is transferred to the other city pursuant to Section 33215, 33216, or 33217. (Amended by Stats. 2000, Ch. 638, Sec. 1. Effective January 1, 2001.)
  11. 33214.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “creating agency” and “receiving agency” for use in Sections 33215 and 33216.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33214.5. As used in Sections 33215 and 33216: (a) “Creating agency” means the community redevelopment agency that created the project area that is to be transferred pursuant to Section 33215 or 33216. (b) “Receiving agency” means the community redevelopment agency that will acquire jurisdiction over a project area pursuant to Section 33215 or 33216. (Added by Stats. 2000, Ch. 610, Sec. 2. Effective January 1, 2001.)
  12. 33214.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The County of Riverside redevelopment agency’s territory is expanded to include specified former or annexed areas, and the agency may count certain units in those areas toward its Section 33413 obligations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33214.7. (a) Notwithstanding any law to the contrary, the territorial jurisdiction of the Redevelopment Agency of the County of Riverside shall include all of the following: (1) Former agency territory within the geographic boundaries of the City of Menifee or the City of Wildomar with respect to which the agency, prior to the incorporation of the applicable city, (A) entered into a binding agreement with a third party in furtherance of the purposes set forth in Section 33334.2 and (B) acquired land or otherwise expended money from its Low and Moderate Income Housing Fund established pursuant to Section 33334.3. (2) Territory currently within an island of unincorporated territory that is surrounded or substantially surrounded by the City of Indio, after the city’s annexation of that territory, with respect to which the agency, prior to that annexation, (A) entered into a binding agreement with a third party in furtherance of the purposes set forth in Section 33334.2 and (B) acquired land or otherwise expended money from its Low and Moderate Income Housing Fund established pursuant to Section 33334.3. (b) This section shall apply retroactively and prospectively to the territory specified in subdivision (a). (c) The agency may apply towards its obligations under subdivision (b) of Section 33413 units described in clause (ii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 33413 that are located within the territory specified in subdivision (a). (Added by Stats. 2010, Ch. 315, Sec. 1. (SB 977) Effective January 1, 2011.)
  13. 33215.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section allows territorial jurisdiction over a redevelopment project area to be transferred from the creating agency to a receiving agency if the area is later annexed or placed within a new city.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33215. (a) If all of the territory included within a project area, including any noncontiguous territory within the project area, selected pursuant to Section 33322 or 34004 is subsequently annexed to a city or included within the boundaries of a new city, the territorial jurisdiction of the creating agency over all of the territory in that project area may be transferred from the creating agency to a receiving agency pursuant to this section. (b) The legislative body of the community of the receiving agency, in which the territory described in subdivision (a) is located, may unilaterally transfer the territorial jurisdiction described in subdivision (a) if that legislative body agrees to reimburse the community of the creating agency for all costs incurred by the community of the creating agency in conducting the transfer and adopts, or has adopted, both of the following ordinances: (1) An ordinance pursuant to Section 33101 declaring the need for an agency to function in the city. (2) An ordinance adopting the same redevelopment plan for the project area that was previously adopted by the legislative body of the creating agency or an ordinance adopting that redevelopment plan, with amendments. However, no amendment to a redevelopment plan may be adopted if the amendment would violate any agreement entered into by the creating agency or its legislative body, as determined by that legislative body, prior to the effective date of the transfer of territorial jurisdiction, as determined pursuant to subdivision (c). (c) The effective date of the transfer of territorial jurisdiction is the first day of the fiscal year that begins following the effective date of the later enacted of the ordinances adopted pursuant to subdivision (b). (d) The transfer of territorial jurisdiction shall have all of the following effects on and after the effective date of the transfer of territorial jurisdiction, as determined pursuant to subdivision (c): (1) The receiving agency and its legislative body shall have all of the rights, powers, and responsibilities provided by this part with respect to the project area and the redevelopment plan for that project area. (2) The debts and any other obligations of the creating agency or its legislative body in connection with the project area or the redevelopment plan for that project area shall be assumed by the receiving agency. (3) For the purposes of this part, including Section 33670, the redevelopment plan for the project area for which territorial jurisdiction is transferred from the creating agency to the receiving agency pursuant to this section shall be considered to have been adopted by the legislative body of the receiving agency on the date the redevelopment plan was originally adopted by the legislative body of the creating agency. (e) The creating agency, the receiving agency, and their respective legislative bodies may enter into any agreements which those entities mutually determine to be necessary or desirable to facilitate the transfer of territorial jurisdiction provided for by this section. (Amended by Stats. 2000, Ch. 610, Sec. 3. Effective January 1, 2001.)
  14. 33216.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section lets territorial jurisdiction over a redevelopment project area transfer from a creating agency to a receiving agency when specified annexation conditions and approval steps are met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33216. (a) If all, or a substantial portion, of the territory included within a project area selected pursuant to Section 33322 or 34004 is subsequently annexed to a city or included within the boundaries of a new city, the territorial jurisdiction of the creating agency over all, or a substantial portion, of the territory in that project area may be transferred from the creating agency to the receiving agency pursuant to this section. If all, or a substantial portion, of the noncontiguous territory of a project area of a creating agency is subsequently annexed to a city or included within the boundaries of a new city, the jurisdiction of the creating agency over all, or a substantial portion, of the noncontiguous territory may be transferred to the receiving agency pursuant to this section. (b) The transfer of territorial jurisdiction described in subdivision (a) is not effective unless all of the following occur: (1) The creating agency and the receiving agency enter into the agreement described in subdivision (c), and their respective legislative bodies both adopt a resolution approving that agreement. (2) The legislative body of the receiving agency adopts, or has adopted, both of the following ordinances: (A) An ordinance pursuant to Section 33101 declaring the need for an agency to function in the city. (B) An ordinance adopting the same redevelopment plan for the project area that was previously adopted by the legislative body of the creating agency. (c) The agreement required to be entered into between the creating agency and the receiving agency pursuant to paragraph (1) of subdivision (b) shall contain all of the provisions described in paragraphs (1), (2), (3), and (4), and may contain the provisions described in paragraphs (5) and (6): (1) A provision specifying that all of the territory included within the project area is transferred from the creating agency to the receiving agency, or a provision specifying the portions of the project area over which each agency will have territorial jurisdiction. (2) (A) If all of the territory included within the project area is transferred from the creating agency to the receiving agency, a provision for the allocation of all of the taxes payable from the project area pursuant to subdivision (b) of Section 33670 to the receiving agency. (B) If a substantial portion of the territory included within the project area is transferred from the creating agency to the receiving agency, a provision for the allocation of taxes payable from the project area pursuant to subdivision (b) of Section 33670 between the receiving agency and the creating agency. That allocation of taxes shall be reasonably related to the costs that the community of the creating agency and the community of the receiving agency expect to incur in carrying out the redevelopment plan and the outstanding indebtedness that the creating agency has incurred in carrying out the redevelopment plan. That indebtedness shall include repayment of expenditures to, or on behalf of, the redevelopment project area from other resources or borrowing of the creating agency. That allocation of taxes may differ from the allocation that would have been made if the portion of the project area under the territorial jurisdiction of the creating agency and the portion of the project area under the territorial jurisdiction of the receiving agency had been separate project areas at the time of adoption of the redevelopment plan by the legislative body of the creating agency. (3) A requirement that all taxes payable from the project area pursuant to subdivision (b) of Section 33670 that are allocated to the receiving agency, as required by subparagraph (B) of paragraph (2), shall be available if necessary to pay any indebtedness incurred by the creating agency prior to the effective date of the transfer of jurisdiction in connection with the project area and the redevelopment plan if that indebtedness was secured by the taxes payable from the project area pursuant to subdivision (b) of Section 33670. (4) If a substantial portion of the territory included within the project area is transferred from the creating agency to the receiving agency, a requirement that any amendment to the redevelopment plan for that portion of the territory of the project area under the jurisdiction of the creating agency shall, in addition to any other requirements under this part, be approved by an ordinance adopted by the legislative body of the receiving agency, and that any amendment to the redevelopment plan for that portion of the territory of the project area under the jurisdiction of the receiving agency shall, in addition to any other requirements under this part, be approved by an ordinance adopted by the legislative body of the creating agency. (5) If a substantial portion of the territory included within the project area is transferred from the creating agency to the receiving agency, a provision permitting the creating agency to undertake activities to implement the redevelopment plan in portions of the project area under the territorial jurisdiction of the receiving agency or for the receiving agency to undertake activities to implement the redevelopment plan in portions of the project area under the territorial jurisdiction of the creating agency. (6) Any other terms and conditions that the creating agency, the receiving agency, or their respective legislative bodies mutually determine to be necessary or desirable to facilitate the transfer of territorial jurisdiction over all, or a substantial portion, of the project area and the implementation of the redevelopment plan. (d) The effective date of the transfer of territorial jurisdiction is the first day of the fiscal year that begins following the effective date of the resolution adopted pursuant to paragraph (1) of subdivision (b), or the effective date of the later enacted of the ordinances adopted pursuant to paragraph (2) of subdivision (b), whichever date is later. (e) On and after the effective date of the transfer of territorial jurisdiction: (1) Except as otherwise provided by the agreement entered into pursuant to paragraph (1) of subdivision (b), the receiving agency and its legislative body shall have all of the rights, powers, and responsibilities provided by this part with respect to all, or the portion, of the project area for which the territorial jurisdiction has been transferred to the receiving agency and with respect to all, or the portion, of the redevelopment plan for all, or that portion, of the project area. (2) The debts and any other obligations of the creating agency or its legislative body in connection with the project area, or a substantial portion of the project area transferred to the receiving agency, as the case may be, or the redevelopment plan for that project area, or portion of the project area, shall be assumed by the receiving agency. (3) For the purposes of this part, including Section 33670, the redevelopment plan for all, or a substantial portion, of the project area for which territorial jurisdiction is transferred from the creating agency to the receiving agency pursuant to this section shall be considered to have been adopted by the legislative body of the receiving agency on the date the redevelopment plan was originally adopted by the legislative body of the creating agency. (Amended by Stats. 2000, Ch. 610, Sec. 4. Effective January 1, 2001.)
  15. 33216.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The section allows certain Orange County redevelopment territory to be transferred from the county agency to the city agency when the area is within, annexed to, or otherwise included in a city.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33216.1. (a) The Legislature finds and declares all of the following: (1) The Orange County Board of Supervisors established the Neighborhood Development and Preservation Project on June 28, 1988. (2) The Orange County Neighborhood Development and Preservation Project consists of 13 independent areas either within the territorial jurisdiction of incorporated cities or the sphere of influence of existing cities. (3) The County of Orange and affected cities are in agreement that the territorial jurisdiction for the Neighborhood Development and Preservation Project areas for those areas presently within the boundaries of an incorporated city, and areas which upon their annexation or inclusion otherwise are included within the boundaries of an incorporated city should be transferred to the appropriate city. (b) If any portion, including a subarea of the Orange County Neighborhood Development and Preservation Project, of the territory is currently within the boundaries of a city, or is subsequently annexed to a city or otherwise included within the boundaries of a city, the territorial jurisdiction of the agency of the county over that portion including a subarea of the project area, of the territory in the Orange County Neighborhood Development and Preservation Project may be transferred from the agency of the county to the agency of the city pursuant to Section 33216, except as provided below: (1) If any portion, including a subarea of the Orange County Neighborhood Development and Preservation Project is transferred from the agency of the county to the agency of the city pursuant to this subdivision, the city ordinance adopting the same redevelopment plan as adopted by the board of supervisors may include an amendment to the plan. Any public notice required to amend the plan shall apply only to the portion, including a subarea, jurisdictionally transferred to the agency of the city. (2) Notwithstanding paragraph (4) of subdivision (c) of Section 33216, any amendment adopted by the agency of the city shall not require the approval of the board of supervisors, unless that amendment would violate any agreement entered into by the agency of the county or the board of supervisors, as determined by the board of supervisors, prior to the effective date of the transfer of territorial jurisdiction. (Added by Stats. 1997, Ch. 53, Sec. 1. Effective January 1, 1998.)
  16. 33216.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section transfers territorial jurisdiction for the Shasta Dam Area Redevelopment Project from the County of Shasta’s redevelopment agency to the City of Shasta Lake’s redevelopment agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33216.5. (a) The Legislature finds and declares all of the following: (1) The City of Shasta Lake, which is located in the County of Shasta, was incorporated on July 2, 1993. (2) The Shasta Dam Area Redevelopment Project, which was established in July 1991, is located within the City of Shasta Lake. (3) The City of Shasta Lake and the County of Shasta are in agreement that territorial jurisdiction for the Shasta Dam Area Redevelopment Project should be transferred from the redevelopment agency of the County of Shasta to the redevelopment agency of the City of Shasta Lake. Pursuant to subdivision (b) of Section 33215, the city council has adopted an ordinance declaring the need for an agency to function in the city. (4) Under subdivision (c) of Section 33215, however, the transfer of jurisdiction for the Shasta Dam Area Redevelopment Project cannot become effective until the first day of the first fiscal year beginning after the adoption of the later of the required ordinances. (5) Because the City of Shasta Lake was incorporated on the second day of the current fiscal year, the city is uniquely burdened by the requirement of existing law, which delays until July 1, 1994, the effectiveness of the agreement to transfer the redevelopment project from the agency of the county to the agency of the city. (6) Therefore, to effectuate the purposes of the Community Redevelopment Law, the transfer of the territorial jurisdiction for the Shasta Dam Area Redevelopment Project from the redevelopment agency of the County of Shasta to the redevelopment agency of the City of Shasta Lake should be authorized forthwith. (b) Notwithstanding Section 33215 or any other provision of law, territorial jurisdiction for the Shasta Dam Area Redevelopment Project is hereby transferred, as of the effective date of the act that adds this section, from the redevelopment agency of the County of Shasta to the redevelopment agency of the City of Shasta Lake under the terms and conditions agreed upon by the city and county. (Added by Stats. 1993, Ch. 693, Sec. 1. Effective October 4, 1993.)
  17. 33217.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a new city and receiving agency are created for part of a redevelopment project area, the creating agency and receiving agency must make an agreement within six months.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Joint Exercise or Delegation of Power to Redevelop [33210 - 33217] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33217. If a portion of a city containing a portion of a redevelopment project area is incorporated as a new city, and the new city establishes an agency to be the receiving agency for that portion of the project area, the creating agency and the receiving agency shall have six months from the date of the establishment of that receiving agency to enter into an agreement pursuant to Section 33216. If that agreement is not entered into within that six-month period, the creating agency shall not thereafter expend any money pursuant to this part or Part 1.5 (commencing with Section 34000) within the project area, except to repay existing indebtedness, until those agencies have entered into that agreement. That indebtedness shall include outstanding bonded indebtedness, existing agreements, contracts, leases, and expenditures made to, or on behalf of, the project area from other resources or borrowings of the creating agency. (Added by Stats. 2000, Ch. 638, Sec. 2. Effective January 1, 2001.)
  18. 33220.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Aid, Assistance, and Co-operation [33220 - 33221] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Any public body may support redevelopment projects by transferring property, providing facilities and street work, changing zoning, making agreements, investing in agency bonds, and acquiring land for redevelopment.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Aid, Assistance, and Co-operation [33220 - 33221] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33220. For the purpose of aiding and co-operating in the planning, undertaking, construction, or operation of redevelopment projects located within the area in which it is authorized to act, any public body, upon the terms and with or without consideration as it determines, may: (a) Dedicate, sell, convey, or lease any of its property to a redevelopment agency. (b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with redevelopment projects. (c) Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake. (d) Plan or replan, zone or rezone any part of such area and make any legal exceptions from building regulations and ordinances. (e) Enter into agreements with the federal government, an agency, or any other public body respecting action to be taken pursuant to any of the powers granted by this part or any other law; such agreements may extend over any period, notwithstanding any law to the contrary. (f) Purchase or legally invest in any of the bonds of an agency and exercise all of the rights of any holder of such bonds. (g) Purchase and buy or otherwise acquire land in a project area from an agency for redevelopment in accordance with the plan, and in connection therewith, is hereby authorized to become obligated in accordance with Section 33437 except that subdivision (b) of Section 33437 shall apply to a public body only to the extent that it is authorized (and funds have been made available) to make the redevelopment improvements or structures required. (Added by Stats. 1963, Ch. 1812.)
  19. 33221.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Aid, Assistance, and Co-operation [33220 - 33221] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Bonds and obligations issued by an agency may be purchased, invested in, or used as security if Section 33663 authorizes it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 3. Other Entities Undertaking or Assisting Redevelopment [33200 - 33221] ( Chapter 3 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Aid, Assistance, and Co-operation [33220 - 33221] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33221. The bonds and obligations issued by an agency also may be purchased, invested in, or used for security as authorized in Section 33663. (Added by Stats. 1963, Ch. 1812.)
  20. 33300.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Community Prerequisites [33300 - 33302] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before an area is designated for redevelopment, the community authorized to undertake the development must comply with this article’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Community Prerequisites [33300 - 33302] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33300. Before any area is designated for redevelopment, the community authorized to undertake such development shall comply with the requirements of this article. (Repealed and added by Stats. 1963, Ch. 1812.)
  21. 33301.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Community Prerequisites [33300 - 33302] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The community must have a planning agency established by law or charter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Community Prerequisites [33300 - 33302] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33301. The community shall have a planning agency established pursuant to law or charter. (Amended by Stats. 1983, Ch. 602, Sec. 2. Effective August 31, 1983.)
  22. 33302.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Community Prerequisites [33300 - 33302] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The community must have a general plan that complies with the cited Government Code article and includes a housing element that substantially complies with state law.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Community Prerequisites [33300 - 33302] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33302. The community shall have a general plan which complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code, and which includes, but is not limited to, a housing element that substantially complies with state law. (Amended by Stats. 1992, Ch. 1356, Sec. 3. Effective January 1, 1993.)
  23. 33310.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Designation of Survey Area [33310 - 33312] ( Heading of Article 2 amended by Stats. 1965, Ch. 1665. )

    Verify source ↗

    Survey areas may be designated by resolution of the legislative body, and the legislative body may authorize the planning commission or agency members to make that designation by resolution.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Designation of Survey Area [33310 - 33312] ( Heading of Article 2 amended by Stats. 1965, Ch. 1665. ) ## 33310. Survey areas may be designated by resolution of the legislative body, or the legislative body may by resolution authorize the designation of survey areas by resolution of the planning commission or by resolution of the members of the agency. (Amended by Stats. 1965, Ch. 1665.)
  24. 33311.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Designation of Survey Area [33310 - 33312] ( Heading of Article 2 amended by Stats. 1965, Ch. 1665. )

    Verify source ↗

    Any person, group, association, or corporation may ask the legislative body, or an authorized planning commission or agency, to designate a survey area for project study purposes and may also submit redevelopment plans with that request.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Designation of Survey Area [33310 - 33312] ( Heading of Article 2 amended by Stats. 1965, Ch. 1665. ) ## 33311. Any person, group, association or corporation may in writing, request the legislative body (or the planning commission or the agency if they are authorized by the legislative body to designate survey areas) to designate a survey area or areas for project study purposes, and may submit with their request plans showing the proposed redevelopment of such areas or any part or parts thereof. (Amended by Stats. 1965, Ch. 1665.)
  25. 33312.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Designation of Survey Area [33310 - 33312] ( Heading of Article 2 amended by Stats. 1965, Ch. 1665. )

    Verify source ↗

    A resolution designating a survey area must include a finding that the area needs study to decide whether redevelopment projects are feasible, and a description of the area’s boundaries.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Designation of Survey Area [33310 - 33312] ( Heading of Article 2 amended by Stats. 1965, Ch. 1665. ) ## 33312. The resolution designating a survey area or areas shall contain the following: (a) A finding that the area requires study to determine if a redevelopment project or projects within said area are feasible; (b) A description of the boundaries of the area designated. (Amended by Stats. 1965, Ch. 1665.)
  26. 33320.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “project area” and “predominantly urbanized,” and sets a related 80% land-use threshold.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33320.1. (a) “Project area” means, except as provided in Section 33320.2, 33320.3, 33320.4, or 33492.3, a predominantly urbanized area of a community that is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this part, and that is selected by the planning commission pursuant to Section 33322. (b) As used in this section, “predominantly urbanized” means that not less than 80 percent of the land in the project area is either of the following: (1) Has been or is developed for urban uses. (2) Is an integral part of one or more areas developed for urban uses that are surrounded or substantially surrounded by parcels that have been or are developed for urban uses. Parcels separated by only an improved right-of-way shall be deemed adjacent for the purpose of this subdivision. Parcels that are not blighted shall not be included in the project area for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 without other substantial justification for their inclusion. (c) For the purposes of this section, a parcel of property as shown on the official maps of the county assessor is developed if that parcel is developed in a manner that is consistent with zoning standards or is otherwise permitted under law. (d) The requirement that a project be predominantly urbanized shall apply only to a project area for which a final redevelopment plan is adopted on or after January 1, 1984, or to an area that is added to a project area by an amendment to a redevelopment plan, which amendment is adopted on or after January 1, 1984. (Amended by Stats. 2006, Ch. 595, Sec. 4. Effective January 1, 2007.)
  27. 33320.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency may not use eminent domain to acquire property other than vacant land in noncontiguous, unblighted areas.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33320.2. (a) The area included within a project and a project area may be either contiguous or noncontiguous. All noncontiguous areas of a project area shall be either blighted or necessary for effective redevelopment. An unblighted, noncontiguous area shall be conclusively deemed necessary for effective redevelopment if that area is being used predominantly for: (1) The relocation of owners or tenants from other noncontiguous areas in the same project area or from other project areas in the community. (2) The construction and rehabilitation of low- or moderate-income housing. (b) An unblighted, noncontiguous area shall be deemed not necessary for effective redevelopment if that area is included for the purpose of obtaining the allocation of taxes from such area pursuant to Section 33670 without other substantial justification for its inclusion. (c) The redevelopment agency shall not use the power of eminent domain for acquisition of property, other than vacant land, in noncontiguous, unblighted areas. (Amended by Stats. 1996, Ch. 799, Sec. 16. Effective January 1, 1997.)
  28. 33320.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    For redevelopment projects in the City of Victorville, the agency may not use eminent domain to acquire property in noncontiguous, unblighted areas except vacant land.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33320.3. (a) The area included within a project and a project area may be either contiguous or noncontiguous. All noncontiguous areas of a project area shall be either blighted or necessary for effective redevelopment. An unblighted, noncontiguous area within the City of Victorville which is a part of a freeway interchange project that is included in the State Transportation Improvement Program, as adopted by the California Transportation Commission in June 1984, and an unblighted area contiguous to that freeway interchange project east of Armagosa, north of Seneca Road, west of Seventh Street, and South of Plaza Drive and Mohave Drive, excluding any subdivided and developed area, shall be conclusively deemed necessary for effective redevelopment and may be included within a noncontiguous project area by the redevelopment agency in the City of Victorville. (b) The redevelopment agency shall not use the power of eminent domain for acquisition of property, other than vacant land, in noncontiguous, unblighted areas. (c) This section shall only apply to a redevelopment project area and the redevelopment agency within the City of Victorville. (Added by Stats. 1984, Ch. 1291, Sec. 3.)
  29. 33320.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If the described unblighted territory is annexed to the City of Sanger, the planning agency or redevelopment agency may include it in a project area, subject to stated approvals and necessity findings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33320.4. (a) The unblighted territory that is described in paragraphs (1) and (2) is contiguous to an existing redevelopment project area within the City of Sanger, California. If all of that unblighted territory is annexed to the City of Sanger, the planning agency within the City of Sanger may, with the approval of the redevelopment agency, include that territory in a proposed project area, or the redevelopment agency may amend the redevelopment plan to include that territory within an existing contiguous project area, if the planning agency or the redevelopment agency, as the case may be, determines that the inclusion of that territory is necessary for effective redevelopment of the project area. If either, or both, of those determinations are made, the territory shall be conclusively presumed necessary for effective redevelopment within the proposed or existing project area. Any actions taken by the planning agency or redevelopment agency in accordance with this section shall comply with all of the other requirements of this part. (1) All that portion of Fresno County, California, within the City of Sanger in Sections 26 and 25, Township 14 South, Range 22 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat thereof, described as follows: Beginning at the southwest corner of the northwest quarter of Section 26; thence along the existing city limits line of Sanger as follows, N. 89 47´ E., a distance of 2638.53 feet to the southeast corner of the northwest quarter of Section 26; thence N. 0 03´ W., along the west line of the northeast quarter of that Section, a distance of 345.52 feet to the northerly right-of-way line of the Garfield Ditch; thence northeasterly along northerly right-of-way line, a distance of 913.00 feet, a little more or less, to a point on the westerly right-of-way line of the Centerville and Kingsburg Canal; thence along the easterly right-of-way line of the Centerville and Kingsburg Canal as follows: N. 09 52´28″ E., 708.50 feet; N. 09 26´ 40″ E., 297.07 feet; N. 07 14´16″ E., 549.23 feet; and N. 09 15´10″ E., a distance of 539.47 feet to a point on a line 30. 00 feet south of the north line of the northeast quarter of Section 26; thence leaving the westerly right-of-way line, N.89 43´ E., along that line 30.00 feet south of and parallel with the north line of the northeast quarter of Section 26 and the easterly prolongation thereof, a distance of 1860.41 feet; thence S. 0 14´ E., 1151.07 feet; thence S. 73 01´ W., 357.58 feet; thence S. 55 46´ W., 985.00 feet; thence S. 40 46´ W., 218.00 feet; thence S. 24 31´ W., 364. 00 feet; thence N. 75 44´ W., 312.87 feet to a point on the west line of the southeast quarter of the northeast quarter of Section 26; thence S. 0 17´12″ E., along said west line, 413.31 feet to the southwest corner thereof; thence S. 0 16´28″ E., along the west line of the northeast quarter of the southeast quarter of Section 26, 1332.38 feet to the southwest corner thereof; thence leaving the existing city limits line of Sanger, N. 89 06´46″ W., along the north line of the south half of the southeast quarter of Section 26, 592.10 feet to the northeast corner of that parcel of land conveyed to Archie Mekealian and Verlene Mekealian by deed dated February 23, 1944, and recorded in Book 2157 at Page 119, Fresno County records, with the corner being 742.00 feet east of the northwest corner of the south half of the southeast quarter of Section 26; thence S. 4 36´52″ W., along the east line to the parcel, 1330.31 feet to the southeast corner thereof and to a point on the south line of the southeast quarter of Section 26; thence N. 88 44´19″ W., along the south line, 619.00 feet, more or less to the southwest corner of the southeast quarter of Section 26; thence S. 89 51´20″ W., along the south line of the southwest quarter of Section 26, 2639.90 feet to the southwest corner thereof; thence north, along the west line of the southwest quarter of Section 26, 2643.60 feet to the northwest corner thereof and the point of beginning. This territory contains a little more or less than 316.58 acres. (2) All that portion of Fresno County, California, within the City of Sanger, in the northeast quarter of Section 15 in Township 14 South, Range 22 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat thereof, described as follows: Commencing at the northeast corner of the northeast quarter of the northeast quarter of Section 15, thence southerly along the east line of the northeast quarter of Section 15 992.05 feet to the existing city limits line of Sanger, then continuing south along the east line of the northeast quarter of Section 15 475.01 feet, that being contiguous with the existing city limit of Sanger, for a total of 1467.06 feet, thence westerly, along a line 1180.15 feet 15, 880.90 feet, more or less to the easterly right-of-way line of the Southern Pacific Railroad Company’s right-of-way; thence leaving the existing city limits line of Sanger, northwesterly, along the easterly right-of-way line of the railroad as the same is shown on the Map of Mountain View Addition to Sanger, recorded February 18, 1891, in Book 4 of Plats, Page 66, Fresno County Records, to the point of intersection with the north line of the northeast quarter of Section 15; thence easterly along the north line, 2191.00 feet to the point of commencement. This territory contains a little more or less than 50.13 acres. (b) The conclusive presumption that the unblighted territory described in subdivision (a) is necessary for effective redevelopment applies only to territory within the City of Sanger. (Amended by Stats. 2006, Ch. 538, Sec. 388. Effective January 1, 2007.)
  30. 33320.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Certain territory described in subdivision (b) is exempt from the requirements of subdivision (b) of Section 33321.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33320.8. (a) The territory that is described in subdivision (b) shall not be subject to the requirements of subdivision (b) of Section 33321.5. (b) All lands not enforceably restricted within the Counties of Riverside and San Bernardino, within the spheres of influence of the Cities of Chino and Ontario as of January 1, 1996, according to the United States Government Township Plat thereof, described as follows: (1) That portion of Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, described as follows: Beginning at the center line intersection of Euclid Avenue and Riverside Drive, said intersection being on the existing city limits of Ontario; thence east along said city limits line and continuing along said line, following all of its various courses to the intersection of Riverside Drive with the San Bernardino County line; thence leaving said city limits line south and southwesterly along said county line to the north line of Section 27, said Township 2 South, Range 7 West; thence west along said north line, being also the center line of Remington Avenue, to the center line of Carpenter Avenue; thence north along said center line to the center line of Merrill Avenue; thence west along said center line to the east line of Grove Avenue; thence north along said east line to the north line of Merrill Avenue; thence west along said north line and its prolongation to the center line of Euclid Avenue; thence north along said center line to the Point of Beginning. (2) Those portions of Townships 2 and 3 South, Ranges 7 and 8 West, San Bernardino Meridian, in the County of San Bernardino, State of California, described as follows: Beginning at the intersection of the center line of Merrill Avenue with the east line of Grove Avenue; thence east along said center line of Merrill Avenue to the center line of Carpenter Avenue; thence south along said center line to the north line of Government Lot 1 of Section 27, said Township 2 South, Range 7 West, said point being also on the center line of Remington Avenue; thence east along said center line to the San Bernardino County line; thence southwesterly, southerly and westerly along said county line to the center line of State Highway 71 being also on the existing city limits line of Chino Hills; thence northwesterly along said center line and city limits line to the southwesterly prolongation of the center line of Pine Avenue; thence easterly along said prolongation and center line to the center line of Chino Creek; thence southeasterly along said center line to the west line of Section 6, said Township 3 South, Range 7 West; thence north along said west line and the west line of Section 31, said Township 2 South, Range 7 West, to the center line of Pine Avenue; thence westerly along said center line to the center line of El Prado Road, formerly Central Avenue; thence northwesterly along said center line to the center line of Kimball Avenue, said point being on the existing city limits of Chino; thence east along said city limits line and continuing along said city limits, following all of its various courses to the center line intersection of Kimball Avenue and vacated Campus Avenue; thence leaving said city limits line east along said center line of Kimball Avenue to the center line of Grove Avenue; thence north along said center line to the center line of Remington Avenue, vacated; thence east along said vacated center line to the east line of Grove Avenue; thence north along said last line to the Point of Beginning. (3) Those portions of Sections 6, 7, 18, 19, 30, and 31, Township 2 South, Range 6 West, San Bernardino Meridian; Sections 23, 24, 25, 26, 27, 34, 35, and 36, Township 2 South, Range 7 West, San Bernardino Meridian; and Sections 2, 3, and 10, Township 3 South, Range 7 West, San Bernardino Meridian, within the unincorporated area of the County of Riverside. (Amended by Stats. 2004, Ch. 183, Sec. 208. Effective January 1, 2005.)
  31. 33321.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A project area may include additional land, buildings, or improvements if they are needed for effective redevelopment, and included areas must be necessary and not included just to obtain tax increment revenue.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33321. A project area need not be restricted to buildings, improvements, or lands which are detrimental or inimical to the public health, safety, or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A project area may include lands, buildings, or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part. Each such area included under this section shall be necessary for effective redevelopment and shall not be included for the purpose of obtaining the allocation of tax increment revenue from such area pursuant to Section 33670 without other substantial justification for its inclusion. (Amended by Stats. 1976, Ch. 1336.)
  32. 33321.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Enforceably restricted agricultural and open-space land cannot be included in a project area, and larger agricultural parcels not so restricted can be included only if the agency makes specified findings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33321.5. (a) Agricultural land and open-space land that is enforceably restricted shall not be included within a project area. (b) A parcel of land that is larger than two acres and is in agricultural use, but that is not enforceably restricted, shall not be included within a project area unless the agency makes each of the following findings, based upon substantial evidence in the record: (1) The inclusion of the land in the project area is consistent with the purposes of this part. (2) The inclusion of the land in the project area will not cause the removal of adjacent land, designated for agricultural use in the community’s general plan, from agricultural use. (3) The inclusion of the land within the project area is consistent with the community’s general plan. (4) The inclusion of the land in the project area will result in a more contiguous pattern of development. (5) There is no proximate land that is not in agricultural use, that is both available and suitable for inclusion within the project area, and is not already proposed to be within the project area. (c) As used in this section the following definitions apply: (1) “Agricultural use” has the same meaning as that term is defined in subdivision (b) of Section 51201 of the Government Code. (2) “Enforceably restricted” has the same meaning as that term is defined in Sections 422 and 422.5 of the Revenue and Taxation Code. (3) “Suitable” has the same meaning as that term is defined in subdivision (c) of Section 51282 of the Government Code. (d) The provisions of subdivision (b) shall not apply to the territory described in Section 33320.8. (Added by Stats. 1996, Ch. 617, Sec. 2. Effective January 1, 1997.)
  33. 33322.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The planning commission may choose project areas on its own or at the agency’s request, and must choose them when directed by the legislative body or when owners in fee of a majority of the proposed area petition in writing. It must also prepare a preliminary redevelopment plan for each selected area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33322. The planning commission may select one or more project areas comprised of all or part of any survey area, on its own motion, or at the request of the agency. The planning commission shall select one or more project areas comprised of all or part of any survey area, at the direction of the legislative body, or upon the written petition of the owners in fee of the majority in area of a proposed project area, excluding publicly owned areas or areas dedicated to a public use. The planning commission shall formulate a preliminary plan for the redevelopment of each selected project area. (Repealed and added by Stats. 1965, Ch. 1665.)
  34. 33323.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency and planning commission must cooperate when selecting project areas and preparing the preliminary plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33323. The agency and planning commission shall cooperate in the selection of project areas and in the preparation of the preliminary plan. (Added by Stats. 1963, Ch. 1812.)
  35. 33324.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A preliminary redevelopment plan does not have to be detailed, but it must include certain basic information.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33324. A preliminary plan need not be detailed and is sufficient if it: (a) Describes the boundaries of the project area. (b) Contains a general statement of the land uses, layout of principal streets, population densities and building intensities, and standards proposed as the basis for the redevelopment of the project area. (c) Shows how the purposes of this part would be attained by redevelopment. (d) Shows that the proposed redevelopment is consistent with the community’s general plan. (e) Describes, generally, the impact of the project upon the area’s residents and upon the surrounding neighborhood. (Amended by Stats. 1996, Ch. 799, Sec. 17. Effective January 1, 1997.)
  36. 33325.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The planning commission must submit the preliminary plan for each project area to the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33325. The planning commission shall submit the preliminary plan for each project area to the agency. (Added by Stats. 1963, Ch. 1812.)
  37. 33326.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before notice of the agency public hearing is published, the planning commission may change the boundaries of a project area with agency approval.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33326. Prior to publication of notice of the agency public hearing, the planning commission may change the boundaries of a project area with the approval of the agency. (Added by Stats. 1965, Ch. 1665.)
  38. 33327.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must send specified project-area materials to listed county, local, and state officials after receiving a preliminary redevelopment plan, and it must notify them within 30 days if project boundaries change.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33327. After receipt of any preliminary redevelopment plan pursuant to Section 33325, the agency shall transmit to the county auditor and county assessor of the county in which the proposed project is located, or to the officer or officers performing the functions of the auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the county assessment roll or do not collect its taxes through the county, to the legislative or governing bodies of local agencies which receive a portion of the property tax levied pursuant to Part 0.5 (commencing with Section 50) of the Revenue and Taxation Code and to the State Board of Equalization: (a) A description of the boundaries of the project area. (b) A statement that a plan for the redevelopment of the area is being prepared. (c) A map indicating the boundaries of the project area. In addition, the agency may include a listing, by tax rate area, of all parcels within the boundaries of the project area and the value used for each parcel on the secured property tax roll. Thereafter, if the boundaries of the proposed project are changed, the agency shall notify the taxing officials and the State Board of Equalization within 30 days by transmitting a description and map indicating each boundary change made. The State Board of Equalization shall prescribe the format of the description of boundaries and statements, and the form, size, contents, and number of copies of the map required to be transmitted pursuant to this section. (Amended by Stats. 2006, Ch. 643, Sec. 24. Effective January 1, 2007.)
  39. 33328.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The redevelopment agency must notify officials about the base year assessment roll, county officials must prepare and deliver a detailed tax report, and the agency must consult taxing agencies before public hearing notice is published.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33328. When it transmits the map of the project area to the county officials, taxing agencies, and the State Board of Equalization pursuant to Section 33327, the redevelopment agency shall also advise those officials and agencies of the last equalized assessment roll it proposes to use for the allocation of taxes that will comply with Sections 33670 and 33670.5. That roll shall be known and referred to as the base year assessment roll. The county officials charged with the responsibility of allocating taxes under Sections 33670 and 33670.5 shall prepare and deliver to the redevelopment agency and each of the taxing agencies, a report which shall include all of the following: (a) The total assessed valuation of all taxable property within the project area as shown on the base year assessment roll. (b) The identifications of each taxing agency levying taxes in the project area. (c) The amount of tax revenue to be derived by each taxing agency from the base year assessment roll from the project area, including state subventions for homeowners, business inventory, and similar subventions. (d) For each taxing agency, its total ad valorem tax revenues from all property within its boundaries, whether inside or outside the project area. (e) The estimated first year taxes available to the redevelopment agency, if any, based upon information submitted by the redevelopment agency, broken down by taxing agencies. (f) The assessed valuation of the project area for the preceding year, or, if requested by the redevelopment agency, for the preceding five years, except for state assessed property on the board roll. However, in preparing this information, the requirements of Section 33670.5 shall be observed. The assessed value shall be reported by block if the property is divided by blocks, or by any other geographical area as may be agreed upon by the agency and county officials. The report shall be prepared and delivered to the redevelopment agency and each of the taxing agencies within 60 days of the date of filing by the redevelopment agency with the State Board of Equalization or as otherwise agreed upon by the agency and the State Board of Equalization, unless the redevelopment agency requests the assessed valuation for the preceding five years, in which case the report shall be prepared and delivered within 90 days. If the proposed base year assessment roll has not yet been equalized at the time of the receipt of that advice, then the report shall be prepared and delivered within 60 days, or other period, otherwise agreed upon, by the agency and the State Board of Equalization, from the date set forth in Section 2052 of the Revenue and Taxation Code, unless the agency requests the assessed valuation for the preceding five years, in which case, the report shall be prepared and delivered within 90 days. If the filing does not comply with the requirements of Section 33327, the State Board of Equalization or the official of the taxing agency entitled to receive those documents shall notify the filing agency within 10 days, stating the manner in which the filing of documents does not comply with this section. If no notice is given it shall be conclusively presumed that the agency has complied with the provisions of this section. If the report is not received within the time prescribed by this section, the redevelopment agency may proceed with the adoption of the redevelopment plan. The county officials may transmit a partial report, and any final report or additional information, if received by the agency prior to the close of the public hearing on the redevelopment plan, shall become part of the record of the public hearing. The State Board of Equalization and officials of all taxing agencies shall provide the county officials preparing the report with all information necessary for its preparation. All data and information upon which the report is based shall be available to the agency to the extent permitted by law. Prior to the publication of notice of the legislative body’s public hearing on the plan, the agency shall consult with each taxing agency which levies taxes, or for which taxes are levied, on property in the project area with respect to the plan and to the allocation of taxes pursuant to Section 33670. (Amended by Stats. 1984, Ch. 147, Sec. 3.)
  40. 33328.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    County officials and the redevelopment agency must send reports to the Department of Finance in the department-prescribed form and manner when the stated project-area reporting events occur.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33328.1. (a) When the county officials charged with the responsibility of allocating taxes pursuant Sections 33670 and 33670.5 deliver the report required pursuant to Section 33328, they shall also prepare and deliver to the Department of Finance, in the form and manner prescribed by the department, a report that includes all of the following: (1) The information specified in subdivisions (a), (b), and (c) of Section 33328. (2) A projection of the total amount of tax revenues that may be allocated pursuant to Sections 33670 and 33670.5 for the duration of the project area. (3) A projection of the amount of tax revenues that would have been allocated to each school district, county office of education, and community college district for the duration of the project area, but for the allocation of tax revenues pursuant to Sections 33670 and 33670.5. (4) A projection of the amount of tax revenues that may be allocated to each school district, county office of education, and community college district pursuant to Sections 33401, 33607.5, 33607.7, and 33676 for the duration of the project area. (b) When the redevelopment agency transmits the map of the project area pursuant to Section 33327, the agency shall also prepare and deliver to the Department of Finance, in the form and manner prescribed by the department, a report that includes all of the following: (1) A projection of any change in the number of residents, including, but not limited to, the number of schoolage children, within the project area for the duration of the project area. (2) A projection prepared by each school district, county office of education, and community college district within the project area of any change in the need for school facilities within the project area for the duration of the project area. (Added by Stats. 2006, Ch. 595, Sec. 5. Effective January 1, 2007.)
  41. 33328.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment project area boundary changes in the listed circumstances, the redevelopment agency must notify specified officials, and county officials must later file a report; noncompliance must be noticed within 10 days.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33328.3. If the boundaries of an existing project area for which the redevelopment plan contains a provision for the division of taxes as permitted by Section 33670 are changed pursuant to Article 4 (commencing with Section 33330), the redevelopment agency shall notify the county officials by transmitting to them, the legislative or governing bodies of the taxing agencies, and to the State Board of Equalization, the information required by Section 33327 indicating the areas to be added or detached. Within 60 days from the date of filing or a period as otherwise agreed to by the agency and the State Board of Equalization, the county officials shall prepare and submit to the redevelopment agency and the taxing agencies a report containing the information required under Section 33328, with respect to those areas to be added to or detached from the project area. If a filing does not comply with the requirements of this section, the State Board of Equalization or the official of the taxing agency entitled to receive those documents shall notify the filing agency within 10 days, stating the manner in which the filing of documents does not comply with this section. If no notice is given, it shall be conclusively presumed that the agency has complied with the provisions of this section. (Amended by Stats. 1986, Ch. 729, Sec. 1.)
  42. 33328.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The State Board of Equalization must set filing and processing fees for specified statements and maps, and the fee may not exceed the Board’s reasonably anticipated cost of doing the work.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33328.4. The State Board of Equalization shall establish a schedule of fees for filing and processing the statements and maps which are required to be filed with the State Board of Equalization pursuant to Section 33327, 33328.3, 33328.5, 33375, or 33457. This schedule shall not include any fee which exceeds the reasonably anticipated cost to the State Board of Equalization of performing the work to which the fee relates. The agency forwarding the statement and map pursuant to Section 33327, 33328.3, 33328.5, 33375, or 33457 shall accompany the statement and map with the necessary fee. (Amended by Stats. 1992, Ch. 1356, Sec. 5. Effective January 1, 1993.)
  43. 33328.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency changing to a different equalized assessment roll must give notice or prepare a specified report, and related county officials must respond with a report after notice is received.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33328.5. (a) If a redevelopment agency proposes to use the equalized assessment roll for the year following the equalized assessment roll which the redevelopment agency advised it would use pursuant to Section 33328, the redevelopment agency shall, prior to the adoption of the redevelopment plan using that different equalized assessment roll, either notify the county officials, taxing agencies, and the State Board of Equalization of the change in the equalized assessment roll that it proposes to use for the allocation of taxes pursuant to Section 33670 or prepare a report containing the information specified in subdivisions (a), (b), (c), (d), (e), and (f) of Section 33328. (b) Upon receipt of a notice pursuant to subdivision (a), the county officials charged with the responsibility of allocating taxes under Section 33670 and 33670.5 shall prepare and deliver to the redevelopment agency a report containing the information specified in subdivisions (a), (b), (c), (d), (e), and (f) of Section 33328. The report shall be prepared and delivered within the time periods specified in Section 33328 for reports prepared pursuant to that section. If a redevelopment agency gives the notice specified in subdivision (a), the redevelopment plan specified in the notice shall not be adopted until the time period for delivery of the report has expired. (c) At least 14 days prior to the public hearing on the redevelopment plan for which the redevelopment agency proposes to use a different equalized assessment roll, the redevelopment agency shall prepare and deliver to each taxing agency a supplementary report analyzing the effect of the use of the different equalized assessment roll which shall include those subjects required by subdivisions (b), (e), and (n) of Section 33352. In lieu of a supplementary report, a redevelopment agency may include in the report required to be prepared pursuant to Section 33352, the information required to be included in the supplementary report. (d) A redevelopment agency shall not be required to prepare a subsequent preliminary report specified in Section 33344.5, unless the report prepared pursuant to subdivision (b) states that the total assessed value in the project area is less than the total assessed value in the project area contained in the original report prepared pursuant to Section 33328, in which case a new preliminary report shall be prepared. (e) The use of a different assessment roll pursuant to this section shall meet the requirements of Section 16 of Article XVI of the California Constitution. (f) This section shall only apply to redevelopment plans adopted on or after January 1, 1993. The Legislature finds and declares that the enactment of this section shall not be deemed to invalidate or limit the adoption of redevelopment plans pursuant to a different procedure prior to January 1, 1993. (Amended by Stats. 1994, Ch. 936, Sec. 5. Effective September 28, 1994.)
  44. 33328.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency must reimburse certain local education and county entities for report-preparation costs, and later may treat those reimbursed costs as project costs if a final redevelopment plan is adopted.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Selection of Project Area and Formulation of Preliminary Plans [33320.1 - 33328.7] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33328.7. Any costs incurred by a county, a school district, a county office of education, or a community college district, in preparing a report pursuant to Section 33328, 33328.1, 33328.3, or 33328.5, shall be reimbursed by the redevelopment agency which filed for the report as provided in those sections. In the event a final redevelopment plan is adopted for all or a portion of the project area concerning which the report is prepared, the agency may charge and account for the reimbursed costs as a cost of the redevelopment project. Otherwise these costs shall be accounted for as general administrative expenses of the agency. (Amended by Stats. 2006, Ch. 595, Sec. 6. Effective January 1, 2007.)
  45. 33330.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each agency must prepare and approve a redevelopment plan for each project area, and it may hold hearings, conduct examinations, investigations, and negotiations for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33330. Each agency shall prepare or cause to be prepared, and approve, a redevelopment plan for each project area and for that purpose may hold hearings and conduct examinations, investigations, and other negotiations. The agency shall consult with the planning commission of the community and with the project area committee, if applicable, in preparing a redevelopment plan. (Amended by Stats. 1972, Ch. 614.)
  46. 33331.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Every redevelopment plan must be consistent with the community’s general plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33331. Every redevelopment plan shall be consistent with the community’s general plan. (Amended by Stats. 1997, Ch. 580, Sec. 12. Effective January 1, 1998.)
  47. 33331.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency working on certain property must follow this part’s requirements, including replacing public housing units and meeting affordability and location rules for replacement homes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33331.4. (a) A redevelopment agency undertaking activities and funding involving property described in paragraph (3) of subdivision (c) of Section 33030 shall comply with all of the requirements of this part, except as specifically modified in subdivision (b). (b) In addition to the requirements specified in subdivision (a), all of the following apply: (1) The project shall include the replacement, on at least a one-to-one basis, of all existing public housing units. The replacement dwelling units shall be affordable to, and occupied by, extremely low, very low, and lower income households as defined in Sections 50079.5, 50105, and 50106, at the same or lower income level as the household displaced from the public housing units, for at least 55 years. (2) The replacement dwelling units may be either publicly or privately owned and shall meet all of the following requirements: (A) Be located either inside the project area, or within a five-mile radius of the parcel containing the public housing that is being replaced. (B) Shall be, for each income level described in paragraph (1), a unit type and size as required by the displaced household. The required size shall conform to the principles for a public housing policy on occupancy, contained in the “Public Housing Occupancy Guidebook,” published by the United States Department of Housing and Urban Development. (C) Shall be affordable to each displaced household that chooses to relocate to a replacement unit, such that the rent does not exceed 30 percent of the income of that household. (c) No household shall be displaced under this section unless the household is given priority for a permanent replacement dwelling unit created pursuant to this section at the initial time of relocation. This subdivision does not apply if the household, having been given priority for a replacement dwelling unit under this part, voluntarily chooses not to accept the replacement dwelling unit. (d) The project may include both of the following: (1) The development of additional privately owned housing units that will be available to and occupied by persons and families of low or moderate income, as defined in Section 50093, including very low income households, as defined in Section 50105, at an affordable housing cost, as defined in Section 50052.5. (2) Workforce market-rate housing units, retail services, commercial, industrial, educational, recreational, and other uses as may be appropriate to serve the residents of the area, and public improvements inside or adjacent to the project area. (Amended by Stats. 2011, Ch. 296, Sec. 160. (AB 1023) Effective January 1, 2012.)
  48. 33331.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If the agency has made the required payment and allocated the full amount under Section 33690, the legislative body may amend the redevelopment plan to extend certain time limits by one year.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33331.5. Notwithstanding Section 33333.2 or 33333.6, when an agency is required pursuant to Section 33690 to make a payment to the county auditor for deposit in the county’s Supplemental Educational Revenue Augmentation Fund to be established in the county treasury pursuant to paragraph (1) of subdivision (a) of Section 33690 and the agency has allocated the full amount calculated pursuant to paragraph (2) of subdivision (a) of Section 33690, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to paragraphs (2) and (3) of subdivision (a) of Section 33333.2 or subdivision (a) of Section 33333.6 by one year. When amending a redevelopment plan pursuant to this section, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to the affected taxing entities required by Section 33607.7. (Added by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 3. (AB 26 4x) Effective October 23, 2009.)
  49. 33332.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment plan must include a legal description of the project area boundaries and be based on the preliminary plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33332. Every redevelopment plan shall contain a legal description of the boundaries of the project area and shall be based upon the preliminary plan. (Amended by Stats. 1965, Ch. 1665.)
  50. 33333.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment plan must show certain planning details by diagram and in general terms.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333. Every redevelopment plan shall show by diagram and in general terms: (a) The approximate amount of open space to be provided and street layout. (b) Limitations on type, size, height, number, and proposed use of buildings. (c) The approximate number of dwelling units. (d) The property to be devoted to public purposes and the nature of such purposes. (Repealed and added by Stats. 1963, Ch. 1812.)
  51. 33333.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An eligible agency may amend an older redevelopment plan to extend deadlines, but only after making required findings and adopting a resolution; after amendment, housing-fund and tax-increment spending is tightly limited.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.10. (a) (1) Notwithstanding the time limits in subdivisions (a) and (b) of Section 33333.6, an agency that adopted a redevelopment plan on or before December 31, 1993, may, pursuant to this section, amend that plan to extend the time limit on effectiveness of the plan for up to 10 additional years beyond the limit allowed by subdivision (a) of Section 33333.6. (2) In addition, the agency may, pursuant to this section, amend that plan to extend the time limit on the payment of indebtedness and receipt of property taxes to be not more than 10 years from the termination of the effectiveness of the redevelopment plan as that time limit has been amended pursuant to paragraph (1). (b) A redevelopment plan may be amended pursuant to subdivision (a) only after the agency finds, based on substantial evidence, that both of the following conditions exist: (1) Significant blight remains within the project area. (2) This blight cannot be eliminated without extending the effectiveness of the plan and the receipt of property taxes. (c) As used in this section: (1) “Blight” has the same meaning as that term is given in Section 33030. (2) “Significant” means important and of a magnitude to warrant agency assistance. (3) “Necessary and essential parcels” means parcels that are not blighted but are so necessary and essential to the elimination of the blight that these parcels should be included within the portion of the project area in which tax increment funds may be spent. “Necessary and essential parcels” are (A) parcels that are adjacent to one or more blighted parcels that are to be assembled in order to create a parcel of adequate size given present standards and market conditions, and (B) parcels that are adjacent or near parcels that are blighted on which it is necessary to construct a public improvement to eliminate the blight. (d) For purposes of this section, significant blight can exist in a project area even though blight is not prevalent in a project area. The report submitted to the legislative body pursuant to Section 33352 shall identify on a map the portion of the project area in which significant blight remains. (e) After the limit on the payment of indebtedness and receipt of property taxes that would have taken effect but for the amendment pursuant to this section, except for funds deposited in the Low and Moderate Income Housing Fund pursuant to Section 33334.2 or 33334.6, the agency shall spend tax increment funds only within the portion of the project area that has been identified in the report adopted pursuant to Section 33352 as the area containing blighted parcels and necessary and essential parcels. Except as otherwise limited by subdivisions (f) and (g), agencies may continue to spend funds deposited in the Low and Moderate Income Housing Fund in accordance with this division. (f) (1) Except as otherwise provided in this subdivision, after the limit on the payment of indebtedness and receipt of property taxes that would have taken effect, but for the amendment pursuant to this section, agencies shall only spend moneys from the Low and Moderate Income Housing Fund for the purpose of increasing, improving, and preserving the community’s supply of housing at affordable housing cost to persons and families of low, very low, or extremely low income, as defined in Sections 50079.5, 50093, 50105, and 50106. During this period, an agency that has adopted an amendment pursuant to subdivision (a) may use moneys from the Low and Moderate Income Housing Fund for the purpose of increasing, improving, and preserving housing at affordable housing cost to persons and families of moderate income as defined in Section 50093. However, this amount shall not exceed, in a five-year period, the amount of moneys from the Low and Moderate Income Housing Fund that are used to increase, improve, and preserve housing at affordable housing cost to persons and families of extremely low income, as defined in Section 50106. In no case shall the amount expended for housing for persons and families of moderate income exceed 15 percent of the annual amount deposited in the Low and Moderate Income Housing Fund during a five-year period and the number of housing units affordable to moderate-income persons shall not exceed the number of housing units affordable to extremely low income persons. (2) Commencing with the first fiscal year that commences after the date of the adoption of an amendment pursuant to subdivision (a) and until the limit on the payment of indebtedness and receipt of property taxes that would have taken effect but for the amendment pursuant to this section, an agency that has adopted an amendment pursuant to subdivision (a) may use moneys from the Low and Moderate Income Housing Fund for the purpose of increasing, improving, and preserving housing at affordable housing cost to persons and families of moderate income as defined in Section 50093. However, this amount shall not exceed, in a five-year period, 15 percent of the amount of moneys deposited in the Low and Moderate Income Housing Fund during that five-year period and shall only be used to assist housing projects in which no less than 49 percent of the units are affordable to and occupied by persons and families of low, very low, or extremely low income. An agency may spend an additional amount of moneys in the same or other housing projects to assist housing units affordable to and occupied by moderate-income persons. However, this amount shall not exceed the lesser of: the amount of moneys spent to increase, improve, and preserve housing at affordable housing cost to persons and families of extremely low income as defined in Section 50106, or 5 percent of the moneys deposited in the Low and Moderate Income Housing Fund during that five-year period. (g) (1) Except as provided in paragraph (2) or (3), commencing with the first fiscal year that commences after the date of adoption of an amendment pursuant to subdivision (a), not less than 30 percent of all taxes that are allocated to the agency pursuant to Section 33670 from the redevelopment project area so amended shall be deposited into that project’s Low and Moderate Income Housing Fund for the purposes specified in subdivision (f). (2) In any fiscal year, the agency may deposit less than the amount required by paragraph (1), but not less than the amount required by Section 33334.2 or 33334.6, into the Low and Moderate Income Housing Fund if the agency finds that the difference between the amount deposited and the amount required by paragraph (1) is necessary to make principal and interest payments during that fiscal year on bonds sold by the agency to finance or refinance the redevelopment project prior to six months before the date of adoption of the amendment pursuant to subdivision (a). Bonds sold by the agency prior to six months before the date of the adoption of the amendment pursuant to subdivision (a) may only be refinanced, refunded, or restructured after the date of the amendment pursuant to subdivision (a). However, for purposes of this section, bonds refinanced, refunded, or restructured after the date of the amendment pursuant to subdivision (a) may only be treated as if sold on the date the original bonds were sold if (A) the net proceeds were used to refinance the original bonds, (B) there is no increase in the amount of principal at the time of refinancing, restructuring, or refunding, and (C) the time during which the refinanced indebtedness is to be repaid does not exceed the date on which the existing indebtedness would have been repaid. (3) No later than 120 days prior to depositing less than the amount required by paragraph (1) into the Low and Moderate Income Housing Fund, the agency shall adopt, by resolution after a noticed public hearing, a finding that the difference between the amount allocated and the amount required by paragraph (1) is necessary to make payments on bonds sold by the agency to finance or refinance the redevelopment project and identified in the preliminary report adopted pursuant to paragraph (9) of subdivision (e) of Section 33333.11, and specifying the amount of principal remaining on the bonds, the amount of annual payments, and the date on which the indebtedness will be repaid. Notice of the time and place of the public hearing shall be published in a newspaper of general circulation once a week for at least two successive weeks prior to the public hearing. The agency shall make available to the public the proposed resolution no later than the time of the publication of the first notice of the public hearing. A copy of the resolution shall be transmitted to the Department of Housing and Community Development within 10 days after adoption. (4) Notwithstanding paragraph (1), an agency that sells bonds on or after the date of adoption of an amendment pursuant to subdivision (a), the repayment of which is to be made from taxes allocated to the agency pursuant to Section 33670 from the project so amended, may elect to subordinate up to 16 2/3 percent of its annual 30-percent Low and Moderate Income Housing Fund deposit obligation to the payment of debt service on the bonds. If the agency makes that election and in any year the agency has insufficient tax-increment revenue available to pay debt service on the bonds to which the funds from the Low and Moderate Income Housing Fund are subordinated, the agency may deposit less than the full 100 percent of its annual 30-percent Low and Moderate Income Housing Fund obligation but only to the extent necessary to pay that debt service and in no event shall less than 83 1/3 percent of that obligation be deposited into the Low and Moderate Income Housing Fund for that year. The difference between the amount that is actually deposited in the Low and Moderate Income Housing Fund and the full 100 percent of the agency’s 30-percent Low and Moderate Income Housing Fund deposit obligation shall constitute a deficit in the Low and Moderate Income Housing Fund subject to repayment pursuant to paragraph (5). (5) If, pursuant to paragraph (2) or (4), the agency deposits less than 30 percent of the taxes allocated to the agency pursuant to Section 33670 in any fiscal year in the Low and Moderate Income Housing Fund, the amount equal to the difference between 30 percent of the taxes allocated to the agency pursuant to Section 33670 for each affected redevelopment project area and the amount actually deposited in the Low and Moderate Income Housing Fund for that fiscal year shall be established as a deficit in the Low and Moderate Income Housing Fund. Any new tax increment funds not encumbered pursuant to paragraph (2) or (4) shall be utilized to reduce or eliminate the deficit prior to entering into any new contracts, commitments, or indebtedness. The obligations imposed by this section are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670 and, notwithstanding any other provision of law, shall constitute an indebtedness of the agency with respect to the redevelopment project, and the agency shall continue to receive allocations of taxes pursuant to Section 33670 until the deficit is paid in full. (h) An agency may not amend its redevelopment plan pursuant to this section unless the agency first adopts a resolution that finds, based on substantial evidence, all of the following: (1) The community has adopted a housing element that the department has determined pursuant to Section 65585 of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, or if applicable, an eligible city or county within the jurisdiction of the San Diego Association of Governments has adopted a self-certification of compliance with its adopted housing element pursuant to Section 65585.1 of the Government Code. (2) During the three fiscal years prior to the year in which the amendment is adopted, the agency has not been included in the report sent by the Controller to the Attorney General pursuant to subdivision (b) of Section 33080.8 as an agency that has a “major violation” pursuant to Section 33080.8. (3) After a written request by the agency and provision of the information requested by the department, the department has issued a letter to the agency, confirming that the agency has not accumulated an excess surplus in its Low and Moderate Income Housing Fund. As used in this section, “excess surplus” has the same meaning as that term is defined in Section 33334.12. The department shall develop a methodology to collect information required by this section. Information requested by the department shall include a certification by the agency’s independent auditor on the status of excess surplus and submittal of data for the department to verify the status of excess surplus. The independent auditor shall make the required certification based on the Controller’s office guidelines which shall include the methodology prescribed by the department pursuant to subparagraph (D) of paragraph (3) of subdivision (g) of Section 33334.12. If the department does not respond to the written request of the agency for this determination within 90 days after receipt of the written request, compliance with this requirement shall be deemed confirmed. (i) Each redevelopment plan that has been adopted prior to January 1, 1976, that is amended pursuant to subdivision (a) shall also be amended at the same time to make subdivision (b) of Section 33413 applicable to the redevelopment plan in accordance with paragraph (1) of subdivision (d) of Section 33413. (j) The amendment to the redevelopment plan authorized pursuant to this section shall be made by ordinance pursuant to Article 12 (commencing with Section 33450). The ordinance shall be subject to referendum as prescribed by law for ordinances of the legislative body. (k) This section shall not apply to a project area that retains its eligibility to incur indebtedness and receive tax increment revenues pursuant to Section 33333.7. ( l) The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to comply with Section 33333.8. In the event of a conflict between these limitations and the obligations under Section 33333.8, the limitation established in the ordinance shall be suspended pursuant to Section 33333.8. (Amended by Stats. 2002, Ch. 782, Sec. 4. Effective January 1, 2003.)
  52. 33333.11.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    To adopt a redevelopment plan amendment, the agency must follow notice, consultation, reporting, and hearing procedures.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.11. (a) In order to adopt an amendment pursuant to Section 33333.10, the redevelopment agency shall also comply with the procedures in this section. (b) Before adopting an amendment of the plan, the agency shall hold a public hearing on the proposed amendment. The notice of the public hearing shall comply with Section 33452. (c) Prior to the publication of the notice of the public hearing on the proposed amendment, the agency shall consult with each affected taxing agency with respect to the proposed amendment. At a minimum, the agency shall give each affected taxing agency the opportunity to meet with representatives of the agency for the purpose of discussing the effect of the proposed amendment upon the affected taxing agency and shall notify each affected taxing agency that any written comments from the affected taxing agency will be included in the report to the legislative body. (d) Prior to the publication of the notice of the public hearing on the proposed amendment, the agency shall consult with and obtain the advice of members of a project area committee, if a project area committee exists, and residents and community organizations and provide to those persons and organizations, including the project area committee, if any, the amendment prior to the agency’s submitting the amendment to the legislative body. In addition, the preliminary report prepared pursuant to subdivision (e) shall be made available at no cost to the project area committee, if one exists, and residents and community organizations not later than 120 days prior to holding a public hearing on the proposed amendment. (e) No later than 120 days prior to holding a public hearing on the proposed amendment, the agency shall send to each affected taxing entity, as defined in Section 33353.2, the Department of Finance, and the Department of Housing and Community Development, a preliminary report that contains all of the following: (1) A map of the project area that identifies the portion, if any, of the project area that is no longer blighted and the portion of the project area that is blighted and the portion of the project area that contains necessary and essential parcels for the elimination of the remaining blight. (2) A description of the remaining blight. (3) A description of the projects or programs proposed to eliminate the remaining blight. (4) A description of how the project or programs will improve the conditions of blight. (5) The reasons why the projects or programs cannot be completed without extending the time limits on the effectiveness of the plan and receipt of tax increment revenues. (6) The proposed method of financing these programs or projects. This description shall include the amount of tax increment revenues that is projected to be generated during the period of the extension, including amounts projected to be deposited into the Low and Moderate Income Housing Fund and amounts to be paid to affected taxing entities. This description shall also include sources and amounts of moneys other than tax increment revenues that are available to finance these projects or programs. This description shall also include the reasons that the remaining blight cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without the use of the tax increment revenues available to the agency because of the proposed amendment. (7) An amendment to the agency’s implementation plan that includes, but is not limited to, the agency’s housing responsibilities pursuant to Section 33490. However, the agency shall not be required to hold a separate public hearing on the implementation plan pursuant to subdivision (d) of Section 33490 in addition to the public hearing on the amendment to the redevelopment plan. (8) A new neighborhood impact report if required by subdivision (m) of Section 33352. (9) A description of each bond sold by the agency to finance or refinance the redevelopment project prior to six months before the date of adoption of the proposed amendment, and listing for each bond the amount of remaining principal, the annual payments, and the date that the bond will be paid in full. (f) No later than 120 days prior to holding a public hearing on the proposed amendment, the agency shall send the proposed amendment to the planning commission. If the planning commission does not report upon the amendment within 30 days after its submission by the agency, the planning commission shall be deemed to have waived its report and recommendations concerning the amendment. (g) No later than 45 days prior to the public hearing on the proposed amendment by the agency or the joint public hearing of the agency and the legislative body, the agency shall notify each affected taxing entity, the Department of Finance, the Department of Housing and Community Development, and each individual and organization that submitted comments on the preliminary report by certified mail of the public hearing, the date of the public hearing, and the proposed amendment. This notice shall be accompanied by the report required to be prepared pursuant to subdivision (h). (h) No later than 45 days prior to the public hearing on the proposed amendment by the agency or the joint public hearing by the agency and the legislative body, the agency shall adopt a report to the legislative body containing all of the following: (1) All of the information required to be contained in the preliminary report prepared pursuant to subdivision (e). (2) The report and recommendation of the planning commission. (3) A negative declaration, environmental impact report, or other document that is required in order to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code. (4) A summary of the consultations with the affected taxing entities. If any of the affected taxing entities has expressed written objections or concerns with the proposed amendment as part of these consultations, the agency shall include a detailed response to each of these concerns. (5) A summary of the consultation with residents and community organizations, including the project area committee, if any. If any resident or community organization, including the project area committee, if any, has expressed written objections or concerns with the proposed amendment as part of these consultations, the agency shall include a detailed response to each of these concerns. (i) After receiving the recommendation of the agency on the proposed amendment, and not sooner than 30 days after the submission of changes to the planning commission, the legislative body shall hold a public hearing on the proposed amendment. At the public hearing, the legislative body shall consider any objections or concerns with the proposed amendment expressed by the affected taxing entities, a project area committee, if any, residents, and community organizations. The notice of the public hearing shall comply with Section 33452. (j) As an alternative to the separate public hearing required by subdivision (i), the agency and the legislative body, with the consent of both, may hold a joint public hearing on the proposed amendment. At the public hearing, the agency and legislative body shall consider any objections or concerns with the proposed amendment expressed by the affected taxing entities, a project area committee, if any, residents, and community organizations. Notice of this public hearing shall comply with Section 33452. When a joint public hearing is held and the legislative body is also the agency, the legislative body may adopt the amended plan with no actions required of the agency. If, after the public hearing, the legislative body determines that the amendment to the plan is necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan thus amended. The ordinance adopting the amendment shall contain findings that both (1) significant blight remains within the project area, and (2) the blight cannot be eliminated without the extension of the effectiveness of the plan and receipt of tax increment revenues. (k) If an affected taxing entity, the Department of Finance, or the Department of Housing and Community Development believes that significant remaining blight does not exist within the portion of the project area designated as blighted in the report to the legislative body regarding a proposed amendment to be adopted pursuant to Section 33333.10, the affected taxing entity, the Department of Finance, or the Department of Housing and Community Development may request the Attorney General to participate in the amendment process. The affected taxing entity, the Department of Finance, or the Department of Housing and Community Development shall request this participation within 21 days after receipt of the notice of the public hearing sent pursuant to subdivision (g). The Attorney General shall determine whether or not to participate in the amendment process. The Attorney General may consult with and request the assistance of departments of the state and any other persons or groups that are interested or that have expertise in redevelopment. The Attorney General may participate in the amendment process by requesting additional information from the agency, conducting his or her own review of the project area, meeting with the agency and any affected taxing entity, submitting evidence for consideration at the public hearing, or presenting oral evidence at the public hearing. No later than five days prior to the public hearing on the proposed amendment, the Attorney General shall notify each affected taxing agency, each department that has requested the Attorney General to review the proposed amendment, and the redevelopment agency with regard to whether the Attorney General will participate in the amendment process and, if so, how he or she will participate, on their behalf. (l) The Attorney General may bring a civil action pursuant to Section 33501 to determine the validity of an amendment adopted pursuant to Section 33333.10. The Department of Finance and the Department of Housing and Community Development shall be considered interested persons for the purposes of protecting the interests of the state pursuant to Section 863 of the Code of Civil Procedure in any action brought with regard to the validity of an ordinance adopting a proposed amendment pursuant to Section 33333.10. Either department may request the Attorney General to bring an action pursuant to Section 33501 to determine the validity of an amendment adopted pursuant to Section 33333.10. Actions brought pursuant to this subdivision are in addition to any other actions that may be brought by the Attorney General or other persons. (Amended by Stats. 2010, Ch. 182, Sec. 1. (SB 1374) Effective January 1, 2011.)
  53. 33333.13.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The Glendora Community Redevelopment Agency may receive tax increment revenue from Project Area No. 3 starting in fiscal year 2008–09, subject to a stated cap and later annual increases.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.13. (a) The Legislature hereby finds and declares that the Glendora Community Redevelopment Agency’s Redevelopment Plan for Glendora Project Area No. 3, as adopted on November 23, 1976, contains an unrealistically low dollar limit on the receipt of tax increment. The Legislature further finds and declares that this limit severely restricts the ability of the Glendora Community Redevelopment Agency to address conditions of blight which remain within its Project Area No. 3. (b) Notwithstanding any other law to the contrary or any redevelopment plan previously adopted by the City of Glendora, commencing in the 2008–09 fiscal year and in each fiscal year thereafter until the expiration of the time limit on the receipt of taxes and repayment of indebtedness set forth in a redevelopment plan adopted by the City of Glendora for its Project Area No. 3 pursuant to subdivision (b) of Section 33333.6 and other applicable statutes, the Glendora Community Redevelopment Agency may receive tax increment revenue from Project Area No. 3, as a separate project area or as that area may be included in a merged or amended area, in an amount of up to the greater of either of the following fiscal year: (1) The sum of two million six hundred dollars ($2,600,000) in each fiscal year. (2) In each fiscal year, an amount equal to that amount received by the agency as gross tax increment for the 2007–08 fiscal year. (c) The limit on the amount of tax increment that may be received by the Glendora Community Redevelopment Agency from Project Area No. 3 pursuant to subdivision (b) shall be increased each fiscal year by the greater of either (1) 2 percent per year, or (2) the average percentage increase, if any, in the number of dollars of tax increment received by the Glendora Community Redevelopment Agency in the fiscal year preceding the fiscal year for which the calculation is made from each of its other redevelopment project areas with respect to which tax increment revenues were received. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 4, Sec. 13. Effective February 20, 2009.)
  54. 33333.14.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The Redevelopment Agency of the City of San Diego may receive tax increment revenue from the Centre City Redevelopment Project without a dollar limit, subject to the stated time limits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.14. (a) The Legislature hereby finds and declares that the Redevelopment Agency of the City of San Diego’s Redevelopment Plan for the Centre City Redevelopment Project, as approved and adopted on May 11, 1992, by the City Council of the City of San Diego by Ordinance No. 0-17767, as amended, contains an unrealistically low dollar limit on the receipt of tax increment. The Legislature further finds and declares that this limit severely restricts the ability of the Redevelopment Agency of the City of San Diego to address conditions of blight which remain within its Centre City Redevelopment Project. (b) Notwithstanding any other law to the contrary or any redevelopment plan previously adopted by the City of San Diego, commencing on the effective date of this section and in each fiscal year thereafter until the expiration of the time limit on the receipt of taxes and repayment of indebtedness set forth in the redevelopment plan adopted by the City of San Diego for its Centre City Redevelopment Project pursuant to subdivision (b) of Section 33333.6 and other applicable statutes, the dollar limit on the receipt of tax increment for the Centre City Redevelopment Project is eliminated, and the Redevelopment Agency of the City of San Diego may receive tax increment revenue from the Centre City Redevelopment Project without a dollar limit. (Added by Stats. 2010, Ch. 722, Sec. 7. (SB 863) Effective October 19, 2010.)
  55. 33333.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section requires certain redevelopment plans to include specific time limits and restrictions, including deadlines for debt, plan effectiveness, repayment, and eminent domain.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.2. (a) A redevelopment plan containing the provisions set forth in Section 33670 shall contain all of the following limitations. A redevelopment plan that does not contain the provisions set forth in Section 33670 shall contain the limitations in paragraph (4): (1) (A) A time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the redevelopment project, which may not exceed 20 years from the adoption of the redevelopment plan, except by amendment of the redevelopment plan as authorized by subparagraph (B). This limit, however, shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency’s housing obligations under subdivision (a) of Section 33333.8. The loans, advances, or indebtedness may be repaid over a period of time longer than this time limit as provided in this section. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the agency beyond this time limitation. This limit shall not prevent agencies from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended beyond the time limit to repay indebtedness required by this section. (B) The time limitation established by subparagraph (A) may be extended only by amendment of the redevelopment plan after the agency finds, based on substantial evidence, that (i) significant blight remains within the project area; and (ii) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 30 years from the effective date of the ordinance adopting the redevelopment plan, except as necessary to comply with subdivision (a) of Section 33333.8. (2) A time limit, not to exceed 30 years from the adoption of the redevelopment plan, on the effectiveness of the redevelopment plan. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants or contracts, unless the agency has not completed its housing obligations pursuant to subdivision (a) of Section 33333.8, in which case the agency shall retain its authority to implement requirements under subdivision (a) of Section 33333.8, including its ability to incur and pay indebtedness for this purpose, and shall use this authority to complete these housing obligations as soon as is reasonably possible. (3) A time limit, not to exceed 45 years from the adoption of the redevelopment plan, to repay indebtedness with the proceeds of property taxes received pursuant to Section 33670. After the time limit established pursuant to this paragraph, an agency may not receive property taxes pursuant to Section 33670, except as necessary to comply with subdivision (a) of Section 33333.8. (4) A time limit, not to exceed 12 years from the adoption of the redevelopment plan, for commencement of eminent domain proceedings to acquire property within the project area. This time limitation may be extended only by amendment of the redevelopment plan after the agency finds, based on substantial evidence, both of the following: (A) That significant blight remains within the project area. (B) That this blight cannot be eliminated without the use of eminent domain. (b) If a redevelopment plan is amended to add territory, the amendment shall contain the time limits required by this section. (c) When an agency is required to make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to paragraphs (2) and (3) of subdivision (a) by one year by adoption of an ordinance. In adopting this ordinance, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans. (d) When an agency is required pursuant to Section 33681.12 to make a payment to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to paragraphs (2) and (3) of subdivision (a) by the following: (1) One year for each year in which a payment is made, if the time limit for the effectiveness of the redevelopment plan established pursuant to paragraph (2) of subdivision (a) is 10 years or less from the last day of the fiscal year in which that payment is made. (2) One year for each year in which a payment is made, if both of the following apply: (A) The time limit for the effectiveness of the redevelopment plan established pursuant to paragraph (2) of subdivision (a) is more than 10 years but less than 20 years from the last day of the fiscal year in which a payment is made. (B) The legislative body determines in the ordinance adopting the amendment that, with respect to the project, all of the following apply: (i) The agency is in compliance with the requirements of Section 33334.2 or 33334.6, as applicable. (ii) The agency has adopted an implementation plan in accordance with the requirements of Section 33490. (iii) The agency is in compliance with subdivisions (a) and (b) of Section 33413, to the extent applicable. (iv) The agency is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend, encumber, or disburse an excess surplus. (3) This subdivision shall not apply to any redevelopment plan if the time limits for the effectiveness of the redevelopment plan established pursuant to paragraph (2) of subdivision (a) is more than 20 years after the last day of the fiscal year in which a payment is made. (4) The legislative body by ordinance may adopt the amendments provided for under this subdivision following a public hearing. Notice of the public hearing shall be mailed to the governing body of each of the affected taxing entities at least 30 days prior to the hearing. Notice shall also be published in a newspaper of general circulation in the community at least once, not less than 10 days prior to the date of the public hearing. The ordinance shall contain a finding of the legislative body that funds used to make a payment to the county’s Educational Revenue Augmentation Fund pursuant to Section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. In adopting an ordinance pursuant to this subdivision, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part. (e) This section shall apply only to redevelopment projects for which a final redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) on or after January 1, 1994, and to amendments that add territory and that are adopted on or after January 1, 1994. (Amended by Stats. 2006, Ch. 594, Sec. 10. Effective January 1, 2007.)
  56. 33333.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The redevelopment agency must send a notice of preparation and draft environmental impact report to each affected taxing entity, and must also send the draft report to specified agricultural-related recipients when the project area includes land in agricultural use.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.3. (a) The redevelopment agency shall send a notice of preparation and a copy of a draft environmental impact report to each affected taxing entity, as defined in Section 33353.2, prepared in accordance with the provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and regulations adopted pursuant thereto. (b) If the project area contains land in agricultural use, as defined in subdivision (b) of Section 51201 of the Government Code, the redevelopment agency shall also send a copy of the draft environmental impact report to the Department of Conservation, the county agricultural commissioner, the county farm bureau, the California Farm Bureau Federation, and agricultural entities and general farm organizations that provide a written request for notice. A separate written request for notice shall be required for each proposed redevelopment plan or amendment that adds territory. A written request for notice applicable to one redevelopment plan or amendment shall not be effective for a subsequent plan or amendment. (Amended by Stats. 1996, Ch. 617, Sec. 3. Effective January 1, 1997.)
  57. 33333.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Certain legislative bodies must adopt an ordinance with redevelopment-plan limits, including tax-allocation limits, financing time limits, and a redevelopment eminent-domain deadline.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.4. (a) Every legislative body that adopted a final redevelopment plan prior to October 1, 1976, that contains the provisions set forth in Section 33670 but does not contain all of the limitations required by Section 33333.2, shall adopt an ordinance on or before December 31, 1986, that contains all of the following: (1) A limitation on the number of dollars of taxes that may be divided and allocated to the redevelopment agency pursuant to the plan, including any amendments to the plan. Taxes shall not be divided and shall not be allocated to the redevelopment agency beyond that limitation, except as necessary to comply with subdivision (a) of Section 33333.8. (2) A time limit on the establishing of loans, advances, and indebtedness to finance in whole, or in part, the redevelopment project. No loans, advances, or indebtedness to be repaid from the allocation of taxes shall be established or incurred by the agency beyond the time limitation, except as necessary to comply with subdivision (a) of Section 33333.8. (3) A time limit, not to exceed 12 years, for commencement of eminent domain proceedings to acquire property within the project area. This time limitation may be extended only by amendment of the redevelopment plan after the agency finds, based on substantial evidence, both of the following: (A) That significant blight remains within the project area. (B) That this blight cannot be eliminated without the use of eminent domain. (b) The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans. (c) The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (g) of Section 33334.6 in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficit or to comply with subdivision (a) of Section 33333.8. In the event of a conflict between these limitations and the obligations under Section 33334.6 or subdivision (a) of Section 33333.8, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6, to permit compliance with subdivision (a) of Section 33333.8, and to allow full expenditure of moneys in the agency’s Low and Moderate Income Housing Fund in accordance with Section 33334.3. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (b). (d) This section shall not be construed to allow the impairment of any obligation or indebtedness incurred by the legislative body or the agency pursuant to this part. (e) In any litigation to challenge or attack any ordinance adopted pursuant to this section, the court shall sustain the actions of the legislative body and the agency unless the court finds those actions were arbitrary or capricious. The Legislature finds and declares that this is necessary because redevelopment agencies with project areas established prior to October 1, 1976, have incurred existing obligations and indebtedness and have adopted projects, programs, and activities with the authority to receive and pledge the entire allocation of taxes authorized by Section 33670 and that it is necessary to protect against the possible impairment of existing obligations and indebtedness and to allow the completion of adopted projects and programs. (f) The ordinance adopted by the legislative body in compliance with this section does not relieve any agency of its obligations under Section 33333.8, 33334.2, 33334.3, Article 9 (commencing with Section 33410), or any other requirement contained in this part. (g) A redevelopment plan adopted on or after October 1, 1976, and prior to January 1, 1994, containing the provisions set forth in Section 33670, shall also contain: (1) A limitation on the number of dollars of taxes that may be divided and allocated to the agency pursuant to the plan, including any amendments to the plan. Taxes shall not be divided and shall not be allocated to the agency beyond this limitation, except pursuant to amendment of the redevelopment plan, or as necessary to comply with subdivision (a) of Section 33333.8. (2) A time limit, not to exceed 12 years, for commencement of eminent domain proceedings to acquire property within the project area. This time limitation may be extended only by amendment of the redevelopment plan after the agency finds, based on substantial evidence, both of the following: (A) That significant blight remains within the project area. (B) That this blight cannot be eliminated without the use of eminent domain. (Amended by Stats. 2006, Ch. 594, Sec. 11. Effective January 1, 2007.)
  58. 33333.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    For this South Gate redevelopment plan area, the agency is exempt from certain redevelopment provisions, but South Gate must hold at least two public meetings before adoption and set up a citizens’ advisory committee that lasts at least three years.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.5. (a) With respect to the adoption of the redevelopment plan for an area of the City of South Gate with the approximate boundaries east of Atlantic Boulevard, south of Wood Avenue, north of Aldrich Road, and west of the Los Angeles River, the agency shall be exempt from the provisions of Sections 33322 to 33327, inclusive, and Section 33330 related to the addition of new territory to existing project areas. (b) Notwithstanding any other exemption granted by this section, the City of South Gate shall, prior to adoption of a redevelopment plan, conduct at least two public meetings on the proposed plan for South Gate residents and property owners. The City of South Gate shall also cause to be organized a citizens’ advisory committee comprised of residents and property owners of the project, which shall advise the agency on development strategy and plans and other matters that may affect the residents of the project area. The citizens’ advisory committee shall remain in existence for at least three years. (c) The adoption of a redevelopment plan pursuant to this section is limited to a plan that adds land into an existing redevelopment plan and does not involve a change of any general plan or zoning ordinance or grant any variance. Any change in zoning, a general plan, or a variance relating to the additional redevelopment plan area shall be subject to all applicable requirements of law. (d) Nothing in this section shall preclude the City of South Gate or its redevelopment agency from using a prior environmental impact report prepared for the site, referenced in subdivision (a), pursuant to Section 15153 of Title 14 of the California Code of Regulations. (Added by Stats. 2000, Ch. 766, Sec. 1. Effective September 27, 2000.)
  59. 33333.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section sets time limits for redevelopment plans, limits agency action after those limits expire, and requires certain plan amendments by ordinance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.6. The limitations of this section shall apply to every redevelopment plan adopted on or before December 31, 1993. (a) The effectiveness of every redevelopment plan to which this section applies shall terminate at a date that shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness, to comply with Section 33333.8 and to enforce existing covenants, contracts, or other obligations. (b) Except as provided in subdivisions (f) and (g), a redevelopment agency may not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan pursuant to subdivision (a). (c) (1) If plans that had different dates of adoption were merged on or before December 31, 1993, the time limitations required by this section shall be counted individually for each merged plan from the date of the adoption of each plan. If an amendment to a redevelopment plan added territory to the project area on or before December 31, 1993, the time limitations required by this section shall commence, with respect to the redevelopment plan, from the date of the adoption of the redevelopment plan, and, with respect to the added territory, from the date of the adoption of the amendment. (2) If plans that had different dates of adoption are merged on or after January 1, 1994, the time limitations required by this section shall be counted individually for each merged plan from the date of the adoption of each plan. (d) (1) Unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section, the legislative body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the provisions of subdivision (b) or (c). (2) The limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans. (e) (1) If a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of this limitation. (2) (A) A redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended by a legislative body by adoption of an ordinance on or after January 1, 1999, but on or before December 31, 1999, to extend the limitation, provided that the plan as so amended does not exceed the terms provided in this section. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans. (B) On or after January 1, 2002, a redevelopment plan may be amended by a legislative body by adoption of an ordinance to eliminate the time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans, except that the agency shall make the payment to affected taxing entities required by Section 33607.7. (C) When an agency is required to make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by Section 33607.7. (D) When an agency is required pursuant to Section 33681.12 to make a payment to the county auditor for deposit in the county’s Educational Revenue Augmentation Fund created pursuant to Article 3 (commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by the following: (i) One year for each year in which a payment is made, if the time limit for the effectiveness of the redevelopment plan established pursuant to subdivision (a) is 10 years or less from the last day of the fiscal year in which a payment is made. (ii) One year for each year in which a payment is made, if both of the following apply: (I) The time limit for the effectiveness of the redevelopment plan established pursuant to subdivision (a) is more than 10 years but less than 20 years from the last day of the fiscal year in which a payment is made. (II) The legislative body determines in the ordinance adopting the amendment that, with respect to the project, the agency is in compliance with Section 33334.2 or 33334.6, as applicable, has adopted an implementation plan in accordance with the requirements of Section 33490, is in compliance with subdivisions (a) and (b) of Section 33413, to the extent applicable, and is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend, encumber, or disburse an excess surplus. (iii) This subparagraph shall not apply to any redevelopment plan if the time limit for the effectiveness of the redevelopment plan established pursuant to subdivision (a) is more than 20 years after the last day of the fiscal year in which a payment is made. (3) (A) The legislative body by ordinance may adopt the amendments provided for under this paragraph following a public hearing. Notice of the public hearing shall be mailed to the governing body of each affected taxing entity at least 30 days prior to the public hearing and published in a newspaper of general circulation in the community at least once, not less than 10 days prior to the date of the public hearing. The ordinance shall contain a finding of the legislative body that funds used to make a payment to the county’s Educational Revenue Augmentation Fund pursuant to Section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the redevelopment plan. In adopting an ordinance pursuant to this paragraph, neither the legislative body nor the agency is required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans. (B) The time limit on the establishment of loans, advances, and indebtedness shall be deemed suspended and of no force or effect but only for the purpose of issuing bonds or other indebtedness the proceeds of which are used to make the payments required by Section 33681.12 if the following apply: (i) The time limit on the establishment of loans, advances, and indebtedness required by this section prior to January 1, 2002, has expired and has not been eliminated pursuant to subparagraph (B). (ii) The agency is required to make a payment pursuant to Section 33681.12. (iii) The agency determines that in order to make the payment required by Section 33681.12, it is necessary to issue bonds or incur other indebtedness. (iv) The proceeds of the bonds issued or indebtedness incurred are used solely for the purpose of making the payments required by Section 33681.12 and related costs. The suspension of the time limit on the establishment of loans, advances, and indebtedness pursuant to this subparagraph shall not require the agency to make the payment to affected taxing entities required by Section 33607.7. (4) (A) A time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the redevelopment project shall not prevent an agency from incurring debt to be paid from the agency’s Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency’s affordable housing obligations, as defined in paragraph (1) of subdivision (a) of Section 33333.8. (B) A redevelopment plan may be amended by a legislative body to provide that there shall be no time limit on the establishment of loans, advances, and indebtedness paid from the agency’s Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency’s affordable housing obligations, as defined in paragraph (1) of subdivision (a) of Section 33333.8. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with Section 33345.6, Article 12 (commencing with Section 33450), or any other provision of this part relating to the amendment of redevelopment plans, and the agency shall not make the payment to affected taxing entities required by Section 33607.7. (f) The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit the allocation of taxes to an agency to the extent required to comply with Section 33333.8. In the event of a conflict between these limitations and the obligations under Section 33333.8, the limitations established in the ordinance shall be suspended pursuant to Section 33333.8. (g) (1) This section does not effect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant to this part, prior to January 1, 1994. (2) This section does not affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the bond, indebtedness, or other obligation. (3) This section does not affect the right of an agency to receive property taxes pursuant to Section 33670 to pay refunding bonds issued to refinance, refund, or restructure indebtedness authorized prior to January 1, 1994, if the last maturity date of these refunding bonds is not later than the last maturity date of the refunded indebtedness and the sum of the total net interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds is less than the sum of the total net interest cost to maturity on the refunded indebtedness plus the principal amount of the refunded indebtedness. (h) A redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670, with respect to a redevelopment plan adopted prior to January 1, 1994, after the date identified in subdivision (b) or the date identified in the redevelopment plan, whichever is earlier, except as provided in paragraph (2) of subdivision (e), in subdivision (g), or in Section 33333.8. (i) The Legislature finds and declares that the amendments made to this section by Chapter 942 of the Statutes of 1993 are intended to add limitations to the law on and after January 1, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date. It is not the intent of the Legislature to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January 1, 1994. (j) If a redevelopment plan is amended to add territory, the amendment shall contain the time limits required by Section 33333.2. (Amended by Stats. 2006, Ch. 538, Sec. 389. Effective January 1, 2007.)
  60. 33333.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The San Francisco redevelopment agency may keep borrowing authority for certain low- and moderate-income housing activities only with Board approval, while revenues and spending are capped and some annual certifications are required.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.7. (a) Notwithstanding the time limits in paragraph (1) of subdivision (a) of Section 33333.6, as that paragraph (1) read on December 31, 2001, the Redevelopment Agency of the City and County of San Francisco may, subject to the approval of the Board of Supervisors of the City and County of San Francisco, retain its ability to incur indebtedness exclusively for Low and Moderate Income Housing Fund activities eligible under Sections 33334.2 and 33334.3 until January 1, 2014, or until the agency replaces all of the housing units demolished prior to the enactment of the replacement housing obligations in Chapter 970 of the Statutes of 1975, whichever occurs earlier. The ability of the agency to receive tax increment revenues to repay indebtedness incurred for these Low and Moderate Income Housing Fund activities may be extended until no later than January 1, 2044. Nothing in this paragraph shall be construed to extend a plan’s effectiveness, except to incur additional indebtedness for Low and Moderate Income Housing Fund activities, to pay previously incurred indebtedness, and to enforce existing covenants, contracts, or other obligations. (b) Annual revenues shall not exceed the amount necessary to fund the Low and Moderate Income Housing Fund activities of the agency. The agency shall neither collect nor spend more than 10 percent for the planning and administrative costs authorized pursuant to subdivision (e) of Section 33334.3. Revenues received under this paragraph shall not exceed the amount of tax increment received and allocated to the agency pursuant to the plan, as it has been amended, less the amount necessary to pay prior outstanding indebtedness, and less the amount of the project area’s property tax revenue that school entities are entitled to receive pursuant to Chapter 3 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code if the plan had not been amended. Additionally, revenues collected under this paragraph are subject to the payments to affected taxing entities pursuant to Section 33607. (c) The activities conducted with revenues received under this paragraph shall be consistent with the policies and objectives of the community’s housing element, as reviewed and approved by the department, and shall address the unmet housing needs of very low, low- and moderate-income households. The activities shall also be consistent with the community’s most recently approved consolidated and annual action plans submitted to the United States Department of Housing and Urban Development, and if the director deems it necessary, the annual action plans shall be submitted to the department on an annual basis. No less than 50 percent of the revenues received shall be devoted to assisting in the development of housing that is affordable to very low income households. (d) The agency shall not incur any indebtedness pursuant to this paragraph until the director certifies, after consulting with the agency, the net difference between the number of housing units affordable to persons and families of low and moderate income that the agency destroyed or removed prior to January 1, 1976, and the number of housing units affordable to persons and families of low and moderate income that the agency rehabilitated, developed, or constructed, or caused to be rehabilitated, developed, or constructed within the project areas adopted prior to January 1, 1976. (e) The agency shall not incur any indebtedness pursuant to this paragraph unless the director of the department certifies annually, prior to the creation of indebtedness, all of the following: (1) The community has a current housing element that substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (2) The community’s housing element indicates an unmet need for Low and Moderate Income Housing Fund activities. (3) The agency’s most recent independent financial audit report prepared pursuant to Section 33080.1 reports acceptable findings and no major violations of this part. (4) The agency has complied with subdivision (a) of Section 33334.2. (5) The agency has met the requirements of this part with respect to the provision of dwelling units for persons and families of low or moderate income, including, but not limited to, the requirements of Section 33413. (Amended by Stats. 2001, Ch. 741, Sec. 6. Effective January 1, 2002.)
  61. 33333.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment agencies must satisfy specified affordable housing obligations before certain redevelopment plan deadlines, and a project area cannot be terminated if those obligations are unmet.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33333.8. (a) Every redevelopment agency shall comply with and fulfill its obligations with regard to the provision of affordable housing as required by this part prior to the time limit on the effectiveness of the redevelopment plan established pursuant to Sections 33333.2, 33333.6, and 33333.10, and before the agency exceeds a limit on the number of dollars of taxes that may be divided and allocated to the redevelopment agency if required by Section 33333.4 or the limit on the number of dollars of taxes in a redevelopment plan. A legislative body may not adopt an ordinance terminating a redevelopment project area if the agency has not complied with its affordable housing obligations. Notwithstanding any other provision of law, this section shall apply to each redevelopment agency and each redevelopment project area established or merged pursuant to this part and Part 1.5 (commencing with Section 34000), including project areas authorized pursuant to this chapter and each individual project area that is authorized pursuant to any other provision of law. (1) The affordable housing obligations specified in subdivision (a) shall include all of the following: (A) The obligation to make deposits to and expenditures from the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, 33334.4, 33334.6, 33487, 33492.16, and other similar and related statutes. (B) The obligation to eliminate project deficits pursuant to Sections 33334.6, 33487, 33492.16, and other similar and related statutes. (C) The obligation to expend or transfer excess surplus funds pursuant to Section 33334.12 and other similar and related statutes. (D) The obligation to provide relocation assistance pursuant to Article 9 (commencing with Section 33410), Section 7260 of the Government Code, or other applicable relocation laws. (E) The obligation to provide replacement housing pursuant to subdivision (a) of Section 33413, Article 9 (commencing with Section 33410), and other similar and related statutes. (F) The obligation to provide inclusionary housing pursuant to Section 33413 and other similar and related statutes and ordinances. (2) A redevelopment agency shall not adopt an ordinance terminating a redevelopment project area if the agency has not complied with these obligations. (b) If, on the date of the time limit on the effectiveness of the redevelopment plan, a redevelopment agency has not complied with subdivision (a), the time limit on the effectiveness of the redevelopment plan, and, if necessary, the time limit for repayment of indebtedness, shall be suspended until the agency has complied with subdivision (a). In addition, the agency shall receive and use all tax increment funds that are not pledged to repay indebtedness until the agency has fully complied with its obligations. (c) If, on the date of the time limit on the repayment of indebtedness, the agency has not complied with subdivision (a), the time limit on the repayment of indebtedness shall be suspended until the agency has complied with subdivision (a). In addition, the agency shall receive and use tax increment funds until the agency has fully complied with its obligations. (d) If, on the date of the time limit on the repayment of indebtedness, the agency has complied with its obligations under subdivision (a) and has moneys remaining in the Low and Moderate Income Housing Fund, the agency shall transfer the remaining moneys to a low and moderate income housing fund or account for a different project area within the agency’s jurisdiction, if one exists, or if a different project area does not exist, the agency shall either transfer the remaining moneys to a special fund of the community or to the community or county housing authority. The community, community housing authority, or county housing authority to which the remaining moneys are transferred shall utilize the moneys for the purposes of, and subject to the same restrictions that are applicable to, the redevelopment agency under this part. (e) If a redevelopment plan provides a limit on the total amount of tax increment funds that may be received by a redevelopment agency for any project area, and if that limit is reached prior to the agency complying with its obligations pursuant to subdivision (a), that limit is suspended until the agency has complied with subdivision (a) and the agency shall receive and use tax increment funds until the agency has fully complied with its obligations. (f) If an agency fails to comply with its obligations pursuant to this section, any person may seek judicial relief. The court shall require the agency to take all steps necessary to comply with those obligations, including, as necessary, the adoption of ordinances, to incur debt, to obtain tax increments, to expend tax increments, and to enter into contracts as necessary to meet its housing obligations under this part. (Amended by Stats. 2002, Ch. 782, Sec. 3. Effective January 1, 2003.)
  62. 33334.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Every redevelopment plan must generally describe how the project area’s redevelopment will be financed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334. Every redevelopment plan shall describe generally the proposed method of financing the redevelopment of the project area. (Amended by Stats. 1969, Ch. 1561.)
  63. 33334.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment plan authorizes bonds repaid from tax allocations, it must set a cap on how much bonded debt can be outstanding at once.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.1. If the plan authorizes the issuance of bonds to be repaid in whole or in part from the allocation of taxes pursuant to Section 33670, the plan shall establish a limit on the amount of bonded indebtedness which can be outstanding at one time without an amendment of the plan. This section shall apply only to redevelopment plans adopted on or after October 1, 1976. (Added by Stats. 1976, Ch. 1337.)
  64. 33334.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may adopt a housing-fund expenditure plan within six months after a fiscal year ends if excess surplus accumulated, and it must separately track each excess surplus.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.10. (a) Except as otherwise provided in this subdivision, not later than six months following the close of any fiscal year of an agency in which excess surplus accumulates in the agency’s Low and Moderate Income Housing Fund, the agency may adopt a plan pursuant to this section for expenditure of all moneys in the Low and Moderate Income Housing Fund within five years from the end of that fiscal year. The plan may be general and need not be site-specific, but shall include objectives respecting the number and type of housing to be assisted, identification of the entities, which will administer the plan, alternative means of ensuring the affordability of housing units for the longest feasible time, as specified in subdivision (e) of Section 33334.3 the income groups to be assisted, and a schedule by fiscal year for expenditure of the excess surplus. (b) The agency shall separately account for each excess surplus either as part of or in addition to a Low and Moderate Income Housing Fund. (c) If the agency develops a plan for expenditure of excess surplus or other moneys in the Low and Moderate Income Housing Fund, a copy of that plan and any amendments thereto shall be included in the agency’s annual report required by Article 6 (commencing with Section 33080). (Added by Stats. 1988, Ch. 1565, Sec. 3.)
  65. 33334.12.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If an agency’s excess surplus is not spent or encumbered in time, it must transfer it or spend it within the stated deadlines, and later it can face sanctions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.12. (a) (1) Upon failure of the agency to expend or encumber excess surplus in the Low and Moderate Income Housing Fund within one year from the date the moneys become excess surplus, as defined in paragraph (1) of subdivision (g), the agency shall do either of the following: (A) Disburse voluntarily its excess surplus to the county housing authority or to another public agency exercising housing development powers within the territorial jurisdiction of the agency in accordance with subdivision (b). (B) Expend or encumber its excess surplus within two additional years. (2) If an agency, after three years has elapsed from the date that the moneys become excess surplus, has not expended or encumbered its excess surplus, the agency shall be subject to sanctions pursuant to subdivision (e), until the agency has expended or encumbered its excess surplus plus an additional amount, equal to 50 percent of the amount of the excess surplus that remains at the end of the three-year period. The additional expenditure shall not be from the agency’s Low and Moderate Income Housing Fund, but shall be used in a manner that meets all requirements for expenditures from that fund. (b) The housing authority or other public agency to which the money is transferred shall utilize the moneys for the purposes of, and subject to the same restrictions that are applicable to, the redevelopment agency under this part, and for that purpose may exercise all of the powers of a housing authority under Part 2 (commencing with Section 34200) to an extent not inconsistent with these limitations. (c) Notwithstanding Section 34209 or any other provision of law, for the purpose of accepting a transfer of, and using, moneys pursuant to this section, the housing authority of a county or other public agency may exercise its powers within the territorial jurisdiction of a city redevelopment agency located in that county. (d) The amount of excess surplus that shall be transferred to the housing authority or other public agency because of a failure of the redevelopment agency to expend or encumber excess surplus within one year shall be the amount of the excess surplus that is not so expended or encumbered. The housing authority or other public agency to which the moneys are transferred shall expend or encumber these moneys for authorized purposes not later than three years after the date these moneys were transferred from the Low and Moderate Income Housing Fund. (e) (1) Until a time when the agency has expended or encumbered excess surplus moneys pursuant to subdivision (a), the agency shall be prohibited from encumbering any funds or expending any moneys derived from any source, except that the agency may encumber funds and expend moneys to pay the following obligations, if any, that were incurred by the agency prior to three years from the date the moneys became excess surplus: (A) Bonds, notes, interim certificates, debentures, or other obligations issued by an agency, whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640). (B) Loans or moneys advanced to the agency, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (C) Contractual obligations which, if breached, could subject the agency to damages or other liabilities or remedies. (D) Obligations incurred pursuant to Section 33445. (E) Indebtedness incurred pursuant to Section 33334.2 or 33334.6. (F) Obligations incurred pursuant to Section 33401. (G) An amount, to be expended for the operation and administration of the agency, that may not exceed 75 percent of the amount spent for those purposes in the preceding fiscal year. (2) This subdivision shall not be construed to prohibit the expenditure of excess surplus funds or other funds to meet the requirement in paragraph (2) of subdivision (a) that the agency spend or encumber excess surplus funds, plus an amount equal to 50 percent of excess surplus, prior to spending or encumbering funds for any other purpose. (f) Nothing in this section shall be construed to limit any authority a redevelopment agency may have under other provisions of this part to contract with a housing authority for increasing or improving the community’s supply of low- and moderate-income housing. (g) For purposes of this section: (1) “Excess surplus” means any unexpended and unencumbered amount in an agency’s Low and Moderate Income Housing Fund that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the Low and Moderate Income Housing Fund pursuant to Sections 33334.2 and 33334.6 during the agency’s preceding four fiscal years. The first fiscal year to be included in this computation is the 1989–90 fiscal year, and the first date on which an excess surplus may exist is July 1, 1994. (2) Moneys shall be deemed encumbered if committed pursuant to a legally enforceable contract or agreement for expenditure for purposes specified in Section 33334.2 or 33334.3. (3) (A) For purposes of determining whether an excess surplus exists, it is the intent of the Legislature to give credit to agencies which convey land for less than fair market value, on which low- and moderate-income housing is built or is to be built if at least 49 percent of the units developed on the land are available at affordable housing cost to lower income households for at least the time specified in subdivision (e) of Section 33334.3, and otherwise comply with all of the provisions of this division applicable to expenditures of moneys from a low- and moderate-income housing fund established pursuant to Section 33334.3. Therefore, for the sole purpose of determining the amount, if any, of an excess surplus, an agency may make the following calculation: if an agency sells, leases, or grants land acquired with moneys from the Low and Moderate Income Housing Fund, established pursuant to Section 33334.3, for an amount which is below fair market value, and if at least 49 percent of the units constructed or rehabilitated on the land are affordable to lower income households, as defined in Section 50079.5, the difference between the fair market value of the land and the amount the agency receives may be subtracted from the amount of moneys in an agency’s Low and Moderate Income Housing Fund. (B) If taxes that are deposited in the Low and Moderate Income Housing Fund are used as security for bonds or other indebtedness, the proceeds of the bonds or other indebtedness, and income and expenditures related to those proceeds, shall not be counted in determining whether an excess surplus exists. The unspent portion of the proceeds of bonds or other indebtedness, and income related thereto, shall be excluded from the calculation of the unexpended and unencumbered amount in the Low and Moderate Income Housing Fund when determining whether an excess surplus exists. (C) Nothing in this subdivision shall be construed to restrict the authority of an agency provided in any other provision of this part to expend funds from the Low and Moderate Income Housing Fund. (D) The department shall develop and periodically revise the methodology to be used in the calculation of excess surplus as required by this section. The director shall appoint an advisory committee to advise in the development of this methodology. The advisory committee shall include department staff, affordable housing advocates, and representatives of the California Redevelopment Association, the California Society of Certified Public Accountants, the Controller, and any other authorities or persons interested in the field that the director deems necessary and appropriate. (h) Communities in which an agency has disbursed excess surplus funds pursuant to this section shall not disapprove a low- or moderate-income housing project funded in whole or in part by the excess surplus funds if the project is consistent with applicable building codes and the land use designation specified in any element of the general plan as it existed on the date the application was deemed complete. A local agency may require compliance with local development standards and policies appropriate to and consistent with meeting the quantified objectives relative to the development of housing, as required in housing elements of the community pursuant to subdivision (b) of Section 65583 of the Government Code. (i) Notwithstanding subdivision (a), any agency that has funds that become excess surplus on July 1, 1994, shall have, pursuant to subdivision (a), until January 1, 1995, to decide to transfer the funds to a housing authority or other public agency, or until January 1, 1997, to expend or encumber those funds, or face sanctions pursuant to subdivision (e). (Amended by Stats. 1999, Ch. 442, Sec. 5. Effective January 1, 2000.)
  66. 33334.13.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must use certain fund money to support affordable housing within two years, keep qualifying units affordable for at least 30 years, and report compliance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.13. (a) Notwithstanding Sections 50079.5, 50093, and 50105, for purposes of providing assistance to mortgagors participating in a homeownership residential mortgage revenue bond program pursuant to Section 33750, or a home financing program pursuant to Section 52020, or a California Housing Finance Agency home financing program, “area median income” means the highest of the following: (1) Statewide median household income. (2) Countywide median household income. (3) Median family income for the area, as determined by the United States Department of Housing and Urban Development with respect to either a standard metropolitan statistical area or an area outside of a standard metropolitan statistical area. Nothing in Section 50093 shall prevent the agency from adopting separate family size adjustment factors or programmatic definitions of income to qualify households, persons, and families for the programs of the agency. (b) To the extent that any portion of the Low and Moderate Income Housing Fund is expended to provide assistance to mortgagors participating in programs whose income exceeds that of persons and families of low or moderate income, as defined in Section 50093, the agency shall, within two years, expend or enter into a legally enforceable agreement to expend twice that sum exclusively to increase and improve the community’s supply of housing available at affordable housing cost, as defined in Section 50052.5, to lower income households, as defined in Section 50079.5, of which at least 50 percent shall be very low income households, as defined in Section 50105. (c) In addition to the requirements of subdivision (c) of Section 33413, the agency shall require that the lower and very low income dwelling units developed pursuant to this subdivision remain available at affordable housing cost to lower and very low income households for at least 30 years, except as to dwelling units developed with the assistance of federal or state subsidy programs which terminate in a shorter period and cannot be extended or renewed. (d) The agency shall include within the report required by Section 33080 information with respect to compliance by the agency with the requirements of this subdivision. (Added by Stats. 1990, Ch. 31, Sec. 7. Effective March 26, 1990.)
  67. 33334.14.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may subordinate certain covenants or restrictions in specified financing and housing situations, and some merged-project agencies may use funds as permitted by related sections, but they cannot use this provision to avoid or reduce required tax deposits.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.14. (a) The covenants or restrictions imposed by the agency pursuant to subdivision (f) of Section 33334.3 may be subordinated under any of the following alternatives: (1) To a lien, encumbrance, or regulatory agreement under a federal or state program when a federal or state agency is providing financing, refinancing, or other assistance to the housing units or parcels, if the federal or state agency refuses to consent to the seniority of the agency’s covenant or restriction on the basis that it is required to maintain its lien, encumbrance, or regulatory agreement or restrictions due to statutory or regulatory requirements, adopted or approved policies, or other guidelines pertaining to the financing, refinancing, or other assistance of the housing units or parcels. (2) To a lien, encumbrance, or regulatory agreement of a lender other than the agency or from a bond issuance providing financing, refinancing, or other assistance of owner-occupied units or parcels where the agency makes a finding that an economically feasible alternative method of financing, refinancing, or assisting the units or parcels on substantially comparable terms and conditions, but without subordination, is not reasonably available. (3) To an existing lien, encumbrance, or regulatory agreement of a lender other than the agency or from a bond issuance providing financing, refinancing, or other assistance of rental units, where the agency’s funds are utilized for rehabilitation of the rental units. (4) To a lien, encumbrance, or regulatory agreement of a lender other than the agency or from a bond issuance providing financing, refinancing, or other assistance of rental units or parcels where the agency makes a finding that an economically feasible alternative method of financing, refinancing, or assisting the units or parcels on substantially comparable terms and conditions, but without subordination, is not reasonably available, and where the agency obtains written commitments reasonably designed to protect the agency’s investment in the event of default, including, but not limited to, any of the following: (A) A right of the agency to cure a default on the loan. (B) A right of the agency to negotiate with the lender after notice of default from the lender. (C) An agreement that if prior to foreclosure of the loan, the agency takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the agency. (D) A right of the agency to purchase property from the owner at any time after a default on the loan. (b) Notwithstanding the definition of “construction and rehabilitation” in subdivision (a) of Section 33487, an agency that has merged redevelopment projects pursuant to Article 16 (commencing with Section 33485) of Chapter 4, and that is required to deposit taxes into the Low and Moderate Income Housing Fund pursuant to subdivision (a) of Section 33487, may use any of the funds for the purposes and in the manner permitted by Sections 33334.2 and 33334.3. Nothing in this subdivision shall allow an agency with merged project areas pursuant to Article 16 (commencing with Section 33485) to utilize the provisions of paragraph (1), (2), or (3) of subdivision (a) of Section 33334.2 so as to avoid or reduce its obligations to deposit taxes from merged project areas into the Low and Moderate Income Housing Fund. (Amended by Stats. 2009, Ch. 632, Sec. 5. (SB 251) Effective January 1, 2010.)
  68. 33334.15.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A subsidy under this section may cover part of the principal and interest on bonds used to finance housing, if the agency contracts to pass the benefit through as lower housing costs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.15. Subsidies provided pursuant to paragraph (8) of subdivision (e) of Section 33334.2 may include payment of a portion of the principal and interest on bonds issued by a public agency to finance housing for persons and families specified in that paragraph if the agency ensures by contract that the benefit of the subsidy will be passed on to those persons and families in the form of lower housing costs. (Added by Stats. 1989, Ch. 1155, Sec. 1.)
  69. 33334.16.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must start development-related activity for certain property within five years; otherwise, the legislative body may extend retention once, and the property must be sold if development still has not begun by the end of the extended period.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.16. For each interest in real property acquired using moneys from the Low and Moderate Income Housing Fund, the agency shall, within five years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose. These activities may include, but are not limited to, zoning changes or agreements entered into for the development and disposition of the property. If these activities have not been initiated within this period, the legislative body may, by resolution, extend the period during which the agency may retain the property for one additional period not to exceed five years. The resolution of extension shall affirm the intention of the legislative body that the property be used for the development of housing affordable to persons and families of low and moderate income. In the event that physical development of the property for this purpose has not begun by the end of the extended period, or if the agency does not comply with this requirement, the property shall be sold and the moneys from the sale, less reimbursement to the agency for the cost of the sale, shall be deposited in the agency’s Low and Moderate Income Housing Fund. (Added by Stats. 1990, Ch. 1350, Sec. 6. Effective September 26, 1990.)
  70. 33334.19.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section lets an agency take several actions to increase, improve, and preserve low- and moderate-income housing in a transit village plan, and it sets conditions for how related housing obligations and funds must be handled.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.19. (a) Notwithstanding Section 33670 or any other provision of this division, an agency may increase, improve, and preserve the supply of low- and moderate-income housing located within a transit village plan adopted pursuant to the Transit Village Development Planning Act of 1994, Article 8.5 (commencing with Section 65460) of Chapter 3 of Division 1 of Title 7 of the Government Code, and is within its territorial limits but outside of a project area. In the event that the agency seeks to comply with any of its obligations under Section 33413 under a transit village plan, it shall provide two units outside of a project area, both of which shall be at the same level of affordability as, and otherwise comply with, all requirements pertaining to the unit that would otherwise have been available inside a project area. (b) To implement subdivision (a), an agency may increase, improve, and preserve the supply of low- and moderate-income housing which is located within a transit village plan with funds from the Low and Moderate Income Housing Fund. In using these funds, the agency shall comply with all requirements of the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). (c) To implement subdivision (a), notwithstanding subdivision (a) of Section 33670, an agency may determine the location and character of any residential construction which is located within a transit village plan and which is to be financed pursuant to Chapter 8 (commencing with Section 33750) and may make mortgage or construction loans to participating parties through qualified mortgage lenders, or purchase mortgage or construction loans without premium made by qualified mortgage lenders to participating parties, for financing residential construction of multifamily rental units located within a transit village plan. (d) Expenditures from the Low and Moderate Income Housing Fund pursuant to this section shall be deemed to be part of the agency’s redevelopment plans, as if those redevelopment plans had been amended to include those expenditures, and the agency is not required to comply with Article 12 (commencing with Section 33450). The Legislature hereby deems those expenditures to benefit the agency’s project areas. (Added by Stats. 1994, Ch. 780, Sec. 2. Effective January 1, 1995.)
  71. 33334.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency must spend at least 20% of allocated taxes on low- and moderate-income housing, unless a stated annual finding allows a different treatment.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.2. (a) Except as provided in subdivision (k), not less than 20 percent of all taxes that are allocated to the agency pursuant to Section 33670 shall be used by the agency for the purposes of increasing, improving, and preserving the community’s supply of low- and moderate-income housing available at affordable housing cost, as defined by Section 50052.5, to persons and families of low or moderate income, as defined in Section 50093, lower income households, as defined by Section 50079.5, very low income households, as defined in Section 50105, and extremely low income households, as defined by Section 50106, that is occupied by these persons and families, unless one of the following findings is made annually by resolution: (1) (A) That no need exists in the community to improve, increase, or preserve the supply of low- and moderate-income housing, including housing for very low income households in a manner that would benefit the project area and that this finding is consistent with the housing element of the community’s general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, including its share of the regional housing needs of very low income households and persons and families of low or moderate income. (B) This finding shall only be made if the housing element of the community’s general plan demonstrates that the community does not have a need to improve, increase, or preserve the supply of low- and moderate-income housing available at affordable housing cost to persons and families of low or moderate income and to very low income households. This finding shall only be made if it is consistent with the planning agency’s annual report to the legislative body on implementation of the housing element required by subdivision (b) of Section 65400 of the Government Code. No agency of a charter city shall make this finding unless the planning agency submits the report pursuant to subdivision (b) of Section 65400 of the Government Code. This finding shall not take effect until the agency has complied with subdivision (b) of this section. (2) (A) That some stated percentage less than 20 percent of the taxes that are allocated to the agency pursuant to Section 33670 is sufficient to meet the housing needs of the community, including its share of the regional housing needs of persons and families of low- or moderate-income and very low income households, and that this finding is consistent with the housing element of the community’s general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (B) This finding shall only be made if the housing element of the community’s general plan demonstrates that a percentage of less than 20 percent will be sufficient to meet the community’s need to improve, increase, or preserve the supply of low- and moderate-income housing available at affordable housing cost to persons and families of low or moderate income and to very low income households. This finding shall only be made if it is consistent with the planning agency’s annual report to the legislative body on implementation of the housing element required by subdivision (b) of Section 65400 of the Government Code. No agency of a charter city shall make this finding unless the planning agency submits the report pursuant to subdivision (b) of Section 65400 of the Government Code. This finding shall not take effect until the agency has complied with subdivision (b) of this section. (C) For purposes of making the findings specified in this paragraph and paragraph (1), the housing element of the general plan of a city, county, or city and county shall be current, and shall have been determined by the department pursuant to Section 65585 to be in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (3) (A) That the community is making a substantial effort to meet its existing and projected housing needs, including its share of the regional housing needs, with respect to persons and families of low and moderate income, particularly very low income households, as identified in the housing element of the community’s general plan required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, and that this effort, consisting of direct financial contributions of local funds used to increase and improve the supply of housing affordable to, and occupied by, persons and families of low or moderate income and very low income households is equivalent in impact to the funds otherwise required to be set aside pursuant to this section. In addition to any other local funds, these direct financial contributions may include federal or state grants paid directly to a community and that the community has the discretion of using for the purposes for which moneys in the Low and Moderate Income Housing Fund may be used. The legislative body shall consider the need that can be reasonably foreseen because of displacement of persons and families of low or moderate income or very low income households from within, or adjacent to, the project area, because of increased employment opportunities, or because of any other direct or indirect result of implementation of the redevelopment plan. No finding under this subdivision may be made until the community has provided or ensured the availability of replacement dwelling units as defined in Section 33411.2 and until it has complied with Article 9 (commencing with Section 33410). (B) In making the determination that other financial contributions are equivalent in impact pursuant to this subdivision, the agency shall include only those financial contributions that are directly related to programs or activities authorized under subdivision (e). (C) The authority for making the finding specified in this paragraph shall expire on June 30, 1993, except that the expiration shall not be deemed to impair contractual obligations to bondholders or private entities incurred prior to May 1, 1991, and made in reliance on the provisions of this paragraph. Agencies that make this finding after June 30, 1993, shall show evidence that the agency entered into the specific contractual obligation with the specific intention of making a finding under this paragraph in order to provide sufficient revenues to pay off the indebtedness. (b) Within 10 days following the making of a finding under either paragraph (1) or (2) of subdivision (a), the agency shall send the Department of Housing and Community Development a copy of the finding, including the factual information supporting the finding and other factual information in the housing element that demonstrates that either (1) the community does not need to increase, improve, or preserve the supply of housing for low- and moderate-income households, including very low income households, or (2) a percentage less than 20 percent will be sufficient to meet the community’s need to improve, increase, and preserve the supply of housing for low- and moderate-income households, including very low income households. Within 10 days following the making of a finding under paragraph (3) of subdivision (a), the agency shall send the Department of Housing and Community Development a copy of the finding, including the factual information supporting the finding that the community is making a substantial effort to meet its existing and projected housing needs. Agencies that make this finding after June 30, 1993, shall also submit evidence to the department of its contractual obligations with bondholders or private entities incurred prior to May 1, 1991, and made in reliance on this finding. (c) In any litigation to challenge or attack a finding made under paragraph (1), (2), or (3) of subdivision (a), the burden shall be upon the agency to establish that the finding is supported by substantial evidence in light of the entire record before the agency. If an agency is determined by a court to have knowingly misrepresented any material facts regarding the community’s share of its regional housing need for low- and moderate-income housing, including very low income households, or the community’s production record in meeting its share of the regional housing need pursuant to the report required by subdivision (b) of Section 65400 of the Government Code, the agency shall be liable for all court costs and plaintiff’s attorney’s fees, and shall be required to allocate not less than 25 percent of the agency’s tax increment revenues to its Low and Moderate Income Housing Fund in each year thereafter. (d) Nothing in this section shall be construed as relieving any other public entity or entity with the power of eminent domain of any legal obligations for replacement or relocation housing arising out of its activities. (e) In carrying out the purposes of this section, the agency may exercise any or all of its powers for the construction, rehabilitation, or preservation of affordable housing for extremely low, very low, low- and moderate-income persons or families, including the following: (1) Acquire real property or building sites subject to Section 33334.16. (2) (A) Improve real property or building sites with onsite or offsite improvements, but only if both (i) the improvements are part of the new construction or rehabilitation of affordable housing units for low- or moderate-income persons that are directly benefited by the improvements, and are a reasonable and fundamental component of the housing units, and (ii) the agency requires that the units remain available at affordable housing cost to, and occupied by, persons and families of extremely low, very low, low, or moderate income for the same time period and in the same manner as provided in subdivision (c) and paragraph (2) of subdivision (f) of Section 33334.3. (B) If the newly constructed or rehabilitated housing units are part of a larger project and the agency improves or pays for onsite or offsite improvements pursuant to the authority in this subdivision, the agency shall pay only a portion of the total cost of the onsite or offsite improvement. The maximum percentage of the total cost of the improvement paid for by the agency shall be determined by dividing the number of housing units that are affordable to low- or moderate-income persons by the total number of housing units, if the project is a housing project, or by dividing the cost of the affordable housing units by the total cost of the project, if the project is not a housing project. (3) Donate real property to private or public persons or entities. (4) Finance insurance premiums pursuant to Section 33136. (5) Construct buildings or structures. (6) Acquire buildings or structures. (7) Rehabilitate buildings or structures. (8) Provide subsidies to, or for the benefit of, extremely low income households, as defined by Section 50106, very low income households, as defined by Section 50105, lower income households, as defined by Section 50079.5, or persons and families of low or moderate income, as defined by Section 50093, to the extent those households cannot obtain housing at affordable costs on the open market. Housing units available on the open market are those units developed without direct government subsidies. (9) Develop plans, pay principal and interest on bonds, loans, advances, or other indebtedness, or pay financing or carrying charges. (10) Maintain the community’s supply of mobilehomes. (11) Preserve the availability to lower income households of affordable housing units in housing developments that are assisted or subsidized by public entities and that are threatened with imminent conversion to market rates. (f) The agency may use these funds to meet, in whole or in part, the replacement housing provisions in Section 33413. However, nothing in this section shall be construed as limiting in any way the requirements of that section. (g) (1) The agency may use these funds inside or outside the project area. The agency may only use these funds outside the project area upon a resolution of the agency and the legislative body that the use will be of benefit to the project. The determination by the agency and the legislative body shall be final and conclusive as to the issue of benefit to the project area. The Legislature finds and declares that the provision of replacement housing pursuant to Section 33413 is always of benefit to a project. Unless the legislative body finds, before the redevelopment plan is adopted, that the provision of low- and moderate-income housing outside the project area will be of benefit to the project, the project area shall include property suitable for low- and moderate-income housing. (2) (A) The Contra Costa County Redevelopment Agency may use these funds anywhere within the unincorporated territory, or within the incorporated limits of the City of Walnut Creek on sites contiguous to the Pleasant Hill BART Station Area Redevelopment Project area. The agency may only use these funds outside the project area upon a resolution of the agency and board of supervisors determining that the use will be of benefit to the project area. In addition, the agency may use these funds within the incorporated limits of the City of Walnut Creek only if the agency and the board of supervisors find all of the following: (i) Both the County of Contra Costa and the City of Walnut Creek have adopted and are implementing complete and current housing elements of their general plans that the Department of Housing and Community Development has determined to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (ii) The development to be funded shall not result in any residential displacement from the site where the development is to be built. (iii) The development to be funded shall not be constructed in an area that currently has more than 50 percent of its population comprised of racial minorities or low-income families. (iv) The development to be funded shall allow construction of affordable housing closer to a rapid transit station than could be constructed in the unincorporated territory outside the Pleasant Hill BART Station Area Redevelopment Project. (B) If the agency uses these funds within the incorporated limits of the City of Walnut Creek, all of the following requirements shall apply: (i) The funds shall be used only for the acquisition of land for, and the design and construction of, the development of housing containing units affordable to, and occupied by, low- and moderate-income persons. (ii) If less than all the units in the development are affordable to, and occupied by, low- or moderate-income persons, any agency assistance shall not exceed the amount needed to make the housing affordable to, and occupied by, low- or moderate-income persons. (iii) The units in the development that are affordable to, and occupied by, low- or moderate-income persons shall remain affordable for a period of at least 55 years. (iv) The agency and the City of Walnut Creek shall determine, if applicable, whether Article XXXIV of the California Constitution permits the development. (h) The Legislature finds and declares that expenditures or obligations incurred by the agency pursuant to this section shall constitute an indebtedness of the project. (i) This section shall only apply to taxes allocated to a redevelopment agency for which a final redevelopment plan is adopted on or after January 1, 1977, or for any area that is added to a project by an amendment to a redevelopment plan, which amendment is adopted on or after the effective date of this section. An agency may, by resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project for which a redevelopment plan was adopted prior to January 1, 1977, subject to any indebtedness incurred prior to the election. (j) (1) (A) An action to compel compliance with the requirement of Section 33334.3 to deposit not less than 20 percent of all taxes that are allocated to the agency pursuant to Section 33670 in the Low and Moderate Income Housing Fund shall be commenced within 10 years of the alleged violation. A cause of action for a violation accrues on the last day of the fiscal year in which the funds were required to be deposited in the Low and Moderate Income Housing Fund. (B) An action to compel compliance with the requirement of this section or Section 33334.6 that money deposited in the Low and Moderate Income Housing Fund be used by the agency for purposes of increasing, improving, and preserving the community’s supply of low- and moderate-income housing available at affordable housing cost shall be commenced within 10 years of the alleged violation. A cause of action for a violation accrues on the date of the actual expenditure of the funds. (C) An agency found to have deposited less into the Low and Moderate Income Housing Fund than mandated by Section 33334.3 or to have spent money from the Low and Moderate Income Housing Fund for purposes other than increasing, improving, and preserving the community’s supply of low- and moderate-income housing, as mandated, by this section or Section 33334.6 shall repay the funds with interest in one lump sum pursuant to Section 970.4 or 970.5 of the Government Code or may do either of the following: (i) Petition the court under Section 970.6 for repayment in installments. (ii) Repay the portion of the judgment due to the Low and Moderate Income Housing Fund in equal installments over a period of five years following the judgment. (2) Repayment shall not be made from the funds required to be set aside or used for low- and moderate-income housing pursuant to this section. (3) Notwithstanding clauses (i) and (ii) of subparagraph (C) of paragraph (1), all costs, including reasonable attorney’s fees if included in the judgment, are due and shall be paid upon entry of judgment or order. (4) Except as otherwise provided in this subdivision, Chapter 2 (commencing with Section 970) of Part 5 of Division 3.6 of Title 1 of the Government Code for the enforcement of a judgment against a local public entity applies to a judgment against a local public entity that violates this section. (5) This subdivision applies to actions filed on and after January 1, 2006. (6) The limitations period specified in subparagraphs (A) and (B) of paragraph (1) does not apply to a cause of action brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (k) (1) From July 1, 2009, to June 30, 2010, inclusive, an agency may suspend all or part of its required allocation to the Low and Moderate Income Housing Fund from taxes that are allocated to that agency pursuant to Section 33670. (2) An agency that suspends revenue pursuant to paragraph (1) shall pay back to its low- and moderate-income housing fund the amount of revenue that was suspended in the 2009–10 fiscal year pursuant to this subdivision from July 1, 2010, to June 30, 2015, inclusive. (3) An agency that suspends revenue pursuant to paragraph (1) and fails to repay or have repaid on its behalf the amount of revenue suspended pursuant to paragraph (2) shall, commencing July 1, 2015, be required to allocate an additional 5 percent of all taxes that are allocated to that agency pursuant to Section 33670 for low- and moderate-income housing for the remainder of the time that the agency receives allocations of tax revenue pursuant to Section 33670. (4) An agency that fails to pay or have paid on its behalf the full amount calculated pursuant to subparagraph (J) of paragraph (2) of subdivision (a) of Section 33690, or subparagraph (J) of paragraph (2) of subdivision (a) of Section 33690.5, as the case may be, shall, commencing July 1, 2010, or July 1, 2011, as applicable, be required to allocate an additional 5 percent of all taxes that are allocated to that agency pursuant to Section 33670 for low- and moderate-income housing for the remainder of the time that the agency receives allocations of tax revenue pursuant to Section 33670. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 21, Sec. 4. (AB 26 4x) Effective October 23, 2009.)
  72. 33334.25.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section lets certain neighboring agencies create a joint powers authority to pool housing funds, but it sets conditions, reporting duties, spending limits, and a sunset on new joint projects after January 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.25. (a) The Legislature finds and declares all of the following: (1) The transfer of funds to a joint powers authority and the use of pooled funds within the housing market area of the participating agencies for the purpose of providing affordable housing are of benefit to the project area producing the tax increment. (2) The cost and availability of land, geophysical and environmental limitations, community patterns, and the lack of financing make the availability of affordable housing more difficult in some communities. (3) The cooperation of local agencies and the use of pooled funds will result in more resources than would otherwise be available for affordable housing. (b) As used in this section, the following terms shall apply: (1) “Housing funds” means funds in or from the low- and moderate-income housing fund established by an agency pursuant to Section 33334.3. (2) “Joint powers authority” means a joint powers authority created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purposes of receiving and using housing funds pursuant to this section. (3) “Receiving entity” means any person, partnership, joint venture, corporation, governmental body, or other organization receiving housing funds from a joint powers authority for the purpose of providing housing pursuant to this section. (c) Notwithstanding any other provision of law, contiguous agencies located within adjoining cities within a single metropolitan statistical area (MSA) may, by agreement, create and participate in a joint powers authority for the purpose of pooling their housing funds for the direct costs of constructing, substantially rehabilitating, and preserving the affordability of housing units that are affordable to extremely low income households, as defined in Section 50106. Agencies may participate in the authority upon a finding based on substantial evidence, after a public hearing, that the aggregation will not cause or exacerbate racial, ethnic, or economic segregation. Agencies may transfer a portion of their housing funds to a joint powers authority for use by the joint powers authority pursuant to this section. The joint powers authority may determine the kinds of housing projects or activities to be assisted, consistent with this section. The joint powers authority may loan, grant, or advance transferred housing funds from participating agencies to a receiving entity for any eligible housing development within the participating agency’s jurisdiction, subject to the requirements of this section. In addition, the agreement may authorize the joint powers authority to issue bonds and to use the pooled funds to leverage other funds to assist eligible developments, including loans from private institutions and assistance provided by other governmental agencies. (d) A mutually binding agreement between the joint powers authority and each participating agency shall contain the following terms and conditions: (1) The community of each participating agency shall have adopted up-to-date housing elements pursuant to Article 10.6 (commencing with Section 65580) of Division 1 of Title 7 of the Government Code, and the housing elements have been determined to be in compliance with the law by the Department of Housing and Community Development. (2) The community of each participating agency shall have met, in its current or previous housing element cycle, 50 percent or more of its share of the region’s affordable housing needs, as defined in Section 65584 of the Government Code, in the very low and lower income categories of income groups defined in Section 50052.5. (3) Each participating agency shall hold, at least 45 days prior to the transfer of funds to the joint powers authority, a public hearing, after providing notice pursuant to Section 6062 of the Government Code to solicit public comments on the draft agreement. (4) No housing funds shall be transferred from a project area that has an indebtedness to its low- and moderate-income housing fund pursuant to Section 33334.6. (5) No housing funds shall be transferred from an agency that has not met its need for replacement housing pursuant to Section 33413, unless the agency has encumbered and contractually committed sufficient funds to meet those requirements. (6) Pooled funds shall be used within the participating agencies’ jurisdictions. (7) The joint powers authority shall comply with this section. (8) The joint powers authority shall ensure that the funds it receives are used in accordance with this section. (9) Funds transferred by an agency to a joint powers authority pursuant to this section shall be expended or encumbered by the joint powers authority for the purposes of this section within two years of the transfer. Transferred funds not so expended or encumbered by the joint powers authority within two years after the transfer shall be returned to the original agency and shall be deemed excess surplus funds as provided in, and subject to, the requirements of Sections 33334.10 and 33334.12. Excess surplus funds held by an agency shall not be transferred to a joint powers authority. (10) The joint powers authority shall prepare and submit an annual report to the department that documents the amount of housing funds received and expended or allocated for specific housing assistance activities consistent with Section 33080.4. (e) A mutually binding contract between the joint powers authority and a receiving entity shall contain the following terms and conditions: (1) Pooled housing funds shall be used only to pay for the direct costs of constructing, substantially rehabilitating, or preserving the affordability of housing units that are affordable to extremely low income persons or households. (2) Pooled housing funds shall not be used to pay for planning and administrative costs, offsite improvements associated with a housing project, or fees or exactions levied solely for development projects constructed, substantially rehabilitated, or preserved with pooled funds. The receiving entity shall be subject to the same replacement requirements provided in Section 33413 and any relocation requirements applicable pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. (3) The joint powers authority shall make findings, based on substantial evidence on the record, that each proposed use of pooled funds will not exacerbate racial or economic segregation. (f) Pooled funds expended pursuant to this section shall be spent within the project area of a participating redevelopment agency. (g) On or after January 1, 2020, no new joint project may be created pursuant to this section. (Amended by Stats. 2011, Ch. 296, Sec. 161. (AB 1023) Effective January 1, 2012.)
  73. 33334.2a

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The Orange County Development Agency may use certain funds in specified areas, but city-area use is allowed only if several housing and approval conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.2a. (a) The Orange County Development Agency may use the funds described in Section 33334.2 anywhere within the unincorporated territory, or within the incorporated limits of any city within the County of Orange. The agency may only use these funds outside the project area upon a resolution of the agency and board of supervisors determining that the use will be of benefit to the project area. In addition, the agency may use these funds within the incorporated limits of a city only if the agency and the board of supervisors find all of the following: (1) Both the County of Orange and the city have adopted and are implementing complete and current housing elements of their general plans that the department has determined to be in compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (2) The development to be funded shall not result in any residential displacement from the site where the development is to be built. (3) The development to be funded shall be a rental housing development containing units affordable to lower income households or very low income households, as defined in Sections 50079.5 and 50105. (4) The development is in an area with a need for additional affordable housing. (5) If applicable, Article XXXIV of the California Constitution permits the development. (6) The city in which the development is to be constructed has certified to the agency that the city’s redevelopment agency, if one exists, is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend or encumber a housing fund excess surplus. (b) If the agency uses these funds within the incorporated limits of a city, all of the following requirements shall apply: (1) The funds shall be used only for the acquisition of land for, and the design and construction of, housing containing units affordable to lower income households or very low income households, as defined in Sections 50079.5 and 50105, or for the acquisition or rehabilitation of publicly assisted rental housing that is threatened with conversion to market rates. (2) If less than all the units in the development are affordable to lower income households or very low income households, any agency assistance shall not exceed the amount needed to make the housing affordable to lower income households and very low income households. (3) The units in the development that are affordable to lower income households or very low income households shall remain affordable for a period of at least 55 years. Compliance with this requirement shall be ensured by the execution and recordation of covenants and restrictions that, notwithstanding any other provision of law, shall run with the land. (4) No development shall be located in a census tract where more than 50 percent of its population is very low income. (5) Assisted developments shall be located on sites suitable for multifamily housing near public transportation. (6) Developed units shall not be treated as meeting the regional housing needs allocation under both the city’s and county’s housing elements. (7) The funds shall be used only for developments for which the city in which the development will be constructed has approved the agency’s use of funds for the development or has granted land use approvals for the development. (8) The aggregate number of units assisted by the county over each five-year period shall include at least 10 percent that are affordable to households earning 30 percent or less of the area median income, and at least 40 percent that are affordable to very low income households. (c) The Orange County Development Agency shall make diligent efforts to obtain the development of low- and moderate-income housing in unincorporated areas, including in developing areas of the county. (Added by Stats. 2001, Ch. 626, Sec. 1. Effective January 1, 2002.)
  74. 33334.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must keep specified housing funds in a separate fund and use them for low- and moderate-income housing, with recorded affordability restrictions and long-term occupancy rules for assisted units.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.3. (a) The funds that are required by Section 33334.2 or 33334.6 to be used for the purposes of increasing, improving, and preserving the community’s supply of low- and moderate-income housing shall be held in a separate Low and Moderate Income Housing Fund until used. (b) Any interest earned by the Low and Moderate Income Housing Fund and any repayments or other income to the agency for loans, advances, or grants, of any kind from the Low and Moderate Income Housing Fund, shall accrue to and be deposited in, the fund and may only be used in the manner prescribed for the Low and Moderate Income Housing Fund. (c) The moneys in the Low and Moderate Income Housing Fund shall be used to increase, improve, and preserve the supply of low- and moderate-income housing within the territorial jurisdiction of the agency. (d) It is the intent of the Legislature that the Low and Moderate Income Housing Fund be used to the maximum extent possible to defray the costs of production, improvement, and preservation of low- and moderate-income housing and that the amount of money spent for planning and general administrative activities associated with the development, improvement, and preservation of that housing not be disproportionate to the amount actually spent for the costs of production, improvement, or preservation of that housing. The agency shall determine annually that the planning and administrative expenses are necessary for the production, improvement, or preservation of low- and moderate-income housing. (e) (1) Planning and general administrative costs which may be paid with moneys from the Low and Moderate Income Housing Fund are those expenses incurred by the agency which are directly related to the programs and activities authorized under subdivision (e) of Section 33334.2 and are limited to the following: (A) Costs incurred for salaries, wages, and related costs of the agency’s staff or for services provided through interagency agreements, and agreements with contractors, including usual indirect costs related thereto. (B) Costs incurred by a nonprofit corporation which are not directly attributable to a specific project. (2) Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific project that are authorized under subdivision (e) of Section 33334.2 and that are incurred by a nonprofit housing sponsor are not planning and administrative costs for the purposes of this section, but are instead project costs. (f) (1) The requirements of this subdivision apply to all new or substantially rehabilitated housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund, pursuant to an agreement approved by an agency on or after January 1, 1988. Except to the extent that a longer period of time may be required by other provisions of law, the agency shall require that housing units subject to this subdivision shall remain available at affordable housing cost to, and occupied by, persons and families of low or moderate income and very low income and extremely low income households for the longest feasible time, but for not less than the following periods of time: (A) Fifty-five years for rental units. However, the agency may replace rental units with equally affordable and comparable rental units in another location within the community if (i) the replacement units are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (ii) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. (B) Forty-five years for owner-occupied units. However, the agency may permit sales of owner-occupied units prior to the expiration of the 45-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program which protects the agency’s investment of moneys from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program which establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds based on the length of occupancy. The remainder of the excess proceeds of the sale shall be allocated to the agency and deposited in the Low and Moderate Income Housing Fund. Only the units originally assisted by the agency shall be counted towards the agency’s obligations under Section 33413. (C) Fifteen years for mutual self-help housing units that are occupied by and affordable to very low and low-income households. However, the agency may permit sales of mutual self-help housing units prior to expiration of the 15-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that (i) protects the agency’s investment of moneys from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program that establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds based on the length of occupancy; and (ii) ensures through a recorded regulatory agreement, deed of trust, or similar recorded instrument that if a mutual self-help housing unit is sold at any time after expiration of the 15-year period and prior to 45 years after the date of recording of the covenants or restrictions required pursuant to paragraph (2), the agency recovers, at a minimum, its original principal from the Low and Moderate Income Housing Fund from the proceeds of the sale and deposits those funds into the Low and Moderate Income Housing Fund. The remainder of the excess proceeds of the sale not retained by the seller shall be allocated to the agency and deposited in the Low and Moderate Income Housing Fund. For the purposes of this subparagraph, “mutual self-help housing unit” means an owner-occupied housing unit for which persons and families of very low and low income contribute no fewer than 500 hours of their own labor in individual or group efforts to provide a decent, safe, and sanitary ownership housing unit for themselves, their families, and others authorized to occupy that unit. Nothing in this subparagraph precludes the agency and the developer of the mutual self-help housing units from agreeing to 45-year deed restrictions. (2) If land on which those dwelling units are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in this subdivision. (3) The agency shall require the recording in the office of the county recorder of the following documents: (A) The covenants or restrictions implementing this subdivision for each parcel or unit of real property subject to this subdivision. The agency shall obtain and maintain a copy of the recorded covenants or restrictions for not less than the life of the covenant or restriction. (B) For all new or substantially rehabilitated units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund on or after January 1, 2008, a separate document called “Notice of Affordability Restrictions on Transfer of Property,” set forth in 14-point type or larger. This document shall contain all of the following information: (i) A recitation of the affordability covenants or restrictions. If the document recorded under this subparagraph is recorded concurrently with the covenants or restrictions recorded under subparagraph (A), the recitation of the affordability covenants or restrictions shall also reference the concurrently recorded document. If the document recorded under this subparagraph is not recorded concurrently with the covenants or restrictions recorded under subparagraph (A), the recitation of the affordability covenants or restrictions shall also reference the recorder’s identification number of the document recorded under subparagraph (A). (ii) The date the covenants or restrictions expire. (iii) The street address of the property, including, if applicable, the unit number, unless the property is used to confidentially house victims of domestic violence. (iv) The assessor’s parcel number for the property. (v) The legal description of the property. (4) The agency shall require the recording of the document required under subparagraph (B) of paragraph (3) not more than 30 days after the date of recordation of the covenants or restrictions required under subparagraph (A) of paragraph (3). (5) The county recorder shall index the documents required to be recorded under paragraph (3) by the agency and current owner. (6) Notwithstanding Section 27383 of the Government Code, a county recorder may charge all authorized recording fees to any party, including a public agency, for recording the document specified in subparagraph (B) of paragraph (3). (7) Notwithstanding any other provision of law, the covenants or restrictions implementing this subdivision shall run with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following: (A) The agency. (B) The community, as defined in Section 33002. (C) A resident of a unit subject to this subdivision. (D) A residents’ association with members who reside in units subject to this subdivision. (E) A former resident of a unit subject to this subdivision who last resided in that unit. (F) An applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this subdivision, if the applicant conforms to all of the following: (i) Is of low or moderate income, as defined in Section 50093. (ii) Is able and willing to occupy that particular unit. (iii) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this subdivision. (G) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093, and who is able and willing to occupy a unit subject to this subdivision. (8) A dwelling unit shall not be counted as satisfying the affordable housing requirements of this part, unless covenants for that dwelling unit are recorded in compliance with subparagraph (A) of paragraph (3). (9) Failure to comply with the requirements of subparagraph (B) of paragraph (3) shall not invalidate any covenants or restrictions recorded pursuant to subparagraph (A) of paragraph (3). (g) “Housing,” as used in this section, includes residential hotels, as defined in subdivision (k) of Section 37912. The definitions of “lower income households,” “very low income households,” and “extremely low income households” in Sections 50079.5, 50105, and 50106 shall apply to this section. “Longest feasible time,” as used in this section, includes, but is not limited to, unlimited duration. (h) “Increasing, improving, and preserving the community’s supply of low- and moderate-income housing,” as used in this section and in Section 33334.2, includes the preservation of rental housing units assisted by federal, state, or local government on the condition that units remain affordable to, and occupied by, low- and moderate-income households, including extremely low and very low income households, for the longest feasible time, but not less than 55 years, beyond the date the subsidies and use restrictions could be terminated and the assisted housing units converted to market rate rentals. In preserving these units the agency shall require that the units remain affordable to, and occupied by, persons and families of low- and moderate-income and extremely low and very low income households for the longest feasible time but not less than 55 years. However, the agency may replace rental units with equally affordable and comparable rental units in another location within the community if (1) the replacement units in another location are available for occupancy prior to the displacement of any persons and families of low or moderate income residing in the units to be replaced and (2) the comparable replacement units are not developed with moneys from the Low and Moderate Income Housing Fund. (i) Agencies that have more than one project area may satisfy the requirements of Sections 33334.2 and 33334.6 and of this section by allocating, in any fiscal year, less than 20 percent in one project area, if the difference between the amount allocated and the 20 percent required is instead allocated, in that same fiscal year, to the Low and Moderate Income Housing Fund from tax increment revenues from other project areas. Prior to allocating funds pursuant to this subdivision, the agency shall make the finding required by subdivision (g) of Section 33334.2. (j) Funds from the Low and Moderate Income Housing Fund shall not be used to the extent that other reasonable means of private or commercial financing of the new or substantially rehabilitated units at the same level of affordability and quantity are reasonably available to the agency or to the owner of the units. Prior to the expenditure of funds from the Low and Moderate Income Housing Fund for new or substantially rehabilitated housing units, where those funds will exceed 50 percent of the cost of producing the units, the agency shall find, based on substantial evidence, that the use of the funds is necessary because the agency or owner of the units has made a good faith attempt but been unable to obtain commercial or private means of financing the units at the same level of affordability and quantity. (Amended by Stats. 2010, Ch. 610, Sec. 3. (AB 2762) Effective January 1, 2011.)
  75. 33334.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agencies must use Low and Moderate Income Housing Fund money over each implementation period to support housing for low- and very low-income persons, and also to support housing available to all ages, in specified proportions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.4. (a) Except as specified in subdivision (d), each agency shall expend over each 10-year period of the implementation plan, as specified in clause (iii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 33490, the moneys in the Low and Moderate Income Housing Fund to assist housing for persons of low income and housing for persons of very low income in at least the same proportion as the total number of housing units needed for each of those income groups bears to the total number of units needed for persons of moderate, low, and very low income within the community, as those needs have been determined for the community pursuant to Section 65584 of the Government Code. In determining compliance with this obligation, the agency may adjust the proportion by subtracting from the need identified for each income category, the number of units for persons of that income category that are newly constructed over the duration of the implementation plan with other locally controlled government assistance and without agency assistance and that are required to be affordable to, and occupied by, persons of the income category for at least 55 years for rental housing and 45 years for ownership housing, except that in making an adjustment the agency may not subtract units developed pursuant to a replacement housing obligation under state or federal law. (b) Each agency shall expend over the duration of each redevelopment implementation plan, the moneys in the Low and Moderate Income Housing Fund to assist housing that is available to all persons regardless of age in at least the same proportion as the number of low-income households with a member under age 65 years bears to the total number of low-income households of the community as reported in the most recent census of the United States Census Bureau. (c) An agency that has deposited in the Low and Moderate Income Housing Fund over the first five years of the period of an implementation plan an aggregate that is less than two million dollars ($2,000,000) shall have an extra five years to meet the requirements of this section. (d) For the purposes of this section, “locally controlled” means government assistance where the community or other local government entity has the discretion and the authority to determine the recipient and the amount of the assistance, whether or not the source of the funds or other assistance is from the state or federal government. Examples of locally controlled government assistance include, but are not limited to, Community Development Block Grant Program (42 U.S.C. Sec. 5301 and following) funds allocated to a city or county, Home Investment Partnership Program (42 U.S.C. Sec. 12721 and following) funds allocated to a city or county, fees or funds received by a city or county pursuant to a city or county authorized program, and the waiver or deferral of city or other charges. (Amended by Stats. 2005, Ch. 262, Sec. 1. Effective January 1, 2006.)
  76. 33334.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency must include a replacement-housing provision in certain redevelopment plans and, if low- or moderate-income units are removed, provide an equal number of replacement units within four years.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.5. Every redevelopment plan adopted or amended to expand the project area after January 1, 1977, shall contain a provision that whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project, the agency shall, within four years of such destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing costs, as defined by Section 50052.5, within the project area or within the territorial jurisdiction of the agency, in accordance with all of the provisions of Sections 33413 and 33413.5. (Amended by Stats. 1979, Ch. 1191.)
  77. 33334.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must deposit at least 20% of certain tax allocations into the Low and Moderate Income Housing Fund, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.6. (a) The Legislature finds and declares that the provision of housing is itself a fundamental purpose of the Community Redevelopment Law and that a generally inadequate statewide supply of decent, safe, and sanitary housing affordable to persons and families of low or moderate income, as defined by Section 50093, threatens the accomplishment of the primary purposes of the Community Redevelopment Law, including job creation, attracting new private investments, and creating physical, economic, social, and environmental conditions to remove and prevent the recurrence of blight. The Legislature further finds and declares that the provision and improvement of affordable housing, as provided by Section 33334.2, outside of redevelopment project areas can be of direct benefit to those projects in assisting the accomplishment of project objectives whether or not those redevelopment projects provide for housing within the project area. The Legislature finds and determines that the provision of affordable housing by redevelopment agencies and the use of taxes allocated to the agency pursuant to subdivision (b) of Section 33670 is of statewide benefit and of particular benefit and assistance to all local governmental agencies in the areas where the housing is provided. (b) This section is applicable to all project areas, or portions of project areas, which are not subject to Section 33334.2, except that a project area, or portion of a project area, for which a resolution was adopted pursuant to subdivision (i) of Section 33334.2 is subject to this section. Project areas subject to this section which are merged are subject to the requirements of both this section and Section 33487. The deposit of taxes into the Low and Moderate Income Housing Fund in compliance with either this section or Section 33487 shall satisfy the requirements of both sections in the year those taxes are deposited. (c) Except as otherwise permitted by subdivisions (d) and (e), not less than 20 percent of the taxes allocated to the agency pursuant to Section 33670 from project areas specified in subdivision (b) for the 1985–86 fiscal year and each succeeding fiscal year shall be deposited into the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 and used for the purposes set forth in Section 33334.2, unless the agency, by resolution, makes one of the findings described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 33334.2, except that the authority to make the finding specified in paragraph (3) of subdivision (a) of that section shall expire as specified in that paragraph. Subdivisions (b) and (c) of Section 33334.2 apply if an agency makes any of those findings. (d) In any fiscal year, the agency may deposit less than the amount required by subdivision (c) into the Low and Moderate Income Housing Fund if the agency finds that the difference between the amount deposited and the amount required by subdivision (c) is necessary to make payments under existing obligations of amounts due or required to be committed, set aside, or reserved by the agency during that fiscal year and which are used by the agency for that purpose. For purposes of this section, “existing obligations” means the principal of, and interest on, loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the agency to finance or refinance, in whole or in part, any redevelopment project existing on, and created prior to January 1, 1986, and contained on the statement of existing obligations adopted pursuant to subdivision (f). Obligations incurred on or after January 1, 1986, shall be deemed existing obligations for purposes of this section if the net proceeds are used to refinance existing obligations contained on the statement. (e) In each fiscal year prior to July 1, 1996, the agency may deposit less than the amount required by subdivisions (c) and (d) into the Low and Moderate Income Housing Fund if the agency finds that the deposit of less than the amount required by those subdivisions is necessary in order to provide for the orderly and timely completion of public and private projects, programs, or activities approved by the agency prior to January 1, 1986, which are contained on the statement of existing programs adopted pursuant to subdivision (f). Approval of these projects, programs, and activities means approval by the agency of written documents which demonstrate an intent to implement a specific project, program, or activity and is not limited to final approval of a specific project, program, or activity. (f) Any agency which deposits less than the amount required by subdivision (c) into the Low and Moderate Income Housing Fund pursuant to subdivision (d) or (e) shall adopt prior to September 1, 1986, by resolution, after a noticed public hearing, a statement of existing obligations or a statement of existing programs, or both. (1) The agency shall prepare and submit the proposed statement to the legislative body and to the Department of Housing and Community Development prior to giving notice of the public hearing. Notice of the time and place of the public hearing shall be transmitted to the Department of Housing and Community Development at least 15 days prior to the public hearing and notice of the time and place of the public hearing shall be published in a newspaper of general circulation in the community once a week for at least two successive weeks prior to the public hearing. The legislative body shall maintain a record of the public hearing. (2) A copy of the resolution adopted by the agency, together with any amendments to the statement of the agency, shall be transmitted to the Department of Housing and Community Development within 10 days following adoption of the resolution by the agency. (3) A statement of existing obligations shall describe each existing obligation and, based upon the best available information, as determined by the agency, list the total amount of the existing obligation, the annual payments required to be made by the agency pursuant to the existing obligation, and the date the existing obligation will be discharged in full. (4) A statement of existing programs shall list the specific public and private projects, programs, or activities approved prior to January 1, 1986, which are necessary for the orderly completion of the redevelopment plan as it existed on January 1, 1986. No project, program, or activity shall be included on the statement of existing programs unless written evidence of the existence and approval of the project, program, or activity prior to January 1, 1986, is attached to the statement of existing programs. (g) If, pursuant to subdivision (d) or (e), the agency deposits less than 20 percent of the taxes allocated to the agency pursuant to Section 33670 in the 1985–86 fiscal year or any subsequent fiscal year in the Low and Moderate Income Housing Fund, the amount equal to the difference between 20 percent of the taxes allocated to the agency pursuant to Section 33670 for each affected project and the amount deposited that year shall constitute a deficit of the project. The agency shall adopt a plan to eliminate the deficit in subsequent years as determined by the agency. (h) The obligations imposed by this section, including deficits, if any, created under this section, are hereby declared to be an indebtedness of the redevelopment project to which they relate, payable from taxes allocated to the agency pursuant to Section 33670, and shall constitute an indebtedness of the agency with respect to the redevelopment project until paid in full. (i) In any litigation to challenge or attack a statement of existing obligations, the decision by the agency after the public hearing to include an existing obligation on the statement of existing obligations, or the decision by the agency after the public hearing to include a project, program, or activity on the statement of existing programs, the court shall uphold the action of the agency unless the court finds that the agency has abused its discretion. The Legislature finds and declares that this standard of review is necessary in order to protect against the possible impairment of existing obligations, programs, and activities because agencies with project areas adopted prior to January 1, 1977, have incurred existing obligations and have adopted projects, programs, and activities with the authority to receive and pledge the entire allocation of funds authorized by Section 33670. (Amended by Stats. 1991, Ch. 872, Sec. 3.)
  78. 33334.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Certain low- and moderate-income housing assistance programs get priority consideration for housing-program assistance if the housing is otherwise eligible.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.7. Programs to assist or develop low- and moderate-income housing pursuant to Sections 33334.2, 33334.3, 33334.6, 33413, and 33449 shall be entitled to priority consideration for assistance in housing programs administered by the California Housing Finance Agency, the Department of Housing and Community Development, and other state agencies and departments, if those agencies or departments determine that the housing is otherwise eligible for assistance under a particular program. (Added by Stats. 1985, Ch. 1135, Sec. 3.)
  79. 33334.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Multifamily rental housing receiving financial assistance under the listed sections must follow the same notice requirements as Government Code Section 65863.10.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.8. The same notice requirements as specified in Section 65863.10 of the Government Code shall apply to multifamily rental housing that receives financial assistance pursuant to Sections 33334.2, 33334.3, and 33334.6. (Added by Stats. 1988, Ch. 1563, Sec. 1.)
  80. 33334.9.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may count certain assistance toward its Section 33334.2 obligations if the assistance preserves affordable housing for lower income households and the units are at risk of conversion to market rates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33334.9. Notwithstanding Sections 33334.2 and 33334.3, assistance provided by an agency to preserve the availability to lower income households of affordable housing units which are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates may be credited and offset against an agency’s obligations under Section 33334.2. (Added by Stats. 1988, Ch. 1564, Sec. 3.)
  81. 33335.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Every redevelopment plan must provide for the agency to lease or sell all real property it acquires in a project area, except property conveyed to the community.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33335. Every redevelopment plan shall provide for the agency to lease or sell all real property acquired by it in any project area, except property conveyed by it to the community. (Added by Stats. 1963, Ch. 1812.)
  82. 33336.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Every redevelopment plan must include safeguards that the redevelopment work will be carried out according to the plan, and must address controls, restrictions, or covenants for land sold or leased for private use.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33336. Every redevelopment plan shall: (a) Contain adequate safeguards that the work of redevelopment will be carried out pursuant to the plan; (b) Provide for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the legislative body deems necessary to effectuate the purposes of this part. The establishment of such controls is a public purpose under the provisions of this part. (Added by Stats. 1963, Ch. 1812.)
  83. 33337.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Every redevelopment plan must include a requirement that transfers of land in a redevelopment project use the nondiscrimination clauses from Section 33436.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33337. Every redevelopment plan shall contain a provision requiring that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of any land in a redevelopment project shall contain the nondiscrimination clauses prescribed in Section 33436. (Amended by Stats. 1965, Ch. 2025.)
  84. 33338.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Every redevelopment plan must include other covenants, conditions, and restrictions prescribed by the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33338. Every redevelopment plan shall contain other covenants, conditions, and restrictions which the legislative body prescribes. (Added by Stats. 1963, Ch. 1812.)
  85. 33339.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment plans must provide for owner participation in project-area property redevelopment when the owners agree and the participation fits the adopted plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33339. Every redevelopment plan shall provide for participation in the redevelopment of property in the project area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with the redevelopment plan adopted by the legislative body for the area. (Added by Stats. 1963, Ch. 1812.)
  86. 33339.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment agencies must give reasonable preference to certain business persons to reenter business in the redeveloped area if they meet plan requirements, and must adopt and make available implementing rules before approving the redevelopment plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33339.5. Every redevelopment agency shall extend reasonable preference to persons who are engaged in business in the project area to reenter in business within the redeveloped area if they otherwise meet the requirements prescribed by the redevelopment plan. With respect to each redevelopment project, each agency shall, within a reasonable time before its approval of the redevelopment plan adopt and make available for public inspection rules to implement the operation of this section in connection with the plan. (Amended by Stats. 1965, Ch. 1665.)
  87. 33340.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment plan contemplates property owner participation, it must include alternative redevelopment provisions if the owners do not participate as agreed.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33340. Every redevelopment plan which contemplates property owner participation in the redevelopment of the project area shall contain alternative provisions for redevelopment of the property if the owners fail to participate in the redevelopment as agreed. (Amended by Stats. 1965, Ch. 1665.)
  88. 33341.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment plan may allow the agency to issue bonds and use the sale proceeds for the redevelopment plan, and if it does, the plan must also provide for payment of principal and interest when due.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33341. Redevelopment plans may provide for the agency to issue bonds and expend the proceeds from their sale in carrying out the redevelopment plan. If such an issuance is provided for, the redevelopment plan shall also contain adequate provision for the payment of principal and interest when they become due and payable. (Added by Stats. 1963, Ch. 1812.)
  89. 33342.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment plans may let the agency acquire project-area real property by gift, purchase, lease, or condemnation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33342. Redevelopment plans may provide for the agency to acquire by gift, purchase, lease, or condemnation all or part of the real property in the project area. (Added by Stats. 1963, Ch. 1812.)
  90. 33342.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment plan adopted on or after January 1, 2007 must describe the agency’s eminent-domain acquisition program.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33342.5. (a) A redevelopment plan adopted on or after January 1, 2007, shall describe the agency’s program to acquire real property by eminent domain. (b) The plan may prohibit the agency from acquiring by eminent domain specified types of real property, including, but not limited to, owner-occupied residences, single-family residences, or any residential property. The plan may prohibit the agency from acquiring by eminent domain real property in specified locations within the project area. (c) An agency’s program to acquire real property by eminent domain may be changed only by amending the redevelopment plan pursuant to Article 12 (commencing with Section 33450). (Added by Stats. 2006, Ch. 591, Sec. 3. Effective January 1, 2007.)
  91. 33342.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a legislative body adopted a final redevelopment plan before January 1, 2007, it had to adopt an ordinance by July 1, 2007 describing the agency’s eminent domain program.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33342.7. (a) A legislative body that adopted a final redevelopment plan before January 1, 2007, shall adopt an ordinance on or before July 1, 2007, that contains a description of the agency’s program to acquire real property by eminent domain. The plan may prohibit the agency from acquiring by eminent domain specified types of real property, including, but not limited to, owner-occupied residences, single-family residences, or any residential property. The plan may prohibit the agency from acquiring by eminent domain real property in specified locations within the project area. (b) An agency’s program to acquire real property by eminent domain may be changed only by amending the redevelopment plan, pursuant to Article 12 (commencing with Section 33450). (Added by Stats. 2006, Ch. 591, Sec. 4. Effective January 1, 2007.)
  92. 33343.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment plans may allow community spending.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33343. Redevelopment plans may provide for the expenditure of money by the community. (Added by Stats. 1963, Ch. 1812.)
  93. 33344.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment plans may allow the community to carry out the proceedings needed to complete the project.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33344. Redevelopment plans may provide for the community to undertake and complete any proceedings necessary to carry out the project. (Added by Stats. 1963, Ch. 1812.)
  94. 33344.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency with a tax-division provision in its plan must send each affected taxing entity a preliminary report by the date set in Section 33344.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33344.5. After receiving the report prepared pursuant to Section 33328, or after the time period for preparation of that report has passed, a redevelopment agency that includes a provision for the division of taxes pursuant to Section 33670 in the redevelopment plan shall prepare and send to each affected taxing entity, as defined in Section 33353.2, no later than the date specified in Section 33344.6, a preliminary report which shall contain all of the following: (a) The reasons for the selection of the project area. (b) A description of the physical and economic conditions existing in the project area. (c) A description of the project area which is sufficiently detailed for a determination as to whether the project area is predominantly urbanized. The description shall include at least the following information, which shall be based upon the terms described and defined in Section 33320.1: (1) The total number of acres within the project area. (2) The total number of acres that is characterized by the condition described in paragraph (4) of subdivision (a) of Section 33031. (3) The total number of acres that are in agricultural use. “Agricultural use” shall have the same meaning as that term is defined in subdivision (b) of Section 51201 of the Government Code. (4) The total number of acres that is an integral part of an area developed for urban uses. (5) The percent of property within the project area that is predominantly urbanized. (6) A map of the project area that identifies the property described in paragraphs (2), (3), and (4), and the property not developed for an urban use. (d) A preliminary assessment of the proposed method of financing the redevelopment of the project area, including an assessment of the economic feasibility of the project and the reasons for including a provision for the division of taxes pursuant to Section 33670 in the redevelopment plan. (e) A description of the specific project or projects then proposed by the agency. (f) A description of how the project or projects to be pursued by the agency in the project area will improve or alleviate the conditions described in subdivision (b). (g) If the project area contains lands that are in agricultural use, the preliminary report shall be sent to the Department of Conservation, the county agricultural commissioner, the county farm bureau, the California Farm Bureau Federation, and agricultural entities and general farm organizations that provide a written request for notice. A separate written request for notice shall be required for each proposed redevelopment plan or amendment that adds territory. A written request for notice applicable to one redevelopment plan or amendment shall not be effective for a subsequent plan or amendment. (Amended by Stats. 2004, Ch. 158, Sec. 1. Effective January 1, 2005.)
  95. 33344.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency that must prepare a preliminary report must send it at least 90 days before the public hearing, unless one of the listed conditions allows it to be sent at least 21 days before the hearing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33344.6. A redevelopment agency that is required to prepare a preliminary report pursuant to Section 33344.5 shall send the preliminary report no later than 90 days before the date set for a public hearing held pursuant to Section 33355 or 33360. However, notwithstanding this requirement, the redevelopment agency may send the report no later than 21 days before the hearing held pursuant to Section 33355 or 33360 if any one of the following conditions is met: (a) The redevelopment plan is proposed to be adopted pursuant to Chapter 4.5 (commencing with Section 33492). (b) The redevelopment plan is proposed to be adopted pursuant to the Community Redevelopment Disaster Project Law (Part 1.5 (commencing with Section 34000)). (c) The redevelopment plan is proposed to be amended and the amendment will not do any of the following: (1) Add new territory to the project area. (2) Increase the limitation on the number of dollars of property taxes that may be divided and allocated to the agency pursuant to Section 33670. (3) Increase the limitation on the amount of the bonded indebtedness that can be outstanding at one time. (4) Increase the time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670. (5) Increase the time limit on the receipt of property taxes by the agency pursuant to Section 33670. (6) Merge project areas. (d) The agency has previously provided affected taxing agencies with the preliminary report and proposes to change the base year assessment roll pursuant to Section 33328.5. (e) The affected taxing entities waive, in writing, the 90-day notice requirement. (Added by Stats. 2004, Ch. 158, Sec. 2. Effective January 1, 2005.)
  96. 33345.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each agency must adopt and make available for public inspection rules for owner participation in each redevelopment project before approving the redevelopment plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33345. With respect to each redevelopment project, each agency shall, within a reasonable time before its approval of the redevelopment plan adopt and make available for public inspection rules to implement the operation of owner participation in connection with the plan. (Amended by Stats. 1965, Ch. 1665.)
  97. 33346.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before a redevelopment plan for a project area goes to the legislative body, it must first be submitted to the planning commission for a report and recommendation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33346. Before the redevelopment plan of each project area is submitted to the legislative body, it shall be submitted to the planning commission for its report and recommendation concerning the redevelopment plan and its conformity to the general plan adopted by the planning commission or the legislative body. The planning commission may recommend for or against the approval of the redevelopment plan. (Amended by Stats. 1973, Ch. 588.)
  98. 33347.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The planning commission must file its report and recommendation with the agency within 30 days after a redevelopment plan is submitted for consideration.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33347. Within 30 days after a redevelopment plan is submitted to it for consideration, the planning commission shall make and file its report and recommendation with the agency. If the planning commission does not report upon the redevelopment plan within 30 days after its submission by the agency, the planning commission shall be deemed to have waived its report and recommendations concerning the plan and the agency may thereafter approve the plan without the report and recommendations of the planning commission. (Amended by Stats. 1965, Ch. 1665.)
  99. 33347.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a project area committee exists in the project area, the redevelopment plan must be submitted to that committee before it goes to the legislative body. The committee may also prepare a report and recommendation if it chooses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33347.5. If there exists within the project area a project area committee, the redevelopment plan shall be submitted to such committee before it is submitted to the legislative body. The committee may, if it chooses, prepare a report and recommendation for submission to the legislative body. (Added by Stats. 1972, Ch. 614.)
  100. 33348.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before approving a redevelopment plan, the agency must hold a public hearing on it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33348. Before the approval of a redevelopment plan by the agency, the agency shall conduct a public hearing on it. (Amended by Stats. 1965, Ch. 1665.)
  101. 33349.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must give public notice of a redevelopment hearing, publish it weekly for four weeks, and mail notices to affected landowners, residents, businesses, and taxing-agency governing bodies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33349. (a) The agency shall publish notice of the hearing not less than once a week for four successive weeks prior to the hearing. The notice shall be published in a newspaper of general circulation, printed and published in the community, or if there is none, in a newspaper selected by the agency. The notice of hearing shall include a legible map of the boundaries of the area or areas designated in the proposed redevelopment plan and a general statement of the scope and objectives of the plan in nontechnical language and in a clear and coherent manner using words with common and everyday meaning. The agency shall prepare a legal description of the boundaries of the area or areas designated in the proposed redevelopment plan and make this legal description available to the public for inspection during the agency’s normal business hours. The notice of the hearing shall state that a copy of the legal description of the boundaries is available upon request, free of charge. (b) Copies of the notices published pursuant to this section shall be mailed, by first-class mail, to the last known assessee of each parcel of land in the area designated in the redevelopment plan, at his or her last known address as shown on the last equalized assessment roll of the county; or where a city assesses, levies, and collects its own taxes, as shown on the last equalized assessment roll of the city; or to the owner of each parcel of land within the boundaries of the area or areas designated in the proposed redevelopment plan, as shown on the records of the county recorder 30 days prior to the date the notice is published. (c) (1) Notice shall also be provided, by first-class mail, to all residents and businesses within the project area at least 30 days prior to the hearing. (2) The mailed notice requirement of this subdivision shall only apply when mailing addresses to all individuals and businesses, or to all occupants, are obtainable by the agency at a reasonable cost. The notice shall be mailed by first-class mail, but may be addressed to “occupant.” If the agency has acted in good faith to comply with the notice requirements of this subdivision, the failure of the agency to provide the required notice to residents or businesses unknown to the agency or whose addresses cannot be obtained at a reasonable cost, shall not, in and of itself, invalidate a redevelopment plan or amendment to a redevelopment plan. (d) Copies of the notices published pursuant to this section shall also be mailed to the governing body of each of the taxing agencies that levies taxes upon any property in the project area designated in the proposed redevelopment plan. Notices sent pursuant to this subdivision shall be mailed by certified mail, return receipt requested. (Amended by Stats. 1997, Ch. 565, Sec. 2. Effective January 1, 1998.)
  102. 33349.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    For the Redevelopment Agency of the City of Crescent City, the required notice for certain redevelopment hearings needs to be published only once and at least 10 days before the hearing. The agency and legislative body may publish and hold their hearings on the same day. Challenges to the plan’s validity are barred before adoption and more than 30 days after adoption of the ordinance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33349.5. Notwithstanding Sections 33349 and 33361, the notice provided for in such sections applicable to the Redevelopment Agency of the City of Crescent City need be published only once, at least ten days prior to the hearing in question. The notice of the hearing by the agency on the redevelopment plan may be published at the same time as the notice of the hearing by the legislative body on the redevelopment plan, and both hearings may be held on the same day. Notwithstanding Section 33500, no action attacking or otherwise questioning the validity of any redevelopment plan, or the adoption or approval of such plan, or any of the findings or determinations of the Redevelopment Agency of the City of Crescent City or the legislative body in connection with such plan shall be brought prior to the adoption of the redevelopment plan nor at any time after the lapse of thirty days from and after the date of adoption of the ordinance adopting the plan. (Added by Stats. 1964, 1st Ex. Sess., Ch. 55.)
  103. 33350.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Assessees whose property may be acquired under the plan must receive a plain-language statement attached to the hearing notice; a list or map of the properties may be mailed instead.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33350. Each assessee whose property would be subject to acquisition by purchase or condemnation under the plan shall be sent a statement in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, to that effect attached to his notice of the hearing. Alternatively, a list or map of all properties which would be subject to acquisition by purchase or condemnation under the plan may be mailed to assessees with the notices of hearing. (Amended by Stats. 1996, Ch. 249, Sec. 2. Effective January 1, 1997.)
  104. 33350.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may exclude land from a project area, but only after notice, before plan approval, and after getting the planning commission’s report and recommendation; the commission must respond within 30 days after a change is submitted.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33350.5. After publication of notice of agency public hearing and prior to approval of the redevelopment plan by the agency, an agency may exclude land from a project area after receipt of a report and recommendation from the planning commission. Within 30 days after a change is submitted to it for consideration, the planning commission shall submit its report and recommendation to the agency. If the planning commission does not report upon the change within 30 days after its submission by the agency, the planning commission shall be deemed to have waived its report and recommendation concerning the change, and the agency may proceed to exclude the land from the project area without the report and recommendation of the planning commission. (Added by Stats. 1965, Ch. 1665.)
  105. 33351.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment plan has been prepared and approved, the agency must submit it to the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33351. Upon the preparation and approval of a redevelopment plan the agency shall submit it to the legislative body. (Amended by Stats. 1965, Ch. 1665.)
  106. 33352.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment plan submitted by the agency to the legislative body must be accompanied by a detailed report covering the listed planning, financing, relocation, and impact items.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33352. Every redevelopment plan submitted by the agency to the legislative body shall be accompanied by a report containing all of the following: (a) The reasons for the selection of the project area, a description of the specific projects then proposed by the agency, a description of how these projects will improve or alleviate the conditions described in subdivision (b). (b) A description of the physical and economic conditions specified in Section 33031 that exist in the area that cause the project area to be blighted. The description shall include a list of the physical and economic conditions described in Section 33031 that exist within the project area and a map showing where in the project the conditions exist. The description shall contain specific, quantifiable evidence that documents both of the following: (1) The physical and economic conditions specified in Section 33031. (2) That the described physical and economic conditions are so prevalent and substantial that, collectively, they seriously harm the entire project area. (c) An implementation plan that describes specific goals and objectives of the agency, specific projects then proposed by the agency, including a program of actions and expenditures proposed to be made within the first five years of the plan, and a description of how these projects will improve or alleviate the conditions described in Section 33031. (d) An explanation of why the elimination of blight and the redevelopment of the project area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the legislative body’s use of financing alternatives other than tax increment financing. (e) The proposed method of financing the redevelopment of the project area in sufficient detail so that the legislative body may determine the economic feasibility of the plan. (f) A method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area, which method or plan shall include the provision required by Section 33411.1 that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by the displaced person or family at rents comparable to those at the time of their displacement. (g) An analysis of the preliminary plan. (h) The report and recommendations of the planning commission. (i) The summary referred to in Section 33387. (j) The report required by Section 65402 of the Government Code. (k) The report required by Section 21151 of the Public Resources Code. (l) The report of the county fiscal officer as required by Section 33328. (m) If the project area contains low- or moderate-income housing, a neighborhood impact report which describes in detail the impact of the project upon the residents of the project area and the surrounding areas, in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. The neighborhood impact report shall also include all of the following: (1) The number of dwelling units housing persons and families of low or moderate income expected to be destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project. (2) The number of persons and families of low or moderate income expected to be displaced by the project. (3) The general location of housing to be rehabilitated, developed, or constructed pursuant to Section 33413. (4) The number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, other than replacement housing. (5) The projected means of financing the proposed dwelling units for housing persons and families of low and moderate income planned for construction or rehabilitation. (6) A projected timetable for meeting the plan’s relocation, rehabilitation, and replacement housing objectives. (n) (1) An analysis by the agency of the report submitted by the county as required by Section 33328, which shall include a summary of the consultation of the agency, or attempts to consult by the agency, with each of the affected taxing entities as required by Section 33328. If any of the affected taxing entities have expressed written objections or concerns with the proposed project area as part of these consultations, the agency shall include a response to these concerns, additional information, if any, and, at the discretion of the agency, proposed or adopted mitigation measures. (2) As used in this subdivision: (A) “Mitigation measures” may include the amendment of the redevelopment plan with respect to the size or location of the project area, time duration, total amount of tax increment to be received by the agency, or the proposed use, size, density, or location of development to be assisted by the agency. (B) “Mitigation measures” shall not include obligations to make payments to any affected taxing entity. (Amended by Stats. 2006, Ch. 595, Sec. 7. Effective January 1, 2007.)
  107. 33353.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines when a governmental taxing agency is an “affected taxing entity,” including when a new taxing agency replaces an older one’s geographic jurisdiction.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33353.2. “Affected taxing entity” means any governmental taxing agency that levies a property tax on all or any portion of the property located in the adopted project area in the fiscal year prior to the fiscal year in which the report prepared pursuant to Section 33328 is issued or in any fiscal year after the date the redevelopment plan is adopted. To the extent that a new governmental taxing agency wholly or partially replaces the geographic jurisdiction of a preexisting governmental taxing agency, the new taxing agency shall be an “affected taxing entity” and the preexisting taxing agency shall no longer be an “affected taxing entity.” (Amended by Stats. 2000, Ch. 610, Sec. 5. Effective January 1, 2001.)
  108. 33354.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If an agency wants to amend a redevelopment plan that does not use tax increment financing to add a tax allocation provision, it must follow the same procedure as for adopting a plan, and the legislative body is subject to the same restrictions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33354.5. Where an agency proposes to amend a redevelopment plan which does not utilize tax increment financing to include a tax allocation provision, the agency shall follow the same procedure and the legislative body is subject to the same restrictions as provided for in this article for the adoption of a plan. (Added by Stats. 1976, Ch. 1337.)
  109. 33354.6.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If an agency seeks certain redevelopment plan amendments, it must use the same procedure and restrictions as for adopting a plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Preparation and Adoption of Redevelopment Plans by the Agency [33330 - 33354.6] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33354.6. (a) When an agency proposes to amend a redevelopment plan which utilizes tax increment financing to add new territory to the project area, to increase either the limitation on the number of dollars to be allocated to the redevelopment agency or the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33333.2 or pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33333.4, to lengthen the period during which the redevelopment plan is effective, to merge project areas, or to add significant additional capital improvement projects, as determined by the agency, the agency shall follow the same procedure, and the legislative body is subject to the same restrictions as provided for in this article for the adoption of a plan. (b) When an agency proposes to increase the limitation on the number of dollars to be allocated to the redevelopment agency, it shall describe and identify, in the report required by Section 33352, the remaining blight within the project area, identify the portion, if any, that is no longer blighted, the projects that are required to be completed to eradicate the remaining blight and the relationship between the costs of those projects and the amount of increase in the limitation on the number of dollars to be allocated to the agency. The ordinance adopting the amendment shall contain findings that both (1) significant blight remains with the project area and (2) the blight cannot be eliminated without the establishment of additional debt and the increase in the limitation on the number of dollars to be allocated to the redevelopment agency. (Amended by Stats. 1993, Ch. 942, Sec. 21. Effective January 1, 1994.)
  110. 33354.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.4. Forgiveness of Debts and Loan [33354.7 - 33354.8] ( Article 4.4 added by Stats. 2011, Ch. 226, Sec. 1. )

    Verify source ↗

    Before an agency or public body forgives a loan, advance, or indebtedness repayment, it must adopt a resolution stating the intent to forgive it.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.4. Forgiveness of Debts and Loan [33354.7 - 33354.8] ( Article 4.4 added by Stats. 2011, Ch. 226, Sec. 1. ) ## 33354.7. (a) Before an agency or a public body forgives the repayment, wholly or partially, of a loan, advance, or indebtedness that is owed by a public body to the agency or an agency to the public body, the agency or public body forgiving the repayment shall adopt a resolution that states its intention to forgive the repayment. (b) The resolution shall specify all of the following: (1) The name of the public body or agency. (2) The amount of the proposed forgiveness. (3) The terms of the loan, advance, or indebtedness. (4) The fiscal effect of the proposed forgiveness on the public body. (5) The fiscal effect of the proposed forgiveness on the agency. (6) The date on which the agency or public body intends to act on the proposed forgiveness which shall be no less than 15 days after the adoption of the resolution. (c) The adoption of the resolution and the action that forgives repayment shall not be placed on the agency’s or public body’s consent calendar, but shall be adopted by a recorded rollcall vote. (Added by Stats. 2011, Ch. 226, Sec. 1. (AB 936) Effective January 1, 2012.)
  111. 33354.8.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.4. Forgiveness of Debts and Loan [33354.7 - 33354.8] ( Article 4.4 added by Stats. 2011, Ch. 226, Sec. 1. )

    Verify source ↗

    An agency or public body must adopt a resolution by February 1, 2012 stating whether it forgave certain loan repayment during 2010-2011, and must send a copy of the resolution to the legislative body and the Controller at least 10 days after adoption.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.4. Forgiveness of Debts and Loan [33354.7 - 33354.8] ( Article 4.4 added by Stats. 2011, Ch. 226, Sec. 1. ) ## 33354.8. (a) On or before February 1, 2012, an agency or public body shall adopt a resolution that declares whether or not it has forgiven, during the period of time commencing January 1, 2010, through December 31, 2011, the repayment, wholly or partially, of a loan, advance, or indebtedness that has been owed by a public body to the agency or an agency to the public body. (b) The resolution shall specify all of the following: (1) The name of the public body or agency. (2) The amount of the forgiveness. (3) The terms of the loan, advance, or indebtedness. (4) The fiscal effect of the proposed forgiveness on the public body. (5) The fiscal effect of the proposed forgiveness on the agency. (c) No less than 10 days after the adoption of the resolution, the agency or public body shall transmit a copy of the resolution to the legislative body and the Controller. (Added by Stats. 2011, Ch. 226, Sec. 1. (AB 936) Effective January 1, 2012.)
  112. 33355.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. )

    Verify source ↗

    The agency and legislative body may hold one joint public hearing on a redevelopment plan instead of separate hearings, if both consent. The legislative body’s presiding officer must preside.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. ) ## 33355. As an alternative to the separate public hearings required by Sections 33348 and 33360 of this part, the agency and the legislative body, with the consent of both, may hold a joint public hearing on a redevelopment plan. The presiding officer of the legislative body shall preside over such joint public hearing. (Added by Stats. 1967, Ch. 1242.)
  113. 33356.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. )

    Verify source ↗

    Before a joint public hearing, the agency must submit the plan to the planning commission and the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. ) ## 33356. Prior to such joint public hearing, the agency shall submit the plan to the planning commission by the same procedure as is provided in Section 33346, and to the legislative body. The submission of the plan to the legislative body shall be accompanied by the report required by Section 33352. Notice of the joint public hearing shall conform to all requirements prescribed by Sections 33349, 33350, and 33361. The joint public hearing shall thereafter proceed by the same requirements as are provided in Sections 33360, 33362, 33363, and 33363.5. (Amended by Stats. 1972, Ch. 509.)
  114. 33357.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. )

    Verify source ↗

    After the joint public hearing, the agency may approve the plan and send its approval and any recommendations for changes to the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. ) ## 33357. After the close of the joint public hearing, the agency may proceed to approve the plan and submit its approval together with any recommendations for changes to the legislative body. If the agency desires to recommend any changes in the plan, such changes shall be submitted to the planning commission for its report and recommendation by the same procedure as is provided in Sections 33346 and 33347. (Added by Stats. 1967, Ch. 1242.)
  115. 33358.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. )

    Verify source ↗

    The legislative body may act on the plan after receiving the approval, any recommended changes, and the planning commission’s report and recommendation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. ) ## 33358. After receipt of the approval and any recommendations for changes as well as the report and recommendation of the planning commission of the recommended changes, the legislative body may proceed to act upon the plan pursuant to Sections 33363.5 to 33375, inclusive. (Added by Stats. 1967, Ch. 1242.)
  116. 33359.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. )

    Verify source ↗

    If a joint public hearing is held and the legislative body is also the agency, only the legislative body needs to approve and adopt the plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4.5. Alternative Procedures for a Joint Public Hearing by the Agency and the Legislative Body [33355 - 33359] ( Article 4.5 added by Stats. 1967, Ch. 1242. ) ## 33359. When a joint public hearing is held where the legislative body is also the agency, action to approve and adopt the plan need be taken only by the legislative body. At the conclusion of the joint public hearing on the plan, the legislative body may proceed to adopt the plan pursuant to Sections 33363.5 to 33375, inclusive, with no further actions necessary by the agency, even as to the recommendations required of the agency by Section 33363.5. (Added by Stats. 1967, Ch. 1242.)
  117. 33360.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    At a public hearing, the legislative body must consider the redevelopment plan submitted by the agency and may adjourn the hearing from time to time.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33360. The legislative body at a public hearing shall consider the redevelopment plan submitted by the agency. The legislative body may adjourn the hearing from time to time. (Added by Stats. 1963, Ch. 1812.)
  118. 33360.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must send a preliminary report and hearing notice to two departments at least 45 days before the public hearing, and those departments may comment on the plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33360.5. (a) No later than 45 days prior to the public hearing on a proposed plan adoption by an agency or the joint public hearing of the agency and the legislative body, the agency shall deliver a copy of the preliminary report and notice of the date of the public hearing to the Department of Finance and the Department of Housing and Community Development by first-class mail. (b) Upon receiving the report, the Department of Finance shall prepare an estimate of how the proposed plan adoption will affect the General Fund. The Department of Finance shall determine whether the adoption will affect the need for school facilities. (c) Within 21 days of the receipt of the report, the Department of Finance or the Department of Housing and Community Development may send any comments regarding the proposed plan adoption in writing to the agency and the legislative body. The agency and the legislative body shall consider these comments, if any, at the public hearing on the proposed plan adoption. If these comments are not available within the prescribed time limit, the agency and the legislative body may proceed without them. (d) The Department of Finance or the Department of Housing and Community Development may also send their comments regarding the proposed plan adoption to the Attorney General for further action pursuant to Chapter 5 (commencing with Section 33501). (Added by Stats. 2006, Ch. 595, Sec. 8. Effective January 1, 2007.)
  119. 33361.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The public hearing notice must be published at least once a week for four consecutive weeks in a newspaper of general circulation in the county where the land is located, and it must describe the proposed project area and hearing details.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33361. Notice of the public hearing shall be given by publication not less than once a week for four successive weeks in a newspaper of general circulation published in the county in which the land lies. The notice shall: (a) Describe specifically the boundaries of the proposed redevelopment project area; and (b) State the day, hour and place when and where any and all persons having any objections to the proposed redevelopment plan or who deny the existence of blight in the proposed project area, or the regularity of any of the prior proceedings, may appear before the legislative body and show cause why the proposed plan should not be adopted. (Added by Stats. 1963, Ch. 1812.)
  120. 33362.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Any person may submit written objections to a proposed redevelopment plan to the clerk of the legislative body before the hearing time for objections.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33362. At any time not later than the hour set for hearing objections to the proposed redevelopment plan, any person may file in writing with the clerk of the legislative body a statement of his objections to the proposed plan. (Added by Stats. 1963, Ch. 1812.)
  121. 33363.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body must hear objections, review the agency and committee reports and the evidence, and give written responses with reasons before adopting a redevelopment plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33363. At the hour set in the notice required by Section 33361 for hearing objections, the legislative body shall proceed to hear all written and oral objections. Before adopting the redevelopment plan the legislative body shall evaluate the report of the agency, the report and recommendation of the project area committee, and all evidence and testimony for and against the adoption of the plan and shall make written findings in response to each written objection of an affected property owner or taxing entity. The legislative body shall respond in writing to the written objections received before or at the noticed hearing, including any extensions thereof, and may additionally respond to written objections that are received after the hearing. The written responses shall describe the disposition of the issues raised. The legislative body shall address the written objections in detail, giving reasons for not accepting specified objections and suggestions. The legislative body shall include a good-faith, reasoned analysis in its response and, for this purpose, conclusionary statements unsupported by factual information shall not suffice. (Amended by Stats. 1988, Ch. 1510, Sec. 3.)
  122. 33363.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may change a redevelopment plan or project boundaries before adoption, but only after the agency’s recommendation and the planning commission’s report and recommendation; the commission must file that report within 30 days, or it is deemed waived.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33363.5. After the redevelopment plan and accompanying documents have been submitted by the agency to the legislative body and at any time prior to the adoption of the plan, the legislative body upon the recommendation of the agency, without additional agency public hearings, may change such plan, or change the boundaries of the project area to exclude land from the project area, after receipt of a report and recommendation from the planning commission concerning such changes. The planning commission may recommend for or against the changes. Within 30 days after a change is submitted to it for consideration the planning commission shall make and file its report and recommendation with the legislative body. If the planning commission does not report upon the change within 30 days after its submission by the legislative body, the planning commission shall be deemed to have waived its report and recommendation concerning the change and the legislative body may proceed to act upon the plan without the report and recommendation of the planning commission. The legislative body shall consider any proposed changes at a public hearing reopened for that limited purpose. (Amended by Stats. 1967, Ch. 1242.)
  123. 33364.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may adopt the plan at the hearing if no written objections are received or presented.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33364. If no objections in writing have been delivered to the clerk of the legislative body prior to the hour set for the hearing thereon, and if no written objections are presented during the hearing thereon, the legislative body may proceed to adopt the plan at the time set for hearing thereon. If any written objections are delivered or presented, as specified in this article, the legislative body may adopt the plan only after consideration of the objections, and adoption of written findings in response thereto, pursuant to Section 33363 at a subsequent date not less than one week after the time the hearing on objections is commenced pursuant to Section 33363. (Amended by Stats. 1988, Ch. 1510, Sec. 4.)
  124. 33365.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may adopt the redevelopment plan by ordinance, and that ordinance is generally subject to referendum unless Section 33378 provides otherwise.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33365. The legislative body by ordinance may adopt the redevelopment plan as the official redevelopment plan for the project area. Except as otherwise provided in Section 33378, the ordinance adopting the redevelopment plan shall be subject to referendum as prescribed by law for the ordinances of the legislative body. (Amended by Stats. 1977, Ch. 797.)
  125. 33366.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may adopt a redevelopment plan by a two-thirds vote if approval was recommended against, or by a majority vote if approval was recommended or no recommendation was made in time.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33366. If the planning commission or the project area committee has recommended against the approval of the redevelopment plan, the legislative body may adopt such plan by a two-thirds vote of its entire membership eligible and qualified to vote on such plan. If the planning commission or the project area committee has recommended approval or failed to make any recommendation within the time allowed, the legislative body may adopt the redevelopment plan by a majority vote of the entire membership eligible and qualified to vote on such plan. (Amended by Stats. 1977, Ch. 797.)
  126. 33367.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The ordinance must include specified redevelopment findings and statements, and people or low-income housing units cannot be displaced or removed before required plans are adopted.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33367. The ordinance shall contain all of the following: (a) The purposes and intent of the legislative body with respect to the project area. (b) The plan incorporated by reference. (c) A designation of the approved plan as the official redevelopment plan of the project area. (d) The findings and determinations of the legislative body, which shall be based on clearly articulated and documented evidence, that: (1) The project area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in this part. (2) The redevelopment plan would redevelop the area in conformity with this part and in the interests of the public peace, health, safety, and welfare. (3) The adoption and carrying out of the redevelopment plan is economically sound and feasible. (4) The redevelopment plan is consistent with the general plan of the community, including, but not limited to, the community’s housing element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (5) The carrying out of the redevelopment plan would promote the public peace, health, safety, and welfare of the community and would effectuate the purposes and policy of this part. (6) The condemnation of real property, if provided for in the redevelopment plan, is necessary to the execution of the redevelopment plan and adequate provisions have been made for payment for property to be acquired as provided by law. (7) The agency has a feasible method or plan for the relocation of families and persons displaced from the project area, if the redevelopment plan may result in the temporary or permanent displacement of any occupants of housing facilities in the project area. (8) (A) There are, or shall be provided, in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the project area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. (B) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5. (9) All noncontiguous areas of a project area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 without other substantial justification for their inclusion. (10) Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part; that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Section 33670 without other substantial justification for its inclusion. (11) The elimination of blight and the redevelopment of the project area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the agency. (12) The project area is predominantly urbanized, as defined by subdivision (b) of Section 33320.1. (13) The time limitation and, if applicable, the limitation on the number of dollars to be allocated to the agency that are contained in the plan are reasonably related to the proposed projects to be implemented in the project area and to the ability of the agency to eliminate blight within the project area. (14) The implementation of the redevelopment plan will improve or alleviate the physical and economic conditions of blight in the project area, as described in the report prepared pursuant to Section 33352. (e) A statement that the legislative body is satisfied that permanent housing facilities will be available within three years from the time occupants of the project area are displaced and that, pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. (Amended by Stats. 2006, Ch. 595, Sec. 9. Effective January 1, 2007.)
  127. 33368.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body’s decision is final, and the project area is conclusively treated as a blighted area, with prior proceedings presumed regular.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33368. The decision of the legislative body shall be final and conclusive, and it shall thereafter be conclusively presumed that the project area is a blighted area as defined by Section 33031 and that all prior proceedings have been duly and regularly taken. This section shall not apply in any action questioning the validity of any redevelopment plan, or the adoption or approval of a redevelopment plan, or any of the findings or determinations of the agency or the legislative body in connection with a redevelopment plan brought pursuant to Section 33501 within the time limits prescribed by Section 33500. (Amended by Stats. 2002, Ch. 664, Sec. 142. Effective January 1, 2003.)
  128. 33369.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment plan includes community spending, the legislative body must provide for that spending when approving the plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33369. If the plan provides for the expenditure of any money by the community, the legislative body shall provide for such expenditure at the time of or in connection with the approval of the plan. (Added by Stats. 1963, Ch. 1812.)
  129. 33370.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body must declare, when adopting or connected to adopting the plan, that it intends to carry out the proceedings needed under the plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33370. The legislative body at the time of, or in connection with, the adoption of the plan, shall declare its intention to undertake and complete any proceedings necessary to be carried out by the community under the provisions of the plan. (Added by Stats. 1963, Ch. 1812.)
  130. 33371.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may require the agency to submit certain redevelopment-related contracts for approval before they are entered into.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33371. Before entering into any or certain types of contracts in connection with the redevelopment plan, the legislative body may require the agency to submit such contracts to the legislative body and obtain its approval. (Added by Stats. 1963, Ch. 1812.)
  131. 33372.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    When the ordinance adopting a redevelopment plan is filed, a copy must be sent to the agency, and the agency is responsible for carrying out the plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33372. Upon the filing of the ordinance adopting the redevelopment plan with the clerk or other appropriate officer of the legislative body, a copy of the ordinance shall be sent to the agency, and the agency is vested with the responsibility for carrying out the plan. (Added by Stats. 1963, Ch. 1812.)
  132. 33373.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must record a statement with the county recorder within 60 days after plan adoption, and it may not start an eminent domain action until that statement is recorded.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33373. (a) Not later than 60 days after the adoption of the redevelopment plan by the legislative body there shall be recorded with the county recorder of the county in which the project area is situated a description of the land within the project area and a statement that proceedings for the redevelopment of the project area have been instituted under this part. (b) If the redevelopment plan authorizes the agency to acquire property by eminent domain, the statement required pursuant to subdivision (a) shall contain the following: (1) A prominent heading in boldface type noting that the property that is the subject of the statement is located within a redevelopment project. (2) A general description of the provisions of the redevelopment plan that authorize the use of the power of eminent domain by the agency. (3) A general description of any limitations on the use of the power of eminent domain contained in the redevelopment plan, including, without limitation, the time limit required by Section 33333.2. (c) For a redevelopment plan adopted on or before December 31, 2006, that authorizes the acquisition of property by eminent domain, the agency shall, on or before December 31, 2007, cause a revised statement to be recorded with the county recorder of the county in which the project area is located containing all of the information required by subdivisions (a) and (b). (d) An agency shall not commence an action in eminent domain until the statement required by this section is recorded with the county recorder of the county in which the project area is located. (e) Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code. (Amended by Stats. 2006, Ch. 603, Sec. 1. Effective January 1, 2007.)
  133. 33374.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    After a redevelopment plan is adopted, the community’s building department must tell building-permit applicants for the next two years that the site is in a redevelopment project area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33374. After the adoption of a redevelopment plan for a project area by the legislative body, all applicants for building permits in the area for a period of two years thereafter shall be advised by the building department of the community that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. (Added by Stats. 1963, Ch. 1812.)
  134. 33375.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    After a redevelopment plan is adopted, the community clerk must send specified plan documents to county and other taxing-agency officials within 30 days.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33375. After the adoption by the legislative body of a redevelopment plan that contains the provision permitted by Section 33670, the clerk of the community shall transmit a copy of the description and statement recorded pursuant to Section 33373, a copy of the ordinance adopting the plan, and a map or plat indicating the boundaries of the project area to the auditor and assessor of the county in which the project is located; to the officer or officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the county assessment roll or do not collect its taxes through the county; to the governing body of each of the taxing agencies which levies taxes upon any property in the project area; and to the State Board of Equalization. Those documents shall be transmitted within 30 days following the adoption of the redevelopment plan. The legal effect of those transmittals shall be as set forth in Section 33674. (Amended by Stats. 2006, Ch. 643, Sec. 25. Effective January 1, 2007.)
  135. 33376.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An ordinance adopting a redevelopment plan for the Crescent City disaster area may be enacted as an emergency ordinance and is not subject to referendum.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Procedure for Adoption of Redevelopment Plans by the Legislative Body [33360 - 33376] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33376. Any ordinance adopted pursuant to this article adopting a redevelopment plan for the Crescent City disaster area, may be adopted as an emergency ordinance and shall not be subject to referendum. (Added by Stats. 1964, 1st Ex. Sess., Ch. 54.)
  136. 33378.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5.5. Referendums [33378 - 33378.5] ( Article 5.5 added by Stats. 1977, Ch. 797. )

    Verify source ↗

    This section sets formatting and content rules for referendum ballot language, signature thresholds for certain large-city or county petitions, filing deadlines, and required ballot-pamphlet analysis for some redevelopment referendums.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5.5. Referendums [33378 - 33378.5] ( Article 5.5 added by Stats. 1977, Ch. 797. ) ## 33378. (a) With respect to any ordinance that is subject to referendum pursuant to Sections 33365 and 33450, the language of the statement of the ballot measure shall set forth with clarity and in language understandable to the average person that a “Yes” vote is a vote in favor of adoption or amendment of the redevelopment plan and a “No” vote is a vote against the adoption or amendment of the redevelopment plan. (b) (1) Notwithstanding any other provision of law, including the charter of any city or city and county, referendum petitions circulated in cities or counties over 500,000 in population shall bear valid signatures numbering not less than 10 percent of the total votes cast within the city or county for Governor at the last gubernatorial election. (2) Notwithstanding any other provision of law, including the charter of any city or city and county, or Section 9242 of the Elections Code, the referendum petitions of all cities and counties shall be submitted to the clerk of the legislative body within 90 days of the adoption of an ordinance subject to referendum under this act. (c) With respect to any ordinance that is subject to referendum pursuant to Sections 33365 and 33450 and either provides for tax-increment financing pursuant to Section 33670 or expands a project area that is subject to tax-increment financing, the referendum measure shall include, in the ballot pamphlet, an analysis by the county auditor-controller and, at the option of the legislative body, a separate analysis by the agency, of the redevelopment plan or amendment that will include both of the following: (1) An estimate of the potential impact on property taxes per each ten thousand dollars ($10,000) of assessed valuation for taxpayers located in the city or county, as the case may be, outside the redevelopment project area during the life of the redevelopment project. (2) An estimate of what would happen to the project area in the absence of the redevelopment project or in the absence of the proposed amendment to the plan. (Amended by Stats. 2006, Ch. 595, Sec. 10. Effective January 1, 2007.)
  137. 33378.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5.5. Referendums [33378 - 33378.5] ( Article 5.5 added by Stats. 1977, Ch. 797. )

    Verify source ↗

    The referendum-right provisions do not apply to a charter city in Los Angeles County with a population of 1,000 or less until January 1, 1983.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5.5. Referendums [33378 - 33378.5] ( Article 5.5 added by Stats. 1977, Ch. 797. ) ## 33378.5. The provisions of this part establishing a right of referendum shall not be applicable to a charter city in the County of Los Angeles containing a population of 1,000 or less until January 1, 1983. (Added by Stats. 1977, Ch. 797.)
  138. 33380.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Owner Participation [33380 - 33381] ( Article 6 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must allow owner participation in redevelopment of property in the project area, as required by the redevelopment plan adopted for that area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Owner Participation [33380 - 33381] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33380. An agency shall permit owner participation in the redevelopment of property in the project area in conformity with the redevelopment plan adopted by the legislative body for the area. (Added by Stats. 1963, Ch. 1812.)
  139. 33381.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Owner Participation [33380 - 33381] ( Article 6 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment plan allows owner participation and the owners do not sign a binding agreement under the agency’s rules, the Section 33340 alternative provisions take effect as the official redevelopment plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Owner Participation [33380 - 33381] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33381. If the redevelopment plan adopted provides for participation in the redevelopment of property in the area by the owners of such property, and the owners fail or refuse to enter into a binding agreement for participation in accordance with the rules adopted by the agency pursuant to Section 33339, the alternative provisions provided for in Section 33340 become effective as the official redevelopment plan of the project area. (Added by Stats. 1963, Ch. 1812.)
  140. 33385.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. )

    Verify source ↗

    This section requires a city or county legislative body to start forming a project area committee in certain redevelopment situations, sets notice and meeting steps, and limits how the committee is selected and challenged.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. ) ## 33385. (a) The legislative body of a city or county shall call upon the residents and existing community organizations in a redevelopment project area to form a project area committee in either of the following situations: (1) A substantial number of low-income persons or moderate-income persons, or both, reside within the project area, and the redevelopment plan as adopted will contain authority for the agency to acquire, by eminent domain, property on which any persons reside. (2) The redevelopment plan as adopted contains one or more public projects that will displace a substantial number of low-income persons or moderate-income persons, or both. (b) The legislative body shall, by resolution, adopt a procedure pursuant to this section for the formation of the project area committee. The procedure shall include, but not be limited to, all of the following: (1) Publicizing the opportunity to serve on the project area committee, by providing written notice by first-class mail to all residents, businesses, and community organizations, including religious institutions and other nonprofit organizations, within the project area at least 30 days prior to the formation of the project area committee. (2) The agency shall conduct a minimum of one public meeting to explain the establishment of, functions of, and opportunity to serve on, the project area committee. At the public meeting, the agency shall distribute copies of this article, copies of Sections 33347.5 and 33366, copies of the procedure adopted pursuant to this subdivision, copies of the redevelopment plan or preliminary plan or the pertinent portions thereof, and any other materials the agency determines would be useful. (3) Providing published notice of all meetings, hearings, or plebiscites conducted by, or on behalf of, the agency or legislative body relative to the formation and selection of the project area committee in the same manner as specified in subdivision (a) of Section 65090 of the Government Code. (4) (A) Providing written notice to all residents, businesses, and community organizations in the project area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the agency or legislative body relative to the formation and selection of the project area committee. This mailed notice requirement shall only apply when mailing addresses to all individuals and businesses, or to all occupants, are obtainable by the agency at a reasonable cost. The notice shall be mailed by first-class mail, but may be addressed to “occupant.” In lieu of providing separate notice for each meeting, hearing, or plebiscite, the agency may provide a single notice pursuant to this paragraph stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the project area committee. (B) If the agency has acted in good faith to comply with the notice requirements of this paragraph, the failure of the agency to provide the required notice to residents or businesses unknown to the agency or whose addresses cannot be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the project area committee. (5) Providing other forms of notice appropriate to the community in which the project area is to be established, as determined by the agency. Notice provided pursuant to this paragraph may include public service announcements, advertisements in foreign-language publications, or flyers. (6) The number of community organizations and the method of selection, which may include election, appointment, or both. (7) Any other forms of assistance which the legislative body requires in connection with the formation of the project area committee. (c) The project area committee shall only include, when applicable, elected representatives of residential owner occupants, residential tenants, business owners, and existing organizations within the project area. Each group shall be adequately represented. Each organization represented pursuant to this subdivision shall appoint one of its members to the project area committee. No project area committee member may be appointed by the legislative body or the redevelopment agency or any member of either body. The members of the committee shall serve without compensation. (d) (1) The election of a representative project area committee shall be held in each project area within 100 days after the project area is selected. The legislative body shall adopt, after a duly noticed public hearing, communitywide procedures for filing for election, publicizing an election, holding an election, and for reviewing disputed elections, filling vacated seats, and other matters related to the electoral process. These procedures shall prohibit crossover voting between categories of residential owner occupants, residential tenants, and business owners to ensure, for example, that a business owner cannot vote for a tenant representative. However, if the legislative body determines that the method of selection of community organizations shall include election pursuant to subdivision (b), the legislative body shall determine the appropriate electorate and may authorize crossover voting in the election of community organizations. (2) The procedures adopted pursuant to this subdivision shall provide that a challenge to an election or to an electoral procedure shall be filed with the legislative body no more than 15 calendar days after the election. The legislative body shall adopt a finding that all adopted procedures of the legislative body were followed in the election. The procedures shall require that the validity of all challenges be determined within 30 days following the date of the election. (e) For project areas selected prior to March 7, 1973, the legislative body may, but shall not be required to, call upon the residents and existing community organizations to form a project area committee. (f) If the project does not contain a substantial number of low- and moderate-income individuals, the agency shall either call upon the residents and existing community organizations to form a project area committee or the agency shall consult with, and obtain the advice of, residents and community organizations as provided for project area committees in Section 33386 and provide those persons and organizations with the redevelopment plan prior to submitting it to the legislative body. (g) Nothing contained in this section shall prevent an agency, or the legislative body of any city or county, from creating any other committee for a project area. However, these committees shall not be merged into the project area committee subsequent to the formation thereof, and a member of any of these other committees shall not be entitled to vote in meetings of the project area committee, unless he or she is also a member of the project area committee. (h) The meeting of a project area committee shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (i) The agency may charge fees to persons purchasing or leasing property from the agency in the project area and to persons participating in redevelopment of the project area under an owner participation agreement to defray any cost to the agency or legislative body in implementing this section. (j) The amendments made to this section by the act that adds this subdivision shall be applicable only to a redevelopment plan that is adopted or amended on or after the effective date of the act that adds this subdivision. (Amended by Stats. 1993, Ch. 1217, Sec. 2. Effective January 1, 1994.)
  141. 33385.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. )

    Verify source ↗

    If no project area committee exists, the agency must establish one before amending a redevelopment plan in the specified eminent-domain situations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. ) ## 33385.3. (a) If a project area committee does not exist, and the agency proposes to amend a redevelopment plan, the agency shall establish a project area committee pursuant to Section 33385 if the proposed amendment to a redevelopment plan would do either of the following: (1) Grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate-income persons reside. (2) Add territory in which a substantial number of low- and moderate-income persons reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The project area committee may be composed of persons from only the added territory or both the added area and the existing project area. (b) Once a project area committee is formed, the requirements of Section 33385.5, except for project area committee expansion, shall be followed. (Added by Stats. 1993, Ch. 1217, Sec. 3. Effective January 1, 1994.)
  142. 33385.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. )

    Verify source ↗

    This section requires notice and committee review before certain redevelopment plan amendments can be heard or adopted.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. ) ## 33385.5. The agency shall forward copies of the proposed amendment to the redevelopment plan to the project area committee, if one exists, at least 30 days before the hearing of the legislative body, required in Section 33454. Where the proposed amendment would enlarge the project area, the redevelopment agency shall call upon the project area committee to expand its membership to include additional members on the project area committee in compliance with Section 33385. Such expansion of membership shall be submitted to the legislative body within 30 days for the body’s approval within 60 days to assure that the project area committee is representative. The legislative body shall not hold the public hearing, required by Section 33454, until the enlarged project area committee has had at least 30 days to consider the proposed amendment. The committee, if it chooses, may prepare a report and recommendations for submission to the legislative body. If the project area committee opposes the adoption of the proposed amendment, the legislative body may only adopt the amendment by a two-thirds vote of its entire membership eligible and qualified to vote on such amendments. (Added by Stats. 1977, Ch. 797.)
  143. 33386.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. )

    Verify source ↗

    The redevelopment agency must consult with and get advice from the project area committee on certain housing-related policy matters, and also on other policy matters affecting project-area residents.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. ) ## 33386. The redevelopment agency through its staff, consultants, and agency members shall, upon the direction of and approval of the legislative body consult with, and obtain the advice of, the project area committee concerning those policy matters which deal with the planning and provision of residential facilities or replacement housing for those to be displaced by project activities. The agency shall also consult with the committee on other policy matters which affect the residents of the project area. The provisions of this section shall apply throughout the period of preparation of the redevelopment plan and for a three-year period after the adoption of the redevelopment plan, subject to one-year extensions by the legislative body. (Added by Stats. 1969, Ch. 955.)
  144. 33387.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. )

    Verify source ↗

    The redevelopment agency must keep minutes and records of its meetings with the project area committee, make them open to public inspection, and include a summary in its report to the legislative body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. ) ## 33387. Minutes of all the meetings of the redevelopment agency with the project area committee, which meetings shall be open and public, together with a record of all information presented to the project area committee by the redevelopment agency or by the project area committee for the redevelopment agency for the purpose of carrying out the provisions of this article shall be maintained by the redevelopment agency. Such minutes and record shall be open to public inspection and a summary of such record shall be included in the report to the legislative body, submitted by the agency pursuant to Section 33352. (Added by Stats. 1969, Ch. 955.)
  145. 33388.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. )

    Verify source ↗

    The legislative body must allocate necessary operating funds to the project area committee when recommended by the committee, and those funds cannot be used for litigation except to enforce or defend the committee’s rights under this part.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6.5. Project Area Committee [33385 - 33388] ( Article 6.5 added by Stats. 1969, Ch. 955. ) ## 33388. (a) Upon recommendation of the project area committee, funds as determined necessary by the legislative body for the operation of the project area committee shall be allocated to the committee by the legislative body. This allocation shall include funds or equivalent resources for a committee office, equipment and supplies, legal counsel, and adequate staff for the purposes set forth in Section 33386. (b) No funds allocated under this section shall be used for any litigation, other than litigation to enforce or defend the rights of the project area committee under this part. (Amended by Stats. 1993, Ch. 1217, Sec. 4. Effective January 1, 1994.)
  146. 33390.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines “real property” for this article.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33390. “Real property” means: (a) Land, including land under water and waterfront property. (b) Buildings, structures, fixtures, and improvements on the land. (c) Any property appurtenant to or used in connection with the land. (d) Every estate, interest, privilege, easement, franchise, and right in land, including rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens. (Added by Stats. 1963, Ch. 1812.)
  147. 33391.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may acquire property in the survey area or for redevelopment purposes, including by purchase, lease, gift, devise, or eminent domain.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33391. Within the survey area or for purposes of redevelopment an agency may: (a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it, including repurchase of developed property previously owned by the agency. (b) Acquire real property by eminent domain. (Amended by Stats. 1988, Ch. 1599, Sec. 2. Effective September 30, 1988.)
  148. 33391.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must get an appraisal from a qualified independent appraiser before buying or acquiring real property under Section 33391.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33391.1. On and after January 1, 2012, an agency shall obtain an appraisal from a qualified independent appraiser to determine the fair market value of property before the agency acquires or purchases real property pursuant to Section 33391. (Added by Stats. 2011, Ch. 299, Sec. 1. (AB 1338) Effective January 1, 2012.)
  149. 33392.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may buy real property in a project area with the community legislative body’s approval after the preliminary plan is formed and before the redevelopment plan is adopted, but it may not use eminent domain for that acquisition before adoption.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33392. Notwithstanding any other provision of this part, an agency with the approval of the legislative body of the community may acquire, by negotiation or other means, real property in a project area at any time after formulation of the preliminary plan for the area by the planning commission, and prior to the adoption of the redevelopment plan by the legislative body of the community, provided, however, that an agency may not exercise the power of eminent domain in connection with that acquisition prior to adoption of the redevelopment plan. (Amended by Stats. 1999, Ch. 83, Sec. 111. Effective January 1, 2000.)
  150. 33393.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may not acquire property or property interests from its members or officers except through eminent domain proceedings.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33393. An agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings. (Added by Stats. 1963, Ch. 1812.)
  151. 33394.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may not acquire certain real property without the owner’s consent, unless listed redevelopment-related conditions apply.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33394. Without the consent of an owner, an agency shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless such building requires structural alteration, improvement, modernization or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape or use or it is necessary to impose upon such property any of the standards, restrictions and controls of the plan and the owner fails or refuses to agree to participate in the redevelopment plan pursuant to Sections 33339, 33345, 33380 and 33381. (Added by Stats. 1963, Ch. 1812.)
  152. 33395.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may acquire property already devoted to a public use through eminent domain, but it may not acquire property of a public body without that body's consent.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33395. Property already devoted to a public use may be acquired by the agency through eminent domain, but property of a public body shall not be acquired without its consent. (Added by Stats. 1963, Ch. 1812.)
  153. 33396.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may accept certain real property and may dispose of it by sale or long-term lease for development.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33396. An agency at the request of the legislative body of the community may accept a conveyance of real property (located either within or outside a survey area) owned by a public entity and declared surplus by the public entity, or owned by a private entity. The agency may dispose of such property to private persons or to public or private entities, by sale or long-term lease for development. All or any part of the funds derived from the sale or lease of such property may at the discretion of the legislative body of the community be paid to the community, or to the public entity from which any such property was acquired. (Amended by Stats. 1969, Ch. 1561.)
  154. 33397.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before certain property acquisitions, the agency must give notice; some existing use/building restrictions become void against the agency and later interest holders, with listed exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33397. (a) Any covenants, conditions, or restrictions existing on any real property within a project area prior to the time the agency acquires title to such property, which covenants, conditions, or restrictions restrict or purport to restrict the use of, or building upon, such real property, shall be void and unenforceable as to the agency and any other subsequent owners, tenants, lessees, easement holders, mortgagees, trustees, beneficiaries under a deed of trust, or any other persons or entities acquiring an interest in such real property from such time as title to the real property is acquired by an agency whether acquisition is by gift, purchase, eminent domain, or otherwise. (b) Thirty days prior to the acquisition of real property other than by eminent domain, the agency shall provide notice of such acquisition and the provisions of this section to holders of interests which would be made void and unenforceable pursuant to this section as follows: (1) The agency shall publish notice once in a newspaper of general circulation in the community in which the agency is functioning. (2) The agency shall mail notice to holders of such interests if such holders appear of record 60 days prior to the date of acquisition. The agency may accept any release by written instrument from the holder of any such interest or may commence action to acquire such interest after the date of acquisition of the real property. (c) This section shall not apply to covenants, conditions or restrictions imposed by a redevelopment plan or by an agency pursuant to a redevelopment plan. This section also shall not apply to covenants, conditions or restrictions where an agency in writing expressly acquires or holds property subject to such covenants, conditions, or restrictions. This section shall not limit or preclude any rights of reversion of owners, assignees, or beneficiaries of such covenants, conditions, or restrictions limiting the use of land in gifts of land to cities, counties, or other governmental entities. This section shall not limit or preclude the rights of owners or assignees of any land benefited by any covenants, conditions, or restrictions to recover damages against the agency if under law such owner or assignee has any right to damages. No right to damages shall exist against any purchaser from the agency or his successors or assigns, or any other persons or entities. (Added by Stats. 1972, Ch. 880.)
  155. 33398.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Section 1245.260 does not apply to resolutions or ordinances that adopt, approve, or amend a redevelopment project or plan, but it does apply to certain redevelopment agency resolutions for specific parcels of real property.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33398. Section 1245.260 of the Code of Civil Procedure shall not apply to any resolution or ordinance adopting, approving, amending, or approving the amendment of a redevelopment project or plan. Section 1245.260 of the Code of Civil Procedure shall apply to a resolution adopted by a redevelopment agency pursuant to Section 1245.220 of the Code of Civil Procedure with respect to a particular parcel or parcels of real property. (Amended by Stats. 1975, Ch. 1240.)
  156. 33399.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a redevelopment plan has been adopted and no eminent domain proceeding starts within three years, the property owner may offer to sell the property, and may later sue or seek a writ if the agency does not act within the stated deadlines.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 7. Property Acquisition [33390 - 33399] ( Article 7 added by Stats. 1963, Ch. 1812. ) ## 33399. (a) If a public entity has adopted a redevelopment plan but has not commenced an eminent domain proceeding to acquire any particular parcel of property subject to eminent domain thereunder within three years after the date of adoption of the plan, the owner or owners of the entire fee at any time thereafter may offer in writing to sell the property to the agency for its fair market value. If the agency does not, within 18 months from the date of receipt of the original offer, acquire or institute eminent domain proceedings to acquire the property, the property owner or owners may file an action against the agency in inverse condemnation to recover damages from the agency for any interference with the possession and use of the real property resulting from the plan, provided that this section shall not be construed as establishing or creating a presumption to any right to damages or relief solely by reason of the failure of the agency to acquire the property within the time set forth in this section. (b) No claim need be presented against a public entity under Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code as a prerequisite to commencement or maintenance of an action under subdivision (a), but any such action shall be commenced within one year and six months after the expiration of the 18 months period. (c) A public entity may commence an eminent domain proceeding or designate the property to be exempt from eminent domain under the plan at any time before the property owner commences an action under this section. If the public entity commences an eminent domain proceeding or designates the property to be exempt from acquisition by eminent domain before the property owner commences an action under this section, the property owner may not thereafter bring an action under this section. (d) After a property owner has commenced an action under this section, the public entity may declare the property to be exempt from acquisition by eminent domain and abandon the taking of the property only under the same circumstances and subject to the same conditions and consequences as abandonment of an eminent domain proceeding. (e) Commencement of an action under this section does not affect any authority a public entity may have to commence an eminent domain proceeding, take possession of the property pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6 of Title 7 of the Code of Civil Procedure, or abandon the eminent domain proceeding. (f) In lieu of bringing an action under subdivision (a) or if the limitations period provided in subdivision (b) has run, the property owner may obtain a writ of mandate to compel the public entity, within such time as the court deems appropriate, to declare the property acquisition exempt or to commence an eminent domain proceeding to acquire the property. (g) A declaration that property is exempt from acquisition by eminent domain shall be by resolution and shall be recordable. It shall exempt the property from eminent domain under the redevelopment plan, and the redevelopment agency shall have no power of eminent domain as to the property unless the redevelopment plan is thereafter amended to expressly make the property subject to acquisition by eminent domain. (h) With respect to redevelopment projects for which a final redevelopment plan has been adopted prior to January 1, 1977, the three-year period provided for in subdivision (a) shall begin as of January 1, 1977. (Added by Stats. 1976, Ch. 1336.)
  157. 33400.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 8. Property Management [33400 - 33402] ( Article 8 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may, within the survey area or for redevelopment purposes, insure property and manage, rent, operate, repair, or clear real property.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 8. Property Management [33400 - 33402] ( Article 8 added by Stats. 1963, Ch. 1812. ) ## 33400. Within the survey area or for purposes of redevelopment an agency may: (a) Insure or provide for the insurance of any real or personal property of the agency against risks or hazards. (b) Rent, maintain, manage, operate, repair, and clear such real property. (Amended by Stats. 1965, Ch. 1665.)
  158. 33401.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 8. Property Management [33400 - 33402] ( Article 8 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may make tax-in-lieu payments when it owns tax-exempt redevelopment property, but the amount cannot be more than what the public entity would have received if the property were taxable.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 8. Property Management [33400 - 33402] ( Article 8 added by Stats. 1963, Ch. 1812. ) ## 33401. The agency may in any year during which it owns property in a redevelopment project that is tax exempt pay directly to any city, county, city and county, district, including, but not limited to, a school district, or other public corporation for whose benefit a tax would have been levied upon the property had it not been exempt, an amount of money in lieu of taxes that may not exceed the amount of money the public entity would have received if the property had not been tax exempt. (Amended by Stats. 1993, Ch. 942, Sec. 23. Effective January 1, 1994.)
  159. 33402.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 8. Property Management [33400 - 33402] ( Article 8 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency is generally not authorized to own or operate rental property acquired and rehabilitated for resale beyond the time reasonably needed to complete the resale, unless Article 9 applies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 8. Property Management [33400 - 33402] ( Article 8 added by Stats. 1963, Ch. 1812. ) ## 33402. Except as provided in Article 9 (commencing with Section 33410), this part does not authorize an agency to own or operate rental property acquired and rehabilitated in prospect of resale beyond a reasonable period necessary to effect such resale. (Amended by Stats. 1969, Ch. 955.)
  160. 33410.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency may use federal housing-related aids and public or private funds to help rehousing families and single persons displaced from homes in a project area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33410. A redevelopment agency may, in order to facilitate the rehousing of families and single persons who are displaced from their homes in a project area, utilize the aids made available through federal urban renewal, redevelopment and housing legislation and may use funds derived from any public or private source to carry out the purposes of this section. (Added by Stats. 1963, Ch. 1812.)
  161. 33411.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must prepare a feasible relocation plan for people and nonprofit local community institutions displaced by a project.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33411. The agency shall prepare a feasible method or plan for relocation of all of the following: (a) Families and persons to be temporarily or permanently displaced from housing facilities in the project area. (b) Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the project area. (Amended by Stats. 1972, Ch. 614.)
  162. 33411.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before displacing low- and moderate-income families or single persons, the agency must have suitable housing available and ready for occupancy.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33411.1. The legislative body shall insure that such method or plan of the agency for the relocation of families or single persons to be displaced by a project shall provide that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwelling. The agency shall not displace such person or family until such housing units are available and ready for occupancy. (Added by Stats. 1969, Ch. 955.)
  163. 33411.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines several terms used in the article.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33411.2. As used in this article: (a) “Affordable housing cost” has the same meaning as specified in Section 50052.5. (b) “Persons and families of low or moderate income” has the same meaning as specified in Section 50093. (c) “Replacement dwelling unit” means a dwelling unit developed or constructed pursuant to Section 33413 in replacement of a dwelling unit destroyed or removed from the low- and moderate-income housing market by an agency and which is decent, safe, and sanitary and contains at least the same number of bedrooms and other living areas as the dwelling unit destroyed or removed by the agency. (d) “Very low income households” has the same meaning as specified in Section 50105. (Amended by Stats. 1979, Ch. 1191.)
  164. 33411.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If redevelopment housing includes low- or moderate-income units, the agency must make the housing available to displaced low- or moderate-income persons and families who qualify, give them priority, and keep a priority list. The agency may also set reasonable ordering rules for that list.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33411.3. If all or any portion of a redevelopment project is developed with low- or moderate-income housing units and low- or moderate-income housing units are developed with agency assistance or pursuant to Section 33413, the agency shall require, by contract or other appropriate means, that the housing be made available for rent or purchase to the persons and families of low or moderate income displaced by the redevelopment project, if those persons or families meet the income eligibility and other requirements for that housing. Those persons and families shall be given priority in renting or buying that housing. However, failure to give that priority shall not affect the validity of title to real property. The agency shall keep a list of persons and families of low and moderate income displaced by the redevelopment project who are to be given priority, and may establish reasonable rules for determining the order or priority on the list. (Amended by Stats. 2022, Ch. 632, Sec. 3. (SB 1252) Effective January 1, 2023.)
  165. 33411.4.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If there are not enough suitable housing units for displaced low- and moderate-income persons and families, the legislative body must make land available for suitable housing, and the redevelopment agency may direct or cause housing development, rehabilitation, or construction to cover the shortage.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33411.4. If insufficient suitable housing units are available in the community for low- and moderate-income persons and families to be displaced from a redevelopment project area, the legislative body shall assure that sufficient land be made available for suitable housing for rental or purchase by low- and moderate-income persons and families. If insufficient suitable housing units are available in the community for use by such persons and families of low and moderate income displaced by the redevelopment project, the redevelopment agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the community, both inside and outside of redevelopment project areas. (Added by Stats. 1969, Ch. 955.)
  166. 33412.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Permanent housing must be provided within three years after occupants are displaced, and temporary housing must be available in the meantime.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33412. Permanent housing facilities shall be made available within three years from the time occupants are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. (Added by Stats. 1963, Ch. 1812.)
  167. 33413.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section requires redevelopment agencies to replace displaced low- and moderate-income housing with affordable replacement units and to keep certain new or rehabilitated units affordable for set periods.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33413. (a) Whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project that is subject to a written agreement with the agency or where financial assistance has been provided by the agency, the agency shall, within four years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units that have an equal or greater number of bedrooms as those destroyed or removed units at affordable housing costs within the territorial jurisdiction of the agency. When dwelling units are destroyed or removed after September 1, 1989, 75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same or a lower income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units. When dwelling units are destroyed or removed on or after January 1, 2002, 100 percent of the replacement dwelling units shall be available at affordable housing cost to persons in the same or a lower income category (low, very low, or moderate), as the persons displaced from those destroyed or removed units. (b) (1) Prior to the time limit on the effectiveness of the redevelopment plan established pursuant to Sections 33333.2, 33333.6, and 33333.10 at least 30 percent of all new and substantially rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to, and occupied by, persons and families of low or moderate income. Not less than 50 percent of the dwelling units required to be available at affordable housing cost to, and occupied by, persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. (2) (A) (i) Prior to the time limit on the effectiveness of the redevelopment plan established pursuant to Sections 33333.2, 33333.6, and 33333.10 at least 15 percent of all new and substantially rehabilitated dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the agency shall be available at affordable housing cost to, and occupied by, persons and families of low or moderate income. Not less than 40 percent of the dwelling units required to be available at affordable housing cost to, and occupied by, persons and families of low or moderate income shall be available at affordable housing cost to, and occupied by, very low income households. (ii) To satisfy this paragraph, in whole or in part, the agency may cause, by regulation or agreement, to be available, at affordable housing cost, to, and occupied by, persons and families of low or moderate income or to very low income households, as applicable, two units outside a project area for each unit that otherwise would have been required to be available inside a project area. (iii) On or after January 1, 2002, as used in this paragraph and in paragraph (1), “substantially rehabilitated dwelling units” means all units substantially rehabilitated, with agency assistance. Prior to January 1, 2002, “substantially rehabilitated dwelling units” shall mean substantially rehabilitated multifamily rented dwelling units with three or more units regardless of whether there is agency assistance, or substantially rehabilitated, with agency assistance, single-family dwelling units with one or two units. (iv) As used in this paragraph and in paragraph (1), “substantial rehabilitation” means rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of the land value. (v) To satisfy this paragraph, the agency may aggregate new or substantially rehabilitated dwelling units in one or more project areas, if the agency finds, based on substantial evidence, after a public hearing, that the aggregation will not cause or exacerbate racial, ethnic, or economic segregation. (B) To satisfy the requirements of paragraph (1) and subparagraph (A), the agency may purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on multifamily units that restrict the cost of renting or purchasing those units that either: (i) are not presently available at affordable housing cost to persons and families of low or very low income households, as applicable; or (ii) are units that are presently available at affordable housing cost to this same group of persons or families, but are units that the agency finds, based upon substantial evidence, after a public hearing, cannot reasonably be expected to remain affordable to this same group of persons or families. (C) To satisfy the requirements of paragraph (1) and subparagraph (A), the long-term affordability covenants purchased or otherwise acquired pursuant to subparagraph (B) shall be required to be maintained on dwelling units at affordable housing cost to, and occupied by, persons and families of low or very low income, for the longest feasible time but not less than 55 years for rental units and 45 years for owner-occupied units. Not more than 50 percent of the units made available pursuant to paragraph (1) and subparagraph (A) may be assisted through the purchase or acquisition of long-term affordability covenants pursuant to subparagraph (B). Not less than 50 percent of the units made available through the purchase or acquisition of long-term affordability covenants pursuant to subparagraph (B) shall be available at affordable housing cost to, and occupied by, very low income households. (D) To satisfy the requirements of paragraph (1) and subparagraph (A), each mutual self-help housing unit, as defined in subparagraph (C) of paragraph (1) of subdivision (f) of Section 33334.3, that is subject to a 15-year deed restriction shall count as one-third of a unit. (3) The requirements of this subdivision shall apply independently of the requirements of subdivision (a). The requirements of this subdivision shall apply, in the aggregate, to housing made available pursuant to paragraphs (1) and (2), respectively, and not to each individual case of rehabilitation, development, or construction of dwelling units, unless an agency determines otherwise. (4) Each redevelopment agency, as part of the implementation plan required by Section 33490, shall adopt a plan to comply with the requirements of this subdivision for each project area. The plan shall be consistent with, and may be included within, the community’s housing element. The plan shall be reviewed and, if necessary, amended at least every five years in conjunction with either the housing element cycle or the plan implementation cycle. The plan shall ensure that the requirements of this subdivision are met every 10 years. If the requirements of this subdivision are not met by the end of each 10-year period, the agency shall meet these goals on an annual basis until the requirements for the 10-year period are met. If the agency has exceeded the requirements within the 10-year period, the agency may count the units that exceed the requirement in order to meet the requirements during the next 10-year period. The plan shall contain the contents required by paragraphs (2), (3), and (4) of subdivision (a) of Section 33490. (c) (1) The agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, constructed, or price restricted pursuant to subdivision (a) or (b) remain available at affordable housing cost to, and occupied by, persons and families of low-income, moderate-income, and very low income households, respectively, for the longest feasible time, but for not less than 55 years for rental units, 45 years for home ownership units, and 15 years for mutual self-help housing units, as defined in subparagraph (C) of paragraph (1) of subdivision (f) of Section 33334.3, except as set forth in paragraph (2). Nothing in this paragraph precludes the agency and the developer of the mutual self-help housing units from agreeing to 45-year deed restrictions. (2) Notwithstanding paragraph (1), the agency may permit sales of owner-occupied units prior to the expiration of the 45-year period, and mutual self-help housing units prior to the expiration of the 15-year period, established by the agency for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the agency’s investment of moneys from the Low and Moderate Income Housing Fund, including, but not limited to, an equity sharing program that establishes a schedule of equity sharing that permits retention by the seller of a portion of those excess proceeds, based on the length of occupancy. The remainder of the excess proceeds of the sale shall be allocated to the agency, and deposited into the Low and Moderate Income Housing Fund. The agency shall, within three years from the date of sale pursuant to this paragraph of each home ownership or mutual self-help housing unit subject to a 45-year deed restriction, and every third mutual self-help housing unit subject to a 15-year deed restriction, expend funds to make affordable an equal number of units at the same or lowest income level as the unit or units sold pursuant to this paragraph, for a period not less than the duration of the original deed restrictions. Only the units originally assisted by the agency shall be counted towards the agency’s obligations under Section 33413. (3) The requirements of this section shall be made enforceable in the same manner as provided in paragraph (7) of subdivision (f) of Section 33334.3. (4) If land on which the dwelling units required by this section are located is deleted from the project area, the agency shall continue to require that those units remain affordable as specified in this subdivision. (5) For each unit counted towards the requirements of subdivisions (a) and (b), the agency shall require the recording in the office of the county recorder of covenants or restrictions that ensure compliance with this subdivision. With respect to covenants or restrictions that are recorded on or after January 1, 2008, the agency shall comply with the requirements of paragraphs (3) and (4) of subdivision (f) of Section 33334.3. (d) (1) This section applies only to redevelopment projects for which a final redevelopment plan is adopted pursuant to Article 5 (commencing with Section 33360) on or after January 1, 1976, and to areas that are added to a project area by amendment to a final redevelopment plan adopted on or after January 1, 1976. In addition, subdivision (a) shall apply to any other redevelopment project with respect to dwelling units destroyed or removed from the low- and moderate-income housing market on or after January 1, 1996, irrespective of the date of adoption of a final redevelopment plan or an amendment to a final redevelopment plan adding areas to a project area. Additionally, any agency may, by resolution, elect to make all or part of the requirements of this section applicable to any redevelopment project of the agency for which the final redevelopment plan was adopted prior to January 1, 1976. In addition, subdivision (b) shall apply to redevelopment plans adopted prior to January 1, 1976, for which an amendment is adopted pursuant to Section 33333.10, except that subdivision (b) shall apply to those redevelopment plans prospectively only so that the requirements of subdivision (b) shall apply only to new and substantially rehabilitated dwelling units for which the building permits are issued on or after the date that the ordinance adopting the amendment pursuant to Section 33333.10 becomes effective. (2) An agency may, by resolution, elect to require that whenever dwelling units housing persons or families of low or moderate income are destroyed or removed from the low- and moderate-income housing market as part of a redevelopment project, the agency shall replace each dwelling unit with up to three replacement dwelling units pursuant to subdivision (a). (e) Except as otherwise authorized by law, this section does not authorize an agency to operate a rental housing development beyond the period reasonably necessary to sell or lease the housing development. (f) Notwithstanding subdivision (a), the agency may replace destroyed or removed dwelling units with a fewer number of replacement dwelling units if the replacement dwelling units meet both of the following criteria: (1) The total number of bedrooms in the replacement dwelling units equals or exceeds the number of bedrooms in the destroyed or removed units. Destroyed or removed units having one or no bedroom are deemed for this purpose to have one bedroom. (2) The replacement units are affordable to and occupied by the same income level of households as the destroyed or removed units. (g) “Longest feasible time,” as used in this section, includes, but is not limited to, unlimited duration. (Amended by Stats. 2007, Ch. 690, Sec. 2.5. Effective January 1, 2008.)
  168. 33413.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The County of Alameda’s redevelopment agency may count certain Hayward-area housing units toward its housing production requirements if specific conditions are met, and the City of Hayward must give written consent.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33413.1. (a) For only the Mt. Eden Sub-Area of the Eden Redevelopment Project Area, the Redevelopment Agency of the County of Alameda may count, towards satisfaction of the housing production requirements of subdivision (b) of Section 33413, the construction of units outside the project area but within the City of Hayward if all of the following conditions are met: (1) The units shall be available at affordable housing cost to, and occupied by, persons and families of very low or low income. (2) The units shall comply with subdivision (c) of Section 33413, except that the requirements of that subdivision shall be deemed satisfied if the recorded covenants or restrictions are enforceable by the City of Hayward. (3) The units shall be located on a parcel or parcels immediately contiguous to the Mt. Eden Sub-Area of the Eden Redevelopment Project Area. (4) The Redevelopment Agency of the City of Hayward shall provide to the Redevelopment Agency of the County of Alameda written consent to the measures taken pursuant to this section and shall not count any units credited to the Redevelopment Agency of Alameda County pursuant to this section towards its own production or replacement requirements under Section 33413. (b) The Redevelopment Agency of the County of Alameda shall cause to be made available, at affordable housing cost to, and occupied by, persons and families of very low, low-, or moderate-income households, as applicable, two units outside the project area for each unit that otherwise would have been required to be available inside the project area as required by clause (ii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 33413. (c) This section does not apply to a housing unit for which construction commences on or after January 1, 2012. (Amended by Stats. 2007, Ch. 596, Sec. 9.6. Effective January 1, 2008.)
  169. 33413.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must adopt a replacement housing plan before certain redevelopment agreements and generally must not remove or destroy affected dwelling units until that plan is in place.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33413.5. Not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low- and moderate-income housing market, the agency shall adopt by resolution a replacement housing plan. For a reasonable time prior to adopting a replacement housing plan by resolution, the agency shall make available a draft of the proposed replacement housing plan for review and comment by the project area committee, other public agencies, and the general public. The replacement housing plan shall include (1) the general location of housing to be rehabilitated, developed, or constructed pursuant to Section 33413, (2) an adequate means of financing such rehabilitation, development, or construction, (3) a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained, (4) the number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, and (5) the timetable for meeting the plan’s relocation, rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required by Section 33413 but for which no replacement housing plan has been prepared, shall not be destroyed or removed from the low- and moderate-income housing market until the agency has by resolution adopted a replacement housing plan. Nothing in this section shall prevent an agency from destroying or removing from the low- and moderate-income housing market a dwelling unit which the agency owns and which is an immediate danger to health and safety. The agency shall, as soon as practicable, adopt by resolution a replacement housing plan with respect to such dwelling unit. (Amended by Stats. 1978, Ch. 854.)
  170. 33413.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must give preference to limited-equity housing cooperative developments in certain replacement housing projects for low-income persons when requested and when the project can be done efficiently and on time.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33413.7. An agency causing the rehabilitation, development, or construction of replacement dwelling units, other than single-family residences, pursuant to Section 33413 or Section 33464, or pursuant to a replacement housing plan as required by Section 33413.5, or pursuant to provisions of a redevelopment plan required by Section 33334.5, primarily for persons of low income, as defined in Section 50093, shall give preference to those developments that are proposed to be organized as limited-equity housing cooperatives, when so requested by a project area committee established pursuant to Section 33385, provided the project is achievable in an efficient and timely manner. The limited-equity housing cooperatives shall, in addition to the provisions of Section 817 of the Civil Code, be organized so that the consideration paid for memberships or shares by the first occupants following construction or acquisition by the corporation, including the principal amount of obligations incurred to finance the share or membership purchase, does not exceed 3 percent of the development cost or acquisition cost, or of the fair market value appraisal by the permanent lender, whichever is greater. (Amended by Stats. 2009, Ch. 520, Sec. 5. (AB 1246) Effective January 1, 2010.)
  171. 33414.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may run a rehousing bureau to help site occupants get adequate temporary or permanent housing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33414. An agency may operate a rehousing bureau to assist site occupants in obtaining adequate temporary or permanent housing. It may incur any necessary expenses for this purpose. (Added by Stats. 1963, Ch. 1812.)
  172. 33415.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must provide relocation assistance and make the payments required by the referenced Government Code chapter, including federally financed payments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33415. An agency shall provide relocation assistance and shall make all of the payments required by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code, including the making of such payments financed by the federal government. This section shall not be construed to limit any other authority which an agency may have to make other relocation assistance payments, or to make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 1971, Ch. 1574.)
  173. 33416.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may, if the community’s legislative body requests it, dispose of certain acquired real property by sale or long-term lease for housing displaced families and single persons.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33416. In order to facilitate the rehousing of families and single persons displaced by any governmental action, an agency, at the request of the legislative body of the community, may dispose of the real property acquired under the provisions of Section 33396, by sale or long-term lease, for use as, or development of, housing for such displaced persons. (Amended by Stats. 1969, Ch. 1561.)
  174. 33417.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Plans prepared under Section 33411 must be provided to the Department of Housing and Community Development if requested, and the department will review them.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33417. Plans prepared pursuant to Section 33411 shall be provided to the Department of Housing and Community Development upon request to be reviewed by the department. (Amended by Stats. 1975, Ch. 1137.)
  175. 33417.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each qualifying city or county must have a relocation appeals board, and the board must hear relocation complaints, decide compliance, and send its findings to the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33417.5. There is in each city, county, or city and county having an agency a relocation appeals board composed of five members appointed by the mayor of the city or by the chairman of the board of supervisors of the county, subject to the approval of the legislative body. Each board shall promptly hear all complaints brought by residents of the various project areas relating to relocation and shall determine if the redevelopment agency has complied with the provisions of this chapter and, where applicable, federal regulations. The board shall, after a public hearing, transmit its findings and recommendations to the agency. The members of the relocation appeals board shall serve without compensation, but each of the members shall be reimbursed for his necessary expenses incurred in performance of his duties, as determined by the legislative body. (Added by Stats. 1971, Ch. 1757.)
  176. 33418.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must monitor affordable housing, require annual reports from owners or managers, maintain a public database, and may charge fees to help cover compliance costs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 9. Relocation of Persons Displaced by Projects [33410 - 33418] ( Article 9 added by Stats. 1963, Ch. 1812. ) ## 33418. (a) An agency shall monitor, on an ongoing basis, any housing affordable to persons and families of low or moderate income developed or otherwise made available pursuant to any provisions of this part. As part of this monitoring, an agency shall require owners or managers of the housing to submit an annual report to the agency. The annual reports shall include for each rental unit the rental rate and the income and family size of the occupants, and for each owner-occupied unit whether there was a change in ownership from the prior year and, if so, the income and family size of the new owners. The income information required by this section shall be supplied by the tenant in a certified statement on a form provided by the agency. (b) The data specified in subdivision (a) shall be obtained by the agency from owners and managers of the housing specified therein and current data shall be included in any reports required by law to be submitted to the Department of Housing and Community Development or the Controller. The information on income and family size that is required to be reported by the owner or manager shall be supplied by the tenant and shall be the only information on income or family size that the owner or manager shall be required to submit on his or her annual report to the agency. (c) (1) The agency shall compile and maintain a database of existing, new and substantially rehabilitated, housing units developed or otherwise assisted with moneys from the Low and Moderate Income Housing Fund, or otherwise counted towards the requirements of subdivision (a) or (b) of Section 33413. The database shall be made available to the public on the Internet and updated on an annual basis and shall include the date the database was last updated. The database shall require all of the following information for each owner-occupied unit or rental unit, or for each group of units, if more than one unit is subject to the same covenant: (A) The street address and assessor’s parcel number of the property. (B) The size of each unit, measured by the number of bedrooms. (C) The year in which the construction or substantial rehabilitation of the unit was completed. (D) The date of recordation and document number of the affordability covenants or restrictions required under subdivision (f) of Section 33334.3. (E) The date on which the covenants or restrictions expire. (F) For owner-occupied units that have changed ownership during the reporting year, as described in subdivision (a), the date and document number of the new affordability covenants or other documents recorded to assure that the affordability restriction is enforceable and continues to run with the land. (G) Whether occupancy in the unit or units is restricted to any special population, including senior citizens. (2) Notwithstanding subparagraphs (A) and (D) of paragraph (1), the database shall omit any property used to confidentially house victims of domestic violence. (3) Upon establishment of a database under this section, the agency shall provide reasonable notice to the community regarding the existence of the database. (d) The agency shall adequately fund its monitoring activities as needed to insure compliance of applicable laws and agreements in relation to affordable units. For purposes of defraying the cost of complying with the requirements of this section and the changes in reporting requirements of Section 33080.4 enacted by the act enacting this section, an agency may establish and impose fees upon owners of properties monitored pursuant to this section. (Amended by Stats. 2010, Ch. 610, Sec. 3.5. (AB 2762) Effective January 1, 2011.)
  177. 33420.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may clear or move buildings, structures, or other improvements from acquired real property.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33420. An agency may clear or move buildings, structures, or other improvements from any real property acquired. (Amended by Stats. 1965, Ch. 1665.)
  178. 33420.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may take necessary, lawful actions to provide seismic retrofits in a project area, and must follow specific building-code requirements depending on the building type.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33420.1. Within a project area, for any project undertaken by an agency for building rehabilitation or alteration in construction, an agency may take those actions which the agency determines necessary and which is consistent with local, state, and federal law, to provide for seismic retrofits as follows: (a) For unreinforced masonry buildings, to meet the requirements of Appendix Chapter A1 of the current California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations). (b) For any buildings that qualify as “historical property” under Section 37602, to meet the requirements of the State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13) and the current California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations). (c) For buildings other than unreinforced masonry buildings and historical properties, to meet the requirements of Appendix A: Guidelines for the Seismic Retrofit of Existing Buildings of the International Existing Building Code unless superseding building standards for existing buildings are adopted in the California Building Code (Part 2 of Title 24 of the California Code of Regulations). If an agency undertakes seismic retrofits and proposes to add new territory to the project area, to increase either the limitation on the number of dollars to be allocated to the redevelopment agency or the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of Section 33333.2, to lengthen the period during which the redevelopment plan is effective, to merge project areas, or to add significant additional capital improvement projects, as determined by the agency, the agency shall amend its redevelopment plan and follow the same procedure, and the legislative body is subject to the same restrictions, as provided for in Article 4 (commencing with Section 33330) for the adoption of a plan. (Amended by Stats. 2011, Ch. 239, Sec. 10. (SB 562) Effective January 1, 2012.)
  179. 33420.2.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Within a project area, an agency may remove graffiti from public or private property if it finds the action is necessary for the redevelopment plan and will help eliminate blight.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33420.2. Within a project area, an agency may take any actions that the agency determines are necessary to remove graffiti from public or private property upon making a finding that, because of the magnitude and severity of the graffiti within the project area, the action is necessary to effectuate the purposes of the redevelopment plan, and that the action will assist with the elimination of blight, as defined in Section 33031. (Added by Stats. 1994, Ch. 381, Sec. 1. Effective January 1, 1995.)
  180. 33421.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may develop property it owns or acquires as a building site, and may arrange for needed streets, utilities, parks, playgrounds, and other public improvements for the redevelopment plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33421. An agency may develop as a building site any real property owned or acquired by it. In connection with such development it may cause, provide or undertake or make provision with other agencies for the installation, or construction of streets, utilities, parks, playgrounds and other public improvements necessary for carrying out in the project area the redevelopment plan. (Added by Stats. 1963, Ch. 1812.)
  181. 33421.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may not use Section 33421 to provide site improvements for industrial or commercial development unless the legislative body first consents.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33421.1. Without the prior consent of the legislative body, the agency may not use its authority under Section 33421 to develop a site for industrial or commercial use so as to provide streets, sidewalks, utilities, or other improvements which an owner or operator of the site would otherwise be obliged to provide. In giving consent, the legislative body shall make a finding that the provision of such improvements is necessary to effectuate the purposes of the redevelopment plan. (Added by Stats. 1976, Ch. 1337.)
  182. 33422.1.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Redevelopment-project work contracts should be awarded, as far as feasible, to business concerns located in the project area or substantially owned by people who live there.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33422.1. To the greatest extent feasible, contracts for work to be performed in connection with any redevelopment project shall be awarded to business concerns which are located in, or owned in the substantial part by persons residing in, the project area. (Added by Stats. 1971, Ch. 1757.)
  183. 33422.3.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may require certain project-area residents to be hired in bids for redevelopment contracts over $100,000.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33422.3. To insure training and employment opportunities for lower-income project area residents, the agency may specify in the call for bids for any contract over one hundred thousand dollars ($100,000) for work to be performed in connection with any redevelopment project that project area residents, if available, shall be employed for a specified percentage of each craft or type of workmen needed to execute the contract or work. (Added by Stats. 1971, Ch. 1757.)
  184. 33423.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before awarding a project contract, the agency must determine the prevailing wages in the locality and state those rates in the bid call and the contract.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33423. Before awarding any contract for such work to be done in a project, the agency shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed, for each craft or type of workman needed to execute the contract or work, and shall specify in the call for bids for the contract and in the contract such rate and the general prevailing rate for regular holiday and overtime work in the locality, for each craft or type of workman needed to execute the contract. (Added by Stats. 1963, Ch. 1812.)
  185. 33424.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The awarded contractor and any subcontractor must pay all workmen on the contract at least the specified prevailing wage rate.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33424. The contractor to whom the contract is awarded and any subcontractor under him shall pay not less than the specified prevailing rate of wages to all workmen employed in the execution of the contract. (Added by Stats. 1963, Ch. 1812.)
  186. 33425.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A contractor must forfeit $10 for each day, or part of a day, that a worker is paid less than the stipulated prevailing rates on covered public work.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33425. As a penalty to the agency which awarded the contract, the contractor shall forfeit ten dollars ($10) for each calendar day or portion thereof for each workman paid less than the stipulated prevailing rates for any public work done under the contract by him or by any subcontractor under him. A stipulation to this effect shall be included in the contract. (Added by Stats. 1963, Ch. 1812.)
  187. 33426.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Contractors and subcontractors must keep accurate wage-and-worker records and make them available for agency inspection at reasonable hours.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33426. Each contractor and subcontractor shall keep an accurate record showing the name, occupation, and actual per diem wages paid to each workman employed by him in connection with the work. The record shall be kept open at all reasonable hours to the inspection of the agency. (Added by Stats. 1963, Ch. 1812.)
  188. 33426.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must not provide direct assistance for certain developments and property uses, including an automobile dealership on undeveloped urban-use land, some large tax-generating developments, and gambling-related projects, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33426.5. Notwithstanding the provisions of Sections 33391, 33430, 33433, and 33445, or any other provision of this part, an agency shall not provide any form of direct assistance to: (a) An automobile dealership which will be or is on a parcel of land which has not previously been developed for urban use, unless, prior to the effective date of the act that adds this section, the agency either owns the land or has entered into an enforceable agreement, for the purchase of the land or of an interest in the land, including, but not limited to, a lease or an agreement containing covenants affecting real property, that requires the land to be developed and used as an automobile dealership. (b) (1) A development that will be or is on a parcel of land of five acres or more which has not previously been developed for urban use and that will, when developed, generate sales or use tax pursuant to Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code, unless the principal permitted use of the development is office, hotel, manufacturing, or industrial, or unless, prior to the effective date of the act that adds this section, the agency either owns the land or has entered into an enforceable agreement, for the purchase of the land or of an interest in the land, including, but not limited to, a lease or an agreement containing covenants affecting real property, that requires the land to be developed. (2) For the purposes of this subdivision, a parcel shall include land on an adjacent or nearby parcel on which a use exists that is necessary for the legal development of the parcel. (c) A development or business, either directly or indirectly, for the acquisition, construction, improvement, rehabilitation, or replacement of property that is or would be used for gambling or gaming of any kind whatsoever including, but not limited to, casinos, gaming clubs, bingo operations, or any facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played. (d) The prohibition in subdivision (c) is not intended to prohibit a redevelopment agency from acquiring property on or in which an existing gambling enterprise is located, for the purpose of selling or leasing the property for uses other than gambling, provided that the agency acquires the property for fair market value. (e) This section shall not be construed to apply to agency assistance in the construction of public improvements that serve all or a portion of a project area and that are not required to be constructed as a condition of approval of a development described in subdivision (a), (b), or (c), or to prohibit assistance in the construction of public improvements that are being constructed for a development that is not described in subdivision (a), (b), or (c). (Amended by Stats. 1996, Ch. 136, Sec. 1. Effective January 1, 1997.)
  189. 33426.7.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A redevelopment agency must not give financial assistance to a vehicle dealer, big box retailer, or related land seller/lessor when the business is moving between communities within the same market area.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 10. Demolition, Clearance, Project Improvements, and Site Preparation [33420 - 33426.7] ( Article 10 added by Stats. 1963, Ch. 1812. ) ## 33426.7. (a) Notwithstanding any other provision of this part, a redevelopment agency shall not provide any form of financial assistance to a vehicle dealer or big box retailer, or a business entity that sells or leases land to a vehicle dealer or big box retailer, that is relocating from the territorial jurisdiction of one community to the territorial jurisdiction of another community but within the same market area. (b) As used in this section: (1) “Big box retailer” means a store of greater than 75,000 square feet of gross buildable area that will generate sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code). (2) “Community” and “territorial jurisdiction” have the meanings specified in Sections 33002 and 33120, respectively. (3) “Financial assistance” includes, but is not limited to, any of the following: (A) Any appropriation of public funds, including loans, grants, or subsidies or the payment for or construction of parking improvements. (B) Any tax incentive, including tax exemptions, rebates, reductions, or moratoria of a tax, including any rebate or payment based upon the amount of sales tax generated from the vehicle dealer or big box retailer. (C) The sale or lease of real property at a cost that is less than fair market value. (D) Payment for, forgiveness of, or reduction of fees. (4) (A) “Market area” means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations as being an area that is large enough to support the location of the specific vehicle dealer or the specific big box retailer that is relocating. (B) With respect to a vehicle dealer, a “market area” shall not extend further than 40 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the vehicle dealer is relocating and ending at the location to which the vehicle dealer is relocating. (C) With respect to a big box retailer, a “market area” shall not extend further than 25 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the big box retailer is relocating and ending at the location to which the big box retailer is relocating. (5) “Relocating” means the closing of a vehicle dealer or big box retailer in one location and the opening of a vehicle dealer or big box retailer in another location within a 365-day period when a person or business entity has an ownership interest in both the vehicle dealer or big box retailer that has closed or will close and the one that is opening. “Relocating” does not mean and shall not include the closing of a vehicle dealer or big box retailer because the vehicle dealer or big box retailer has been or will be acquired or has been or will be closed as a result of the use of eminent domain. (6) “Vehicle dealer” means a retailer that is also a dealer as defined by Section 285 of the Vehicle Code. (c) This section does not apply to agency assistance in the construction of public improvements that serve all or a portion of a project area and that are not required to be constructed as a condition of approval of the vehicle dealer or big box retailer. This section also does not prohibit assistance in the construction of public improvements that are being constructed for a development other than the vehicle dealer or big box retailer. (d) This section shall not apply to any financial assistance provided by a redevelopment agency pursuant to a lease, contract, agreement, or other enforceable written instrument entered into between the redevelopment agency and a vehicle dealer, big box retailer, or a business entity that sells or leases land to a vehicle dealer or big box retailer, if the lease, contract, agreement, or other enforceable written instrument was entered into prior to December 31, 1999. (Amended by Stats. 2003, Ch. 781, Sec. 2. Effective January 1, 2004.)
  190. 33430.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may dispose of real or personal property, or interests in property, within the survey area or for redevelopment purposes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33430. An agency may, within the survey area or for purposes of redevelopment, sell, lease, for a period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of any real or personal property or any interest in property. (Amended by Stats. 2002, Ch. 664, Sec. 143. Effective January 1, 2003.)
  191. 33431.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A lease or sale under Section 33430 may proceed without public bidding if a public hearing is held and notice is published at least once a week for two weeks in a newspaper of general circulation in the county where the land is located.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33431. Any lease or sale made pursuant to Section 33430 may be made without public bidding but only after a public hearing, notice of which shall be given by publication for not less than once a week for two weeks in a newspaper of general circulation published in the county in which the land lies. (Added by Stats. 1963, Ch. 1812.)
  192. 33432.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must lease or sell real property it acquired in a project area, unless Article 9 applies or the property was conveyed to the community or another public body.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33432. Except as provided in Article 9 (commencing with Section 33410) of this part, an agency shall lease or sell all real property acquired by it in any project area, except property conveyed by it to the community or any other public body. Any such lease or sale shall be conditioned on the redevelopment and use of the property in conformity with the redevelopment plan. (Amended by Stats. 1969, Ch. 955.)
  193. 33433.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before certain agency property is sold or leased for redevelopment, the legislative body must approve it by resolution after a public hearing, and the agency must publish notice and make a report available.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33433. (a) (1) Except as provided in subdivision (c), before any property of the agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale or lease shall first be approved by the legislative body by resolution after public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks, as specified in Section 6066 of the Government Code, prior to the hearing. (2) The agency shall make available, for public inspection and copying at a cost not to exceed the cost of duplication, a report no later than the time of publication of the first notice of the hearing mandated by this section. This report shall contain both of the following: (A) A copy of the proposed sale or lease. (B) A summary which describes and specifies all of the following: (i) The cost of the agreement to the agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreements. (ii) The estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the plan. (iii) The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. The purchase price or present value of the lease payments which the lessor will be required to make during the term of the lease. If the sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for the difference. (iv) An explanation of why the sale or lease of the property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation. (v) The report shall be made available to the public no later than the time of publication of the first notice of the hearing mandated by this section. (b) The resolution approving the lease or sale shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for that purpose and shall contain a finding that the sale or lease of the property will assist in the elimination of blight or provide housing for low- or moderate-income persons, and is consistent with the implementation plan adopted pursuant to Section 33490. The resolution shall also contain one of the following findings: (1) The consideration is not less than the fair market value at its highest and best use in accordance with the plan. (2) The consideration is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease. (c) (1) Subdivisions (a) and (b) shall not apply to the sale or lease of a small housing project, as defined in Section 33013, if the legislative body adopts a resolution that authorizes the agency to sell or lease a small housing project pursuant to this subdivision. The agency may sell or lease a small housing project pursuant to this subdivision if, prior to the sale or lease, the agency holds a public hearing pursuant to Section 33431. Any agency that has sold or leased a small housing project pursuant to this subdivision shall, within 30 days after the end of the agency’s fiscal year in which the sale or lease occurred, file a report with the legislative body which discloses the name of the buyer, the legal description or street address of the property, the date of the sale or lease, the consideration for which the property was sold or leased by the agency to the buyer or lessee, and the date on which the agency held its public hearing for the sale or lease, pursuant to Section 33431. (2) As used in this subdivision and Section 33413, “persons and families of low- and moderate-income” has the same meaning as that term is defined in Section 50093. (Amended by Stats. 1996, Ch. 64, Sec. 1. Effective January 1, 1997.)
  194. 33434.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Before an agency sells or leases property from the redevelopment revolving fund, the legislative body must approve it by resolution after a public hearing, with notice published at least one week beforehand.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33434. If any property acquired in whole or in part from the redevelopment revolving fund is to be sold or leased by the agency, the sale or lease shall be first approved by the legislative body by resolution adopted after public hearing. Notice of the time and place of the hearing shall be published once in the official newspaper of the community at least one week prior to the hearing. The resolution shall be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for such purpose. (Added by Stats. 1963, Ch. 1812.)
  195. 33435.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agencies must require redevelopment-project lessees, purchasers, and certain property owners to avoid discriminatory restrictions in rental, sale, or lease agreements, and related transfers must include the prescribed nondiscrimination clauses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33435. (a) Agencies shall obligate lessees and purchasers of real property acquired in redevelopment projects and owners of property improved as a part of a redevelopment project to refrain from restricting the rental, sale, or lease of the property on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. All deeds, leases, or contracts for the sale, lease, sublease, or other transfer of any land in a redevelopment project shall contain or be subject to the nondiscrimination or nonsegregation clauses hereafter prescribed. (b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a). (Amended (as amended by Stats. 2012, Ch. 181, Sec. 69) by Stats. 2013, Ch. 605, Sec. 40. (SB 752) Effective January 1, 2014.)
  196. 33436.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must put anti-discrimination language into specified deeds, leases, and contracts for redevelopment land, and those documents must bar discrimination or segregation in the covered property uses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33436. Express provisions shall be included in all deeds, leases, and contracts that the agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any land in a redevelopment project in substantially the following form: (a) (1) In deeds the following language shall appear—“The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1). (b) (1) In leases the following language shall appear—“The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” (2) Notwithstanding paragraph (1), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1). (c) In contracts entered into by the agency relating to the sale, transfer, or leasing of land or any interest therein acquired by the agency within any survey area or redevelopment project the foregoing provisions in substantially the forms set forth shall be included and the contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. (Amended (as amended by Stats. 2012, Ch. 181, Sec. 70) by Stats. 2013, Ch. 605, Sec. 41. (SB 752) Effective January 1, 2014.)
  197. 33437.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency must require redevelopment-property lessees or purchasers to use the property as planned, start redevelopment within a reasonable time set by the agency, and follow agency-imposed conditions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33437. An agency shall obligate lessees or purchasers of property acquired in a redevelopment project to: (a) Use the property for the purpose designated in the redevelopment plans. (b) Begin the redevelopment of the project area within a period of time which the agency fixes as reasonable. (c) Comply with the covenants, conditions, or restrictions that the agency deems necessary to prevent speculation or excess profittaking in undeveloped land, including right of reverter to the agency. Covenants, conditions, and restrictions imposed by an agency may provide for the reasonable protection of lenders. (d) Comply with other conditions which the agency deems necessary to carry out the purposes of this part. (Amended by Stats. 1997, Ch. 565, Sec. 3. Effective January 1, 1998.)
  198. 33437.5.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The Legislature states that property acquired from a redevelopment agency under a redevelopment plan should not be used for real estate speculation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33437.5. It is the intent of the Legislature that property acquired from a redevelopment agency pursuant to a redevelopment plan not be the subject of real estate speculation. (Added by Stats. 1997, Ch. 565, Sec. 4. Effective January 1, 1998.)
  199. 33438.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may put contract terms on a purchaser’s obligations so they run with the land, and a breach can cause the fee to revert to the agency.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33438. The agency may provide in the contract that any of the obligations of the purchaser are covenants or conditions running with the land, the breach of which shall cause the fee to revert to the agency. (Added by Stats. 1963, Ch. 1812.)
  200. 33439.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must keep controls and set restrictions or covenants for land sold or leased for private use, according to the redevelopment plan.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33439. The agency shall retain controls and establish restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as are provided in the redevelopment plan. The establishment of such controls is a public purpose under the provisions of this part. (Amended by Stats. 1965, Ch. 1665.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.