Health and Safety Code — Part 61 | HSC — United States — California law | Esheria

Health and Safety Code

Part 61 of 87 · provisions 12,001–12,200

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

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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.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 33440.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812.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. )

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    An agency generally may not build buildings for redevelopment-plan uses, but it may build foundations, platforms, and similar structural forms for air-rights sites.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812.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. ) ## 33440. Except as provided in Article 9 (commencing with Section 33410) and in Section 33449, this part does not authorize an agency to construct any of the buildings for residential, commercial, industrial, or other use contemplated by the redevelopment plan, except that, in addition to its powers under Section 33445, an agency may construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings to be used for residential, commercial industrial, or other uses contemplated by the redevelopment plan. (Amended by Stats. 2010, Ch. 610, Sec. 4. (AB 2762) Effective January 1, 2011.)
  2. 33442.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    An agency may transfer certain real property in a survey area for public housing projects.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33442. An agency may sell, lease, grant, or donate real property owned or acquired by the agency in a survey area to a housing authority or to any public agency for public housing projects. (Amended by Stats. 1965, Ch. 1665.)
  3. 33443.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    An agency must either resell rehabilitated property within one year after rehabilitation is completed or publish an annual report about any such property still unsold after that 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33443. Property acquired by an agency for rehabilitation and resale shall be offered for resale within one year after completion of rehabilitation, or an annual report shall be published by the agency in a newspaper of general circulation published in the community listing any rehabilitated property held by the agency in excess of such one-year period, stating the reasons such property remains unsold and indicating plans for its disposition. (Added by Stats. 1963, Ch. 1812.)
  4. 33444.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    Every redevelopment agency undertaking rehabilitation work must file an annual report with the Legislature by February 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33444. In undertaking rehabilitation of structures pursuant to this part, every redevelopment agency shall, on or before February 15th of each year, commencing with February 15, 1963, render a report to the Legislature setting forth in detail the activities of the agency involving rehabilitation, including, but not limited to, each of the following: (a) Expenditure of public funds. (b) Number and kinds of units rehabilitated. (c) Disposition of rehabilitated units. (Added by Stats. 1963, Ch. 1812.)
  5. 33444.5.

    ## 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. )

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    An agency may set up a program that loans funds to owners or tenants to help rehabilitate commercial buildings or structures in the 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33444.5. An agency may establish a program under which it loans funds to owners or tenants for the purpose of rehabilitating commercial buildings or structures within the project area. (Added by Stats. 1993, Ch. 942, Sec. 27. Effective January 1, 1994.)
  6. 33444.6.

    ## 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

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    An agency may help finance facilities or equipment for certain industrial or manufacturing development projects in a project area, but it must first hold a public hearing and make 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33444.6. (a) Within a project area and as part of an agreement that provides for the development or rehabilitation of property that will be used for industrial or manufacturing purposes, an agency may assist with the financing of facilities or capital equipment, including, but not necessarily limited to, pollution control devices. (b) Prior to entering into an agreement for a development that will be assisted pursuant to this section, the agency shall find, after a public hearing, that the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private market. (Added by Stats. 1993, Ch. 942, Sec. 28. Effective January 1, 1994.)
  7. 33445.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    A redevelopment agency may fund certain publicly owned improvements only with the legislative body’s consent and required findings, but it must not fund normal maintenance or operations and generally may not use tax increment funds for city hall or county administration building 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33445. (a) Notwithstanding Section 33440, an agency may, with the consent of the legislative body, pay all or a part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement that is publicly owned and is located inside or contiguous to the project area, if the legislative body determines all of the following: (1) That the acquisition of land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned are of benefit to the project area by helping to eliminate blight within the project area or providing housing for low- or moderate-income persons. (2) That no other reasonable means of financing the acquisition of the land or installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned, are available to the community. (3) That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements that are publicly owned is consistent with the implementation plan adopted pursuant to Section 33490. (b) (1) The determinations made by the agency and the local legislative body pursuant to subdivision (a) shall be final and conclusive. (2) For redevelopment plans, and amendments to those plans that add territory to a project, adopted after October 1, 1976, acquisition of property and installation or construction of each facility shall be provided for in the redevelopment plan. (3) A redevelopment agency shall not pay for the normal maintenance or operations of buildings, facilities, structures, or other improvements that are publicly owned. Normal maintenance or operations do not include the construction, expansion, addition to, or reconstruction of, buildings, facilities, structures, or other improvements that are publicly owned otherwise undertaken pursuant to this section. (c) (1) When the value of the land or the cost of the installation and construction of the building, facility, structure, or other improvement that is publicly owned, or both, has been, or will be, paid or provided for initially by the community or other public corporation, the agency may enter into a contract with the community or other public corporation under which it agrees to reimburse the community or other public corporation for all or part of the value of the land or all or part of the cost of the building, facility, structure, or other improvement that is publicly owned, or both, by periodic payments over a period of years. (2) The obligation of the agency under the contract shall constitute an indebtedness of the agency for the purpose of carrying out the redevelopment project for the project area, and the indebtedness may be made payable out of taxes levied in the project area and allocated to the agency under subdivision (b) of Section 33670 or out of any other available funds. (d) In a case where the land has been or will be acquired by, or the cost of the installation and construction of the building, facility, structure, or other improvement that is publicly owned has been paid by, a parking authority, joint powers entity, or other public corporation to provide a building, facility, structure, or other improvement that has been or will be leased to the community, the contract may be made with, and the reimbursement may be made payable to, the community. (e) (1) Notwithstanding any other authority granted in this section, an agency shall not pay for, either directly or indirectly, with tax increment funds the construction, including land acquisition, related site clearance, and design costs, or rehabilitation of a building that is, or that will be used as, a city hall or county administration building. (2) This subdivision shall not preclude an agency from making payments to construct, rehabilitate, or replace a city hall if an agency does any of the following: (A) Allocates tax increment funds for this purpose during the 1988–89 fiscal year and each fiscal year thereafter in order to comply with federal and state seismic safety and accessibility standards. (B) Uses tax increment funds for the purpose of rehabilitating or replacing a city hall that was seriously damaged during an earthquake that was declared by the President of the United States to be a natural disaster. (C) Uses the proceeds of bonds, notes, certificates of participation, or other indebtedness that was issued prior to January 1, 1994, for the purpose of constructing or rehabilitating a city hall, as evidenced by documents approved at the time of the issuance of the indebtedness. (f) As used in this section, “contiguous” means that the parcel on which the building, facility, structure, or other improvement that is publicly owned is located shares a boundary with the project area or is separated from the project area only by a public street or highway, flood control channel, waterway, railroad right-of-way, or similar feature. (g) Notwithstanding Section 33445.1, an agency may pay for all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement that is publicly owned and is partially located in the project area, but extends beyond the project area’s boundaries, if the legislative body makes the determinations required by subdivision (a). (Amended by Stats. 2009, Ch. 555, Sec. 1. (SB 93) Effective January 1, 2010. See provisions for inoperation in subd. (a) of Section 34189.)
  8. 33445.1.

    ## 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

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    An agency may pay for certain publicly owned improvements outside the project area if the legislative body consents and makes required findings, but it may not pay for normal maintenance or operations.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33445.1. (a) Notwithstanding Section 33440, an agency may, with the consent of the legislative body, pay all or a part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement that is publicly owned and is located outside and not contiguous to the project area, but is located within the community, if the legislative body finds, based on substantial evidence in the record, all of the following: (1) The acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned are of primary benefit to the project area. (2) The acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned benefits the project area by helping to eliminate blight within the project area, or will directly assist in the provision of housing for low- or moderate-income persons. (3) No other reasonable means of financing the acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned, are available to the community, including, but not limited to, general obligation bonds, revenue bonds, special assessment bonds, or bonds issued pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). In determining whether other means of financing are feasible, the legislative body may take into account any relevant factors, including, but not limited to: (A) Legal factors, such as the eligibility of the improvements for funding under the governing statutes. (B) Economic factors, such as prevailing interest rates and market conditions. (C) Political factors, such as the priority of commitments of other public funding sources, the ability or willingness of property owners or taxpayers to bear the cost of any special assessments, taxes, or other charges, and the likelihood of obtaining voter approval, if required. (4) The payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements that are publicly owned is consistent with the implementation plan adopted pursuant to Section 33490. (5) The acquisition of land and the installation of each building, facility, structure, or improvement that is publicly owned is provided for in the redevelopment plan. (b) An agency shall not pay for the normal maintenance or operations of buildings, facilities, structures, or other improvements that are publicly owned. Normal maintenance or operations do not include the construction, expansion, addition to, or reconstruction of, buildings, facilities, structures, or other improvements that are publicly owned otherwise undertaken pursuant to this section. (c) An action to challenge the findings required by this section shall be filed and served within 60 days after the date of the resolution containing the findings. (d) The provisions of this section shall not apply and the provisions of Section 33445 shall apply if the financing, construction, or installation of the land, buildings, facilities, structures, or other improvements is an obligation of the agency under a contract existing on December 31, 2009, specifically described in the implementation plan prepared by the agency as of July 1, 2009, pursuant to Section 33490, or specifically provided for in the redevelopment plan as of December 31, 2009. (Amended by Stats. 2010, Ch. 699, Sec. 26.5. (SB 894) Effective January 1, 2011.)
  9. 33445.3.

    ## 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

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    The California City Redevelopment Agency must not directly support or fund land or improvements that specifically benefit the California City Museum and Restoration Facility.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33445.3. Notwithstanding any other provision of law, the California City Redevelopment Agency shall not directly support the activities of, or pay for any part of the land or any building, facility, structure, or other improvements that specifically benefit, the California City Museum and Restoration Facility. (Added by Stats. 1994, Ch. 299, Sec. 1. Effective January 1, 1995.)
  10. 33445.5.

    ## 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. )

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    A school district board may send overcrowding findings to the redevelopment agency, which must hold a hearing within 45 days, notify and hear affected taxing entities, and consider plan amendments. The board may make the findings only once per 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33445.5. (a) If the governing board of a school district finds that conditions of overcrowding, as defined by subdivision (a) of Section 65973 of the Government Code, exist in one or more attendance areas within the district that serve pupils who reside in housing, located within or adjacent to a project area, and that the conditions of overcrowding result from actions taken by the redevelopment agency in implementing the redevelopment plan, the governing board may transmit a written copy of those findings, together with supporting information, materials, and documents, to the redevelopment agency. The redevelopment agency shall conduct a public hearing within 45 days after receiving the findings to receive public testimony identifying the effects of the redevelopment plan on the impacted attendance area or areas and suggesting revisions to the plan as adopted or amended by the legislative body that would alleviate or eliminate the overcrowding in the attendance area or areas caused by the implementation of the redevelopment plan. The redevelopment agency shall send written notice of the public hearing to, and at the hearing receive public testimony from, any affected taxing entity. After receiving that testimony at the hearing, the agency shall consider amendments of the plan necessary to alleviate or eliminate that overcrowding and may recommend those amendments for adoption by the legislative body. (b) Section 33353 does not apply to an amendment of the plan proposed pursuant to subdivision (a) when both of the following occur: (1) The amendment proposes only to add significant additional capital improvement projects to alleviate or eliminate the overcrowding in the attendance area or areas caused by the implementation of the plan. (2) The amendment will delete capital improvement projects that are equivalent in financial impact on any affected taxing entity or otherwise modify the plan in a way that the agency finds there will be no additional financial impact or any affected taxing entity as a result of the amendment. (c) Any funds received by a school district from a redevelopment agency to alleviate or eliminate the overcrowding in the attendance area or areas caused by implementation of a redevelopment plan as the result of a public hearing conducted pursuant to subdivision (a) shall be used only for capital expenditures. (d) The governing body of a school district shall not make the findings permitted by subdivision (a) with respect to any project area more than once. (e) This section applies only to redevelopment plans adopted prior to January 1, 1984. (Added by Stats. 1986, Ch. 886, Sec. 32.)
  11. 33445.6.

    ## 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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. )

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    A fire protection district board may send findings of financial burden to the redevelopment agency, which must hold a hearing within 45 days, notify affected taxing entities, hear public testimony, and consider plan amendments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33445.6. (a) If the governing board of a fire protection district finds that it is suffering a financial burden or detriment as a result of actions taken by the redevelopment agency in implementing the redevelopment plan, the district board may transmit a written copy of those findings, together with supporting information, materials, and documents, to the redevelopment agency. The redevelopment agency shall conduct a public hearing within 45 days after receiving the findings to receive public testimony identifying the effects of the redevelopment plan on the fire protection district and suggesting revisions to the redevelopment plan as adopted or amended by the legislative body that would alleviate or eliminate the financial burden or detriment in the area or areas caused by the implementation of the redevelopment plan. The redevelopment agency shall send written notice of the public hearing to, and at the hearing receive public testimony from, any affected taxing entity. After receiving that testimony at the hearing, the agency shall consider amendments of the plan necessary to alleviate or eliminate the financial burden or detriment in the area or areas caused by the implementation of the redevelopment plan. The agency may recommend those amendments for adoption by the legislative body. (b) Section 33353 does not apply to an amendment of the plan proposed pursuant to subdivision (a) when both of the following occur: (1) The amendment proposes only to add significant additional capital improvement projects to alleviate or eliminate the financial burden or detriment caused by the implementation of the plan. (2) The amendment will delete capital improvement projects or otherwise modify the plan in a way that the agency finds will result in no additional financial impact on any affected taxing entity. (c) Any funds received by a fire protection district from a redevelopment agency to alleviate or eliminate the financial burden or detriment caused by implementation of a redevelopment plan as a result of a public hearing conducted pursuant to subdivision (a) may be used for any lawful purpose of the district. (d) The district board of a fire protection district shall not make the findings permitted by subdivision (a) with respect to any project area more than once. (e) The agency may recover its actual costs of complying with the procedural requirements of this section from the fire protection district. (f) This section applies only to redevelopment plans adopted prior to January 1, 1977. (Added by Stats. 1987, Ch. 622, Sec. 1.)
  12. 33446.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    A school district board may make an agreement with an agency for buildings on a project site, and the district may lease the buildings and site.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33446. The governing board of any school district may enter into an agreement with an agency under which the agency shall construct, or cause to be constructed, a building or buildings to be used by the district upon a designated site within a project area and, pursuant to the agreement, the district may lease the buildings and site. The agreement shall provide that the title to the building or buildings and site shall vest in the district at the expiration of the lease, and may provide the means or method by which the title to the building or buildings and the site shall vest in the district prior to the expiration of the lease, and shall contain other terms and conditions that the governing board of the district deems to be in the best interest of the district. The agreements and leases may be entered into by the governing board of any school district without regard to bidding, election, or any other requirement of Article 2 (commencing with Section 17400) of Chapter 4 of Part 10.5 of the Education Code. (Amended by Stats. 2006, Ch. 538, Sec. 392. Effective January 1, 2007.)
  13. 33447.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    The City of Paramount’s redevelopment agency may use allocated project-area taxes to finance certain public improvements, but only under the section’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 11. Property Disposition, Rehabilitation and Development [33430 - 33449] ( Article 11 added by Stats. 1963, Ch. 1812. ) ## 33447. In addition to any other authority contained in this division and subject to the requirements of this section, taxes levied in a project area and allocated to the agency as provided in subdivision (b) of Section 33670 may be used as provided thereby anywhere within the territorial jurisdiction of the agency to finance the construction or acquisition of public improvements meeting the following criteria, as determined by resolution of the agency: (a) The public improvements will enhance the environment of a residential neighborhood containing housing for persons and families of low or moderate income, as defined in Section 50093, including very low income households, as defined in Section 50105. (b) The public improvements will be of benefit to the project area. That determination shall be final and conclusive as to the issue of benefit to the project area. (c) Public improvements eligible for financing under this section shall be limited to the following: (1) Street improvements. (2) Water, sewer, and storm drainage facilities. (3) Neighborhood parks and related recreational facilities. This section shall be applicable to redevelopment projects within the City of Paramount for which the redevelopment plan authorizes tax-increment financing pursuant to Section 33670, whether the redevelopment plan is adopted prior or subsequent to January 1, 1978. Financing of public improvements pursuant to this section shall be authorized by the redevelopment plan or by resolution of the agency. Any ordinance or resolution implementing this section shall specify the public improvements to be financed thereunder. As a condition to financing public improvements as provided in this section on or after January 1, 1983, the redevelopment agency of the City of Paramount shall establish a Low and Moderate Income Housing Fund, and, with respect to any project made subject to this section, shall deposit in that fund not less than 20 percent of that portion of revenues allocated and paid to the agency pursuant to subdivision (b) of Section 33670 on and after January 1, 1983, which is not required to pay the principal of, or interest on, bonds or other indebtedness of the agency issued or incurred prior to that date. Moneys deposited in the Low and Moderate Income Housing Fund pursuant to this section shall be used pursuant to Article 4 (commencing with Section 33330). The Legislature finds and declares that effective redevelopment within the City of Paramount requires the existence of adequate public services and facilities for persons residing in the surrounding community, including persons employed by industry which is located in a redevelopment project, and that public improvements of the types specified in this section are particularly needed in the low- and moderate-income neighborhoods of the City of Paramount in order to encourage stability and prevent decline which could have serious negative impact on redevelopment, as well as necessitate additional redevelopment. Because of the unusually compelling need in the City of Paramount and because of the impracticability of financing all required improvements by other means, it is the intent of the Legislature in enacting this section to augment the powers of the redevelopment agency of the City of Paramount to permit the use of tax-increment revenues in the manner and for the purposes prescribed by this section. (Amended by Stats. 1990, Ch. 909, Sec. 1.)
  14. 33448.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. )

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    In certain large counties or cities, an agency may fund and carry out a public transportation-and-parking improvement with legislative approval, and it must make an agreement with the rapid transit district.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33448. In a county with a population of 4,000,000 persons or more, or in a city of 500,000 persons or more, an agency may, with the consent of the legislative body, acquire, construct, and finance by the issuance of bonds or otherwise a public improvement whether within or without a project area consisting of a transportation collection and distribution system and peripheral parking structures and facilities, including sites therefor, to serve the project area and surrounding areas, upon a determination by resolution of the agency and the legislative body that such public improvement is of benefit to the project area. Such determination by the agency and the legislative body shall be final and conclusive as to the issue of benefit to the project area. The agency shall, in order to exercise the powers granted by this section, enter into an agreement with the rapid transit district which includes the county or city, or a portion thereof, in which agreement the rapid transit district shall be given all of the following responsibilities: (a) To participate with the other parties to the agreement to design, determine the location and extent of the necessary rights-of-way for, and construct the transportation, collection, and distribution systems and related peripheral parking structures and facilities. (b) To operate and maintain such transportation, collection, and distribution systems and related peripheral parking structures and facilities in accordance with the rapid transit district’s outstanding agreements and the agreement required by this paragraph. (Amended by Stats. 1974, Ch. 1371.)
  15. 33449.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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 acquire, donate, improve, or build housing-related property and provide subsidies for low- and moderate-income persons and very low-income households.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed 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. ) ## 33449. Notwithstanding Section 33440, or any other provision of law, an agency may, inside or outside any project area, acquire land, donate land, improve sites, or construct or rehabilitate structures in order to provide housing for persons and families of low or moderate income, as defined in Section 50093, and very low income households, as defined in Section 50105, and may provide subsidies to, or for the benefit of, such persons and families or households to assist them in obtaining housing within the community. Except as otherwise authorized by law, nothing in this section shall empower an agency to operate a rental housing development beyond such period as is reasonably necessary to sell or lease the housing development. This section shall apply to all redevelopment project areas for which a redevelopment plan has been adopted, whether the redevelopment plan is adopted before or after January 1, 1976. (Amended by Stats. 2010, Ch. 610, Sec. 5. (AB 2762) Effective January 1, 2011.)
  16. 33450.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    A legislative body may amend a redevelopment plan by ordinance if the agency recommends 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33450. If at any time after the adoption of a redevelopment plan for a project area by the legislative body, it becomes necessary or desirable to amend or modify such plan, the legislative body may by ordinance amend such plan upon the recommendation of the agency. The agency recommendation to amend or modify a redevelopment plan may include a change in the boundaries of the project area to add land to or exclude land from the project area. Except as otherwise provided in Section 33378, the ordinance shall be subject to referendum as prescribed by law for the ordinances of the legislative body. (Amended by Stats. 1977, Ch. 797.)
  17. 33451.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    Before recommending an amendment to the plan, the agency must hold a public hearing on the proposed amendment.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33451. Before recommending amendment of the plan the agency shall hold a public hearing on the proposed amendment. (Added by Stats. 1963, Ch. 1812.)
  18. 33451.5.

    ## 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    For certain proposed redevelopment plan amendments, the agency must notify state departments and prepare a detailed report before the public 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33451.5. (a) This section shall apply only to proposed plan amendments that would do any of the following: (1) Change the limitation on the number of dollars of taxes which may be divided and allocated to the redevelopment agency. (2) Change the limit on the amount of bonded indebtedness that can be outstanding at one time. (3) Change 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. (4) Change the time limit on the effectiveness of the redevelopment plan. (5) Change the boundaries of the project area. (6) Merge existing project areas. (b) No later than 45 days prior to the public hearing on a proposed plan amendment by an agency or the joint public hearing of the agency and the legislative body, the agency shall notify the Department of Finance and the Department of Housing and Community Development by first-class 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 (c). (c) No later than 45 days prior to the public hearing on a proposed plan amendment by the agency or the joint public hearing by the agency and the legislative body, the agency shall prepare a 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, 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 any remaining blight. (4) A description of how these projects or programs will improve the conditions of blight. (5) The reasons why the projects or programs cannot be completed without the plan amendment. (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 as a result of the proposed plan amendment, including amounts projected to be deposited into the Low and Moderate Income Housing Fund and amounts to be paid to the affecting 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. (d) Upon receiving the report, the Department of Finance shall prepare an estimate of how the proposed plan amendment will affect the General Fund. The Department of Finance shall determine whether the amendment will affect the need for school facilities. (e) 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 amendment 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 amendment. If these comments are not available within the prescribed time limit, the agency and the legislative body may proceed without them. (f) The Department of Finance or the Department of Housing and Community Development may also send their comments regarding the proposed plan amendment to the Attorney General for further action pursuant to Chapter 5 (commencing with Section 33501). (Added by Stats. 2006, Ch. 595, Sec. 12. Effective January 1, 2007.)
  19. 33452.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    The agency must publish and mail notice of a redevelopment plan amendment hearing to specified people and agencies, with required content and timing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33452. (a) Notice of the hearing shall be published pursuant to Section 6063 of the Government Code prior to the date of hearing 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 legal description of the boundaries of the project area by reference to the description recorded with the county recorder pursuant to Section 33373 and of the boundaries of the land proposed to be added to the project area, if any, and a general statement of the purpose of the amendment. (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 not owned by the agency within the boundaries referred to in subdivision (a), 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 these boundaries as the ownership is shown on the records of the county recorder 30 days prior to the date the notice is published, and to persons, firms, or corporations which have acquired property within these boundaries from the agency, at his or her last known address as shown by the records of the agency. (c) (1) Copies of the notice published pursuant to this section shall be mailed, by first-class mail, to all residents and businesses within the project area designated in the redevelopment plan as proposed to be amended 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 obtained by the agency at a reasonable cost. The notice may be addresses to “occupant.” If the agency 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 an 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 redevelopment plan as proposed to be amended. Notices sent pursuant to this subdivision shall be mailed by certified mail with return receipt requested. (Amended by Stats. 1994, Ch. 936, Sec. 16. Effective September 28, 1994.)
  20. 33453.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    If an agency recommends substantial plan changes after public hearings, it must submit the changes to the planning commission, and the commission must report and recommend to the legislative body 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33453. If after the public hearings the agency recommends substantial changes in the plan which affect the general plan adopted by the planning commission or the legislative body, such changes shall be submitted to the planning commission for its report and recommendation to the legislative body within 30 days after such submission. If the planning commission does not report upon the changes within 30 days after its submission by the agency, the planning commission shall be deemed to have waived its report and recommendations concerning such changes. (Amended by Stats. 1973, Ch. 588.)
  21. 33454.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    The legislative body must hold a public hearing on a proposed redevelopment plan amendment after the agency’s recommendation and at least 30 days after the changes are submitted to the planning commission.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33454. After receiving the recommendation of the agency concerning such changes in the plan, 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, notice of which hearing shall be published in a newspaper in the manner and at the times designated above for notice of hearing by the agency. (Added by Stats. 1963, Ch. 1812.)
  22. 33455.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may make certain plan changes, but substantial changes must go to the planning commission for a report within 30 days, and the legislative body must reopen a public hearing before adopting final amendments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33455. After receiving the recommendation of the agency concerning such changes in the plan, the legislative body upon further recommendation by the agency, without additional agency public hearing, may make further changes, including changes in area or boundaries to exclude land from the project area, for consideration at the public hearing. If such changes are substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, such changes shall be submitted to the planning commission for its report and recommendation to the legislative body within 30 days after such submission. If the planning commission does not report upon the changes 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 changes. If after the public hearing the legislative body determines that the amendments in the plan, proposed by the agency, or the further recommended changes by the agency are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plans thus amended. The legislative body shall consider any proposed changes at a public hearing reopened for that limited purpose. (Amended by Stats. 1967, Ch. 1242.)
  23. 33456.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

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    After a redevelopment plan amendment, a statement must be recorded with the county recorder within 60 days. An agency may not start eminent domain proceedings for property in added territory until that recording happens.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33456. (a) Not later than 60 days after the adoption of an amendment to a redevelopment plan pursuant to this article there shall be recorded with the county recorder of the county in which the project area is located a statement that the redevelopment plan has been amended. If the amendment adds territory to the redevelopment project area, the statement shall contain a description of the added territory, a prominent heading in boldface type noting that the property that is the subject of the statement is located within a redevelopment project, a general description of the provisions of the amended redevelopment plan, if any, that authorize the use of the power of eminent domain by the agency within the added territory, and a general description of any limitations on the use of the power of eminent domain within the added territory, including, without limitation, the time limit required by Section 33333.2. If the amendment changes any limitation on the use of eminent domain contained in the redevelopment plan, the statement shall contain a description of the land within the project area and a general description of the change. (b) An agency shall not commence an action in eminent domain to acquire property located within territory added to a project area by an amendment to a redevelopment plan until the statement required by this section is recorded with the county recorder of the county in which the project area is located. (c) Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code. (Repealed and added by Stats. 2006, Ch. 603, Sec. 3. Effective January 1, 2007.)
  24. 33457.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    After certain redevelopment plan amendments, the community clerk must send specified amendment documents to listed parties 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33457. After the amendment of a redevelopment plan to add the provision permitted by Section 33670, or to increase or reduce the size of the project area, the clerk of the community shall transmit a copy of the ordinance amending the plan, a description of the annexed or detached land within the project area and a map or plat indicating the amendments to the redevelopment plan, to the following parties: (1) The auditor and assessor of the county in which the project is located; (2) The officer or officers performing the functions of the auditor or assessor for any taxing agencies which, in levying or collecting taxes, do not use the county assessment roll or do not collect taxes through the county; (3) The governing body of each of the taxing agencies which levies taxes upon any property in the project area; and (4) The State Board of Equalization. Such documents shall be transmitted within 30 days following the adoption of the amended redevelopment plan. The legal effect of such transmittal shall be as set forth in Section 33674. (Amended by Stats. 1978, Ch. 1112.)
  25. 33457.1.

    ## 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    When warranted by a proposed redevelopment plan amendment, the adopting ordinance must include the findings required by Section 33367, and the reports and information required by Section 33352 must be prepared and made available to the public 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 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33457.1. To the extent warranted by a proposed amendment to a redevelopment plan, (1) the ordinance adopting an amendment to a redevelopment plan shall contain the findings required by Section 33367 and (2) the reports and information required by Section 33352 shall be prepared and made available to the public prior to the hearing on such amendment. (Added by Stats. 1977, Ch. 797.)
  26. 33458.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency and legislative body may hold a joint public hearing on a proposed amendment if both consent, and the hearing must follow specified notice and procedure rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12. Amendment of Redevelopment Plans [33450 - 33458] ( Article 12 added by Stats. 1963, Ch. 1812. ) ## 33458. As an alternative to the separate public hearing required by Sections 33451 and 33454, the agency and the legislative body, with the consent of both, may hold a joint public hearing on the proposed amendment. The presiding officer of the legislative body shall preside over such joint public hearing. Prior to such joint public hearing, the agency shall submit the proposed changes to the planning commission as provided in Section 33453. Notice of the joint public hearing shall conform to all requirements of Section 33452. The joint public hearing shall thereafter proceed by the same requirements as are provided in Sections 33450 and 33454 to 33455, inclusive. When a joint public hearing is held where the legislative body is also the agency, the legislative body may adopt the amended plan with no actions necessary by the agency, even as to the recommendations required of the agency by Sections 33454 and 33455. (Added by Stats. 1967, Ch. 1242.)
  27. 33459.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the hazardous substance release cleanup 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459. For purposes of this article, the following terms shall have the following meanings: (a) “Department” means the Department of Toxic Substances Control. (b) “Director” means the Director of Toxic Substances Control. (c) “Hazardous substance” means any hazardous substance as defined in subdivision (h) of Section 25281, and any reference to hazardous substance in the definitions referenced in this section shall be deemed to refer to hazardous substance, as defined in this subdivision. (d) “Local agency” means a single local agency that is one of the following: (1) A local agency authorized pursuant to Section 25283 to implement Chapter 6.7 (commencing with Section 25280) of, and Chapter 6.75 (commencing with Section 25299.10) of, Division 20. (2) A local officer who is authorized pursuant to Section 101087 to supervise a remedial action. (3) An infrastructure and revitalization financing district created pursuant to Chapter 2.6 (commencing with Section 53369) or Chapter 2.10 (commencing with Section 53399) of Part 1 of Division 2 of Title 5 of the Government Code. (e) “Qualified independent contractor” means an independent contractor who is any of the following: (1) An engineering geologist who is certified pursuant to Section 7842 of the Business and Professions Code. (2) A geologist who is registered pursuant to Section 7850 of the Business and Professions Code. (3) A civil engineer who is registered pursuant to Section 6762 of the Business and Professions Code. (f) “Release” means any release, as defined in subdivision (a) of Section 78105. (g) “Remedy” or “remove” means any action to assess, evaluate, investigate, monitor, remove, correct, clean up, or abate a release of a hazardous substance or to develop plans for those actions. “Remedy” includes any action set forth in Section 78125 and “remove” includes any action set forth in Section 78135. (h) “Responsible party” means any person described in subdivision (a) of Section 78145 of this code or subdivision (a) of Section 13304 of the Water Code. (Amended by Stats. 2022, Ch. 258, Sec. 103. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  28. 33459.01.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    This section names the article as the “Polanco Redevelopment Act” and says it may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459.01. This article shall be known, and may be cited as, the “Polanco Redevelopment Act.” (Added by Stats. 1998, Ch. 438, Sec. 1.5. Effective January 1, 1999.)
  29. 33459.1.

    ## 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    An agency may clean up hazardous substance releases in a project area, but usually must first get cleanup guidance and plan approval, give notice, and meet listed conditions; extra approvals and oversight rules apply in some cases.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459.1. (a) (1) An agency may take any actions that the agency determines are necessary and that are consistent with other state and federal laws to remedy or remove a release of hazardous substances on, under, or from property within a project area, whether the agency owns that property or not, subject to the conditions specified in subdivision (b). Unless an administering agency has been designated under Section 25262, the agency shall request cleanup guidelines from the department or the California regional water quality control board before taking action to remedy or remove a release. The department or the California regional water quality control board shall respond to the agency’s request to provide cleanup guidelines within a reasonable period of time. The agency shall thereafter submit for approval a cleanup or remedial action plan to the department or the California regional water quality control board before taking action to remedy or remove a release. The department or the California regional water quality control board shall respond to the agency’s request for approval of a cleanup or remedial action plan within a reasonable period of time. (2) The agency shall provide the department and local health and building departments, the California regional water quality control board, with notification of any cleanup activity pursuant to this section at least 30 days before the commencement of the activity. If an action taken by an agency or a responsible party to remedy or remove a release of a hazardous substance does not meet, or is not consistent with, a remedial action plan or cleanup plan approved by the department or the California regional water quality control board, the department or the California regional water quality control board that approved the cleanup or remedial action plan may require the agency to take, or cause the taking of, additional action to remedy or remove the release, as provided by applicable law. If an administering agency for the site has been designated under Section 25262, any requirement for additional action may be imposed only as provided in Sections 25263 and 25265. If methane or landfill gas is present, the agency shall obtain written approval from the California Integrated Waste Management Board prior to taking that action. (b) Except as provided in subdivision (c), an agency may take the actions specified in subdivision (a) only under one of the following conditions: (1) There is no responsible party for the release identified by the agency. (2) A party determined by the agency to be a responsible party for the release has been notified by the agency or has received adequate notice from the department, a California regional water quality control board, the Environmental Protection Agency, or other governmental agency with relevant authority and has been given 60 days to respond and to propose a remedial action plan and schedule, and the responsible party has not agreed within an additional 60 days to implement a plan and schedule to remedy or remove the release that is acceptable to the agency and that has been found by the agency to be consistent, to the maximum extent possible, with the priorities, guidelines, criteria, and regulations contained in the National Contingency Plan and published pursuant to Section 9605 of Title 42 of the United States Code for similar releases, situations, or events. (3) The party determined by the agency to be the responsible party for the hazardous substance release entered into an agreement with the agency to prepare a remedial action plan for approval by the department, the California regional water quality control board, or the appropriate local agency and to implement the remedial action plan in accordance with an agreed schedule, but failed to prepare the remedial action plan, failed to implement the remedial action plan in accordance with the agreed schedule, or otherwise failed to carry out the remedial action in an appropriate and timely manner. Any action taken by the agency pursuant to this paragraph shall be consistent with any agreement between the agency and the responsible party and with the requirements of the state or local agency that approved or will approve the remedial action plan and is overseeing or will oversee the preparation and implementation of the remedial action plan. (c) Subdivision (b) does not apply to either of the following agencies: (1) An agency taking actions to investigate or conduct feasibility studies concerning a release. (2) An agency taking the actions specified in subdivision (a) if the agency determines that conditions require immediate action. (d) An agency may designate a local agency in lieu of the department or the California regional water quality control board to review and approve a cleanup or remedial action plan and to oversee the remediation or removal of hazardous substances from a specific hazardous substance release site in accordance with the following conditions: (1) The local agency may be so designated if it is designated as the administering agency under Section 25262. In that event, the local agency, as the administering agency, shall conduct the oversight of the remedial action in accordance with Chapter 6.65 (commencing with Section 25260) and all provisions of that chapter shall apply to the remedial action. (2) The local agency may be so designated if cleanup guidelines were requested from a California regional water quality control board, and the site is an underground storage tank site subject to Chapter 6.7 (commencing with Section 25280) of Division 20, the local agency has been certified as a certified unified program agency pursuant to Section 25404.1, the State Water Resources Control Board has entered into an agreement with the local agency for oversight of those sites pursuant to Section 25297.1, the local agency determines that the site is within the guidelines and protocols established in, and pursuant to, that agreement, and the local agency consents to the designation. (3) A local agency may not consent to the designation by an agency unless the local agency determines that it has adequate staff resources and the requisite technical expertise and capabilities available to adequately supervise the remedial action. (4) (A) Where a local agency has been designated pursuant to paragraph (2), the department or a California regional water quality control board may require that a local agency withdraw from the designation, after providing the agency with adequate notice, if both of the following conditions are met: (i) The department or a California regional water quality control board determines that an agency’s designation of a local agency was not consistent with paragraph (2), or makes one of the findings specified in subdivision (d) of Section 101480. (ii) The department or a California regional water quality control board determines that it has adequate staff resources and capabilities available to adequately supervise the remedial action, and assumes that responsibility. (B) Nothing in this paragraph prevents a California regional water quality control board from taking any action pursuant to Division 7 (commencing with Section 13000) of the Water Code. (5) Where a local agency has been designated pursuant to paragraph (2), the local agency may, after providing the agency with adequate notice, withdraw from its designation after making one of the findings specified in subdivision (d) of Section 101480. (e) To facilitate redevelopment planning, the agency may require the owner or operator of any site within a project area to provide the agency with all existing environmental information pertaining to the site, including the results of any Phase I or subsequent environmental assessment, as defined in Section 25200.14, any assessment conducted pursuant to an order from, or agreement with, any federal, state or local agency, and any other environmental assessment information, except that which is determined to be privileged. The person requested to furnish the information shall be required only to furnish that information as may be within their possession or control, including actual knowledge of information within the possession or control of any other party. If environmental assessment information is not available, the agency may require the owner of the property to conduct an assessment in accordance with standard real estate practices for conducting phase I or phase II environmental assessments. (Amended by Stats. 2002, Ch. 1004, Sec. 1. Effective January 1, 2003.)
  30. 33459.3.

    ## 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    An agency cleaning up a hazardous substance release may get liability immunity if it follows an approved cleanup plan and completes the work properly; the responsible authority must give written notice and the agency must reimburse review and approval 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459.3. (a) Notwithstanding any other provision of law, except as provided in Section 33459.7, an agency that undertakes and completes an action, or causes another person to undertake and complete an action pursuant to Section 33459.1, as specified in subdivision (c), to remedy or remove a hazardous substance release on, under, or from property within a redevelopment project, in accordance with a cleanup or remedial action plan prepared by a qualified independent contractor and approved by the department or a California regional water quality control board or the local agency, as appropriate, pursuant to subdivision (b), is not liable, with respect to that release only, under Division 7 (commencing with Section 13000) of the Water Code or Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), or Chapter 6.75 (commencing with Section 25299.10), of Division 20 of, or Part 2 (commencing with Section 78000) of Division 45 of, this code, or any other state or local law providing liability for remedial or removal actions for releases of hazardous substances. If the remedial action was also performed pursuant to Chapter 6.65 (commencing with Section 25260) of Division 20, and a certificate of completion is issued pursuant to subdivision (b) of Section 25264, the immunity from agency action provided by the certificate of completion, as specified in subdivision (c) of Section 25264, shall apply to the agency, in addition to the immunity conferred by this section. In the case of a remedial action performed pursuant to Chapter 6.65 (commencing with Section 25260) of Division 20, and for which the administering agency is a local agency, the limitations on the certificate of completion set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25264 are limits on any immunity provided for by this section and subdivision (c) of Section 25264. (b) Upon approval of any cleanup or remedial action plan, pursuant to applicable statutes and regulations, the director or the California regional water quality control board or the local agency, as appropriate, shall acknowledge, in writing, within 60 days of the date of approval, that upon proper completion of the remedial or removal action in accordance with the plan, the immunity provided by this section shall apply to the agency. (c) Notwithstanding any provision of law or policy providing for certification by a person conducting a remedial or removal action that the action has been properly completed, a determination that a remedial or removal action has been properly completed pursuant to this section shall be made only upon the affirmative approval of the director or the California regional water quality control board or the local agency, as appropriate. The department, California regional water quality control board, or local agency, as appropriate, shall, within 60 days of the date it finds that a remedial action has been completed, notify the agency in writing that the immunity provided by this section is in effect. (d) The approval of a cleanup or remedial action plan under this section by a local agency shall also be subject to the concurrent approval of the department or a California regional water quality control board when the agency receiving the approval was formed by the same entity of which the local agency is a part. (e) Upon proper completion of a remedial or removal action, as specified in subdivision (c), the immunity from agency action provided by the certificate of completion provided pursuant to subdivision (c) of Section 25264 and the immunity provided by this section extends to all of the following, but only for the release or releases specifically identified in the approved cleanup or remedial action plan and not for any subsequent release or any release not specifically identified in the approved cleanup or remedial action plan: (1) Any employee or agent of the agency, including an instrumentality of the agency authorized to exercise some, or all, of the powers of an agency within, or for the benefit of, a redevelopment project and any employee or agent of the instrumentality. (2) Any person who enters into an agreement with an agency for the redevelopment of property, if the agreement requires the person to acquire property affected by a hazardous substance release or to remove or remedy a hazardous substance release with respect to that property. (3) Any person who acquires the property after a person has entered into an agreement with an agency for redevelopment of the property as described in paragraph (2). (4) Any person who provided financing to a person specified in paragraph (2) or (3). (f) Notwithstanding any other provision of law, the immunity provided by this section does not extend to any of the following: (1) Any person who was a responsible party for the release before entering into an agreement, acquiring property, or providing financing, as specified in subdivision (e). (2) Any person specified in subdivision (a) or (e) for any subsequent release of a hazardous substance or any release of a hazardous substance not specifically identified in the approved cleanup or remedial action plan. (3) Any contractor who prepares the cleanup or remedial action plan, or conducts the removal or remedial action. (4) Any person who obtains an approval, as specified in subdivision (b), or a determination, as specified in subdivision (c), by fraud, negligent or intentional nondisclosure, or misrepresentation, and any person who knows before the approval or determination is obtained or before the person enters into an agreement, acquires the property or provides financing, as specified in subdivision (e), that the approval or determination was obtained by these means. (g) The immunity provided by this section is in addition to any other immunity of an agency provided by law. (h) This section does not impair any cause of action by an agency or any other party against the person, firm, or entity responsible for the hazardous substance release which is the subject of the removal or remedial action taken by the agency or other person immune from liability pursuant to this section. (i) This section does not apply to, or limit, alter, or restrict, any action for personal injury, property damage, or wrongful death. (j) This section does not limit liability of a person described in paragraph (3) or (4) of subdivision (e) for damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.). (k) This section does not establish, limit, or affect the liability of an agency for any release of a hazardous substance that is not investigated or remediated pursuant to this section or Chapter 6.65 (commencing with Section 25260) of Division 20. (l) The immunity provided for by this section is only conferred if both of the following apply: (1) The action is in accordance with a cleanup or remedial action plan prepared by a qualified independent contractor and approved by the department or a California regional water quality control board or the local agency, as appropriate, pursuant to subdivision (b). (2) The remedial or removal action is undertaken and properly completed, as specified in subdivision (c). (m) The agency shall reimburse the department, the California regional water quality control board, and the local agency for costs incurred in reviewing or approving cleanup or remedial action plans pursuant to this section. (Amended by Stats. 2022, Ch. 258, Sec. 104. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  31. 33459.4.

    ## 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    A redevelopment agency can recover cleanup costs from responsible parties, but it cannot recover improperly procured goods and services 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459.4. (a) Except as provided in Section 33459.7, if a redevelopment agency undertakes action to remedy or remove, or to require others to remedy or remove, including compelling a responsible party through a civil action, to remedy or remove a release of hazardous substance, any responsible party or parties shall be liable to the redevelopment agency for the costs incurred in the action. An agency may not recover the costs of goods and services that were not procured in accordance with applicable procurement procedures. The amount of the costs shall include the interest on the costs accrued from the date of expenditure and reasonable attorney’s fees and shall be recoverable in a civil action. Interest shall be calculated based on the average annual rate of return on an agency’s investment of surplus funds for the fiscal year in which costs were incurred. (b) The only defenses available to a responsible party shall be the defenses specified in subdivision (b) of Section 78145. (c) An agency may recover any costs incurred to develop and to implement a cleanup or remedial action plan approved pursuant to Sections 33459.1 and 33459.3, to the same extent the department is authorized to recover those costs. The scope and standard of liability for cost recovery pursuant to this section shall be the scope and standard of liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) as that act would apply to the department; provided, however, that any reference to hazardous substance therein shall be deemed to refer to hazardous substance as defined in subdivision (c) of Section 33459. (d) An action for recovery of costs of a remedy or removal undertaken by a redevelopment agency under this section shall be commenced within three years after completion of the remedy or removal. (e) The action to recover costs provided by this section is in addition to, and is not to be construed as restricting, any other cause of action available to a redevelopment agency. (f) Except as provided in subdivision (m) of Section 33459.3, notwithstanding any other provision of state law or policy, an agency that undertakes and completes a remedial action, or otherwise causes a remedial action to be undertaken and completed pursuant to Sections 33459.1 and 33459.3, shall not be liable based on its ownership of property after a release occurred, for any costs that any responsible party for that release incurs to investigate or remediate the release or to compensate others for the effects of that release. (Amended by Stats. 2022, Ch. 258, Sec. 105. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  32. 33459.5.

    ## 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    Except as provided in Section 33459.3, this article does not limit the State Water Resources Control Board or a California regional water quality control board from enforcing Division 7 of the Water Code.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459.5. Except as provided in Section 33459.3, nothing in this article shall limit the powers of the State Water Resources Control Board or a California regional water quality control board to enforce Division 7 (commencing with Section 13000) of the Water Code. (Added by Stats. 1990, Ch. 1113, Sec. 2.)
  33. 33459.8.

    ## 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 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. )

    Verify source ↗

    If an agency cleans up a hazardous substance release in a project area, it must amend its redevelopment plan and use the same procedure; the legislative body is also subject to the same plan-adoption restrictions, if certain related changes will be made.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 12.5. Hazardous Substance Release Cleanup [33459 - 33459.8] ( Article 12.5 added by Stats. 1990, Ch. 1113, Sec. 2. ) ## 33459.8. If an agency undertakes any action to remedy or remove a release of hazardous substances on, under, or from property within a project area, the agency shall amend its redevelopment plan and follow the same procedure, as specified, 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 redevelopment plan, if the agency determines that as a result of the remedial or removal action, it will also be taking any of the following actions: (a) Proposing to add new territory to the project area. (b) Increasing either the limitation on the amount of funds to be allocated to the agency or the time limit on the establishing of loans, advances, and indebtedness established pursuant to subdivisions (1) and (2) of Section 33333.2. (c) Lengthening the period during which the redevelopment plan is effective. (d) Merging project areas. (e) Adding significant additional capital improvement projects. (Added by Stats. 1990, Ch. 1113, Sec. 2.)
  34. 33470.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    Redevelopment project areas in San Bernardino may be merged for tax-allocation purposes, even if they are not contiguous, and the redevelopment agency must use reasonable efforts and available subsidies to implement related provisions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33470. For the purpose of allocating taxes pursuant to Section 33670 and subject to the provisions of this article, redevelopment project areas under the jurisdiction of the redevelopment agency of the City of San Bernardino, for which redevelopment plans have been adopted pursuant to Article 5 (commencing with Section 33360) of this chapter, may be merged, irrespective of contiguity, by the amendment of each affected redevelopment plan as provided in Article 12 (commencing with Section 33450) of this chapter. Upon merger, the provisions of subdivisions (a) and (c) of Section 33413 shall apply to the project areas merged pursuant to this article and the redevelopment agency shall use all reasonable efforts and all available subsidies to implement the provisions of subdivision (b) of Section 33413. Each constituent project area so merged, including, without limitation, those previously merged pursuant to this section, shall continue under its own redevelopment plan, but, except as otherwise provided in this article, taxes attributable to each project area merged pursuant to this section which are allocated to the redevelopment agency pursuant to Section 33670 shall be allocated, as provided in subdivision (b) of such section, to the entire merged project area for the purpose of paying the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the redevelopment agency to finance or refinance, in whole or in part, such merged redevelopment project. (Amended by Stats. 1979, Ch. 414.)
  35. 33471.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    If the redevelopment agency has already incurred indebtedness for a merged project area, the related allocated taxes must be used first to satisfy any bond resolution or other agreement that pledges those taxes until a qualifying refunding occurs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33471. If the redevelopment agency has, prior to merger of redevelopment project areas pursuant to Section 33470, incurred any indebtedness on account of a constituent project area so merged, taxes attributable to such area which are allocated to the agency pursuant to subdivision (b) of Section 33670 shall be first used to comply with the terms of any bond resolution or other agreement pledging such taxes from such constituent project area until a refunding has occurred which satisfies the terms of such resolution or agreement. (Amended by Stats. 1979, Ch. 414.)
  36. 33471.5.

    ## 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 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    After refunding under Section 33471, the redevelopment agency must use at least 20% of certain allocated taxes for the purposes in Section 33334.2, after first paying refunding bond costs and reserves when necessary.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33471.5. After the refunding has occurred as provided in Section 33471, not less than 20 percent of all taxes which are allocated to the redevelopment agency pursuant to subdivision (b) of Section 33670 for redevelopment projects merged pursuant to this article shall be used by the agency for the purposes set forth in Section 33334.2, provided that such taxes shall first be used for the payment of principal, interest, and premium, if any, under the bond resolution or resolutions providing for the issuance of the refunding bonds and providing necessary reserves for such refunding bonds, but only to the extent that such refunding is necessary to refinance existing bonded obligations. (Amended by Stats. 1983, Ch. 1227, Sec. 1. Effective September 30, 1983.)
  37. 33472.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    For a merged redevelopment project area, the plan must be amended like other redevelopment plans, and hearing notice is mailed to the last known assessee of affected parcels, with a special notice requirement for each project area committee.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33472. The redevelopment plan for a project area which is merged pursuant to Section 33470 shall be amended in the same manner as other redevelopment plans are amended. Notice of the public hearing shall be mailed to the last known assessee of each parcel of land not owned by the agency within the boundaries of the project area described in the redevelopment plan being amended. Notice of the public hearing need not be mailed to assessees of parcels of land within the boundaries of other project areas combined into a merged project area pursuant to Section 33470, except that notice of the public hearing shall be given to the project area committee for each project area which is part of the merged project area. (Added by Stats. 1977, Ch. 557.)
  38. 33473.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    The legislative body may extend redevelopment plan termination dates in a merger proceeding.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33473. In the proceedings for the merger of a redevelopment project, pursuant to this article, the legislative body may provide for the extension of any termination date in the redevelopment plan for any particular project area to such date as will enable a refunding to be accomplished by the issuance of bonds for the merged project area which will extend debt service for the purpose of attempting to prevent default. The termination date may also be extended for the purpose of financing projects under Section 33334.2 or 33471.5 or for any other purposes permitted by law. (Repealed and added by Stats. 1979, Ch. 414.)
  39. 33475.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    This article applies only to certain redevelopment projects of the City of San Bernardino redevelopment agency, unless another rule says 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 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33475. This article is, unless otherwise provided, applicable only to redevelopment projects of the redevelopment agency of the City of San Bernardino for which a final redevelopment plan was adopted by ordinance on or before January 1, 1978. The Legislature finds and declares that conditions unique to the financing of redevelopment in the City of San Bernardino require the granting of authority to merge project areas in the manner provided in this article. (Added by Stats. 1979, Ch. 414.)
  40. 33476.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    Certain redevelopment project areas in the City of San Bernardino are merged into one contiguous project area called Central City, with an exception for Section 33471.5.

    ## 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 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33476. Notwithstanding any other provision of this article, except Section 33471.5, for the purpose of allocating taxes pursuant to Section 33670 that are subject to this article, redevelopment project areas under the jurisdiction of the redevelopment agency of the City of San Bernardino designated Meadowbrook/Central City, Central City East, and Central City South, are hereby merged into one contiguous project areas designated Central City. Each constituent project area so merged shall continue under its own redevelopment plan for the longest term of the three plans, but, except as otherwise provided in this article, taxes attributable to each project area merged pursuant to this section that are allocated to the redevelopment agency pursuant to Section 33670 shall be allocated, as provided in subdivision (b) of that section, to the entire merged project area for the purpose of paying the principal of and interest on loans, moneys advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the merged redevelopment project. (Amended by Stats. 2006, Ch. 538, Sec. 393. Effective January 1, 2007.)
  41. 33476.3.

    ## 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 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    If the redevelopment agency had pre-merger debt for a merged project area, the taxes allocated to that area must be used first to satisfy the related bond resolution or agreement until a refunding meets its 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 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33476.3. If the redevelopment agency has, prior to merger of redevelopment project areas pursuant to Section 33476, incurred any indebtedness on account of a constituent project area so merged, taxes attributable to such area which are allocated to the agency pursuant to subdivision (b) of Section 33670 shall be first used to comply with the terms of any bond resolution or other agreement pledging such taxes from such constituent project area until a refunding has occurred which satisfies the terms of such resolution or agreement. (Added by Stats. 1983, Ch. 1227, Sec. 3. Effective September 30, 1983.)
  42. 33476.5.

    ## 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 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. )

    Verify source ↗

    The Legislature states that merging specified redevelopment project areas in San Bernardino is necessary to avoid default on bonds and reduce further state support needs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14. Merger of Redevelopment Project Areas in the City of San Bernardino [33470 - 33476.5] ( Article 14 added by Stats. 1977, Ch. 557. ) ## 33476.5. The Legislature finds and declares that the merger of the project areas specified in Section 33476 in the City of San Bernardino is necessary to prevent a default on the outstanding bonds of the Meadowbrook/Central City Project due to the drastic reduction in property taxes caused by the adoption of Article XIII A to the Constitution. This project area is already substantially redeveloped, making it unlikely that further redevelopment can be used to increase the tax base. The Redevelopment Agency of the City of San Bernardino has already had to call on the state for support of its bonded debt. This is an undesirable burden on the state which can be avoided by merging the two contiguous project areas into the combined Central City Project so that the tax increment from the buildout in Central City East and Central City South Project areas, when added to the tax increment of the Meadowbrook/Central City Project Area, resulting from combining the project areas, can serve the debt of all three projects, or the debt as refunded, thus preventing an undesirable default, or, in lieu thereof, further draws on the funds of the state. (Added by Stats. 1983, Ch. 1227, Sec. 4. Effective September 30, 1983.)
  43. 33478.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. )

    Verify source ↗

    This section allows certain redevelopment project areas in Richmond or Pittsburg to be merged, and requires the legislative body’s clerk to send the amending ordinance to affected taxing agencies after the merger.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. ) ## 33478. (a) For the purpose of allocating taxes pursuant to Section 33670 and subject to the provisions of this article, redevelopment project areas under the jurisdiction of the redevelopment agency of the City of Richmond or the City of Pittsburg for which redevelopment plans have been adopted pursuant to Article 5 (commencing with Section 33360), may be merged, without regard to contiguity of such areas, by the amendment of each affected redevelopment plan as provided in Article 12 (commencing with Section 33450). Except as provided in subdivision (b), taxes attributable to each project area merged pursuant to this section which are allocated to the redevelopment agency pursuant to Section 33670 may be allocated, as provided in subdivision (b), to the entire merged project area for the purpose of paying the principal of, and interest on, indebtedness incurred by the redevelopment agency to finance or refinance, in whole or in part, such merged redevelopment project. (b) If the redevelopment agency has, prior to merger of redevelopment project areas pursuant to subdivision (a), incurred any indebtedness on account of a constituent project area so merged, taxes attributable to that area which are allocated to the agency pursuant to Section 33670 shall be first used to comply with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area. (c) In connection with any amendment which proposes merger of redevelopment project areas pursuant to subdivision (a), the county or any affected taxing entity may call for the creation of a fiscal review committee as provided for in Article 4 (commencing with Section 33330). (d) After merger of redevelopment projects pursuant to subdivision (a), the clerk of the legislative body shall transmit a copy of the ordinance amending the plans for projects to be merged to the governing body of each of the taxing agencies which levies taxes upon any property in the project. (Added by Stats. 1980, Ch. 512.)
  44. 33478.1.

    ## 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 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. )

    Verify source ↗

    The agency must deposit at least 20% of certain redevelopment taxes into a housing fund, use the money for qualifying low- and moderate-income housing, and offer uncommitted funds to the local housing authority after six 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 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. ) ## 33478.1. (a) Subject to the provisions of subdivisions (a) and (b) of Section 33478, not less than 20 percent of all taxes which are allocated to the redevelopment agency pursuant to Section 33670 for redevelopment projects merged pursuant to this article, irrespective of the date of adoption of the final redevelopment plans shall be deposited by the agency in the Low and Moderate Income Housing Fund established pursuant to Section 33334.3, or which shall be established for purposes of this section, except if the agency finds that not less than 4 percent of the housing units within its jurisdiction receive subsidies to make such units affordable to low- or moderate-income households. The agency shall use the moneys in such fund to assist in the construction or rehabilitation of housing units which will be available to, or occupied by, persons and families of low or moderate income, as defined in Section 50093, and very low income households, as defined in Section 50105, for a period of not less than 30 years. For the purposes of this subdivision, “construction and rehabilitation” shall include acquisition of land, improvements to land; the acquisition, rehabilitation, or construction of structures; or the provision of subsidies necessary to provide housing for persons and families of low or moderate income, as defined in Section 50093, and very low income households, as defined in Section 50105. (b) The agency may use the funds set aside by subdivision (a) inside or outside the project area. However, the agency may only use these funds outside the project area upon a resolution of the agency and the legislative body that such use will be of benefit to the project. Such 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 of benefit to a project. The Legislature finds and declares that expenditures or obligations incurred by the agency pursuant to this section shall constitute an indebtedness of the project. (c) If moneys deposited in the Low and Moderate Income Housing Fund pursuant to this section have not been committed for the purposes specified in subdivisions (a) and (b) for a period of six years following deposit in that fund, the agency shall offer such moneys to the housing authority which operates within the jurisdiction of the agency, if activated pursuant to Section 34240, for the purpose of constructing or rehabilitating housing as provided in subdivisions (a) and (b). (d) Notwithstanding subdivision (d) of Section 33413, any agency which merges its redevelopment project areas pursuant to this article shall be subject to the provisions of subdivisions (a) and (c) of Section 33413. (Added by Stats. 1980, Ch. 512.)
  45. 33478.2.

    ## 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 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. )

    Verify source ↗

    Before merging project areas, the redevelopment agency must notify the department of its intention to merge.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. ) ## 33478.2. Prior to merging project areas pursuant to Section 33478, the redevelopment agency shall notify the department of its intention to merge its project areas, which shall occur no later than 30 days prior to adoption of the ordinance which provides for merger. (Added by Stats. 1980, Ch. 512.)
  46. 33478.3.

    ## 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 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. )

    Verify source ↗

    This article applies only to certain redevelopment projects in Richmond and Pittsburg that meet the listed plan-adoption dates.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 14.5. Merger of Redevelopment Project Areas in the Cities of Richmond and Pittsburg [33478 - 33478.3] ( Article 14.5 added by Stats. 1980, Ch. 512. ) ## 33478.3. This article shall be applicable to only those redevelopment projects of the City of Richmond for which a final redevelopment plan was adopted by ordinance on or before July 1, 1975, and amendments thereto adopted on or before June 1, 1980. This article shall be applicable to only those redevelopment projects of the City of Pittsburg for which a final redevelopment plan was adopted by ordinance on or before June 1, 1980, and amendments thereto adopted on or before June 1, 1980. The Legislature finds and declares that conditions unique to the financing of redevelopment in the City of Richmond and the City of Pittsburg require the granting of authority to merge project areas. (Added by Stats. 1980, Ch. 512.)
  47. 33480.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. )

    Verify source ↗

    Certain redevelopment project areas in Chula Vista, San Jose, and Santa Fe Springs may be merged for tax allocation purposes, even if they are not contiguous.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. ) ## 33480. For the purpose of allocating taxes pursuant to Section 33670 and subject to the provisions of this article, redevelopment project areas under the jurisdiction of the redevelopment agency of the Cities of Chula Vista, San Jose, and Santa Fe Springs, for which redevelopment plans have been adopted pursuant to Article 5 (commencing with Section 33360) of this chapter, may be merged, irrespective of contiguity, by the amendment of each affected redevelopment plan as provided in Article 12 (commencing with Section 33450) of this chapter. Each constituent project area so merged shall continue under its own redevelopment plan, but, except as otherwise provided in this article, taxes attributable to each project area merged pursuant to this section which are allocated to the redevelopment agency pursuant to Section 33670 may be allocated, as provided in subdivision (b) of such section, to the entire merged project area for the purpose of paying the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the redevelopment agency to finance or refinance, in whole or in part, such merged redevelopment project. (Added by Stats. 1979, Ch. 243.)
  48. 33481.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. )

    Verify source ↗

    If a redevelopment agency already owes debt for a merged project area, taxes from that area must be used first to satisfy the related bond resolution or agreement.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. ) ## 33481. If the redevelopment agency has, prior to merger of redevelopment project areas pursuant to Section 33480, incurred any indebtedness on account of a constituent project area so merged, taxes attributable to that area which are allocated to the agency pursuant to Section 33670 shall be first used to comply with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area. (Added by Stats. 1979, Ch. 243.)
  49. 33482.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. )

    Verify source ↗

    A redevelopment plan for a merged project area must be amended like other redevelopment plans, and public hearing notice must be mailed to certain property assessees, with an exception for assessees in other combined project 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 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. ) ## 33482. The redevelopment plan for a project area which is merged pursuant to Section 33480 shall be amended in the same manner as other redevelopment plans are amended. Notice of the public hearing shall be mailed to the last known assessee of each parcel of land not owned by the agency within the boundaries of the project area described in the redevelopment plan being amended. Notice of the public hearing need not be mailed to assessees of parcels of land within the boundaries of other project areas combined into a merged project area pursuant to Section 33480, except that notice of the public hearing shall be given to the project area committee for each project area which is part of the merged project area. (Added by Stats. 1979, Ch. 243.)
  50. 33483.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. )

    Verify source ↗

    At least 20% of taxes allocated to the redevelopment agency for merged redevelopment projects must be used for the purposes in Section 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 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. ) ## 33483. Not less than 20 percent of all taxes which are allocated to the redevelopment agency pursuant to Section 33670 for redevelopment projects merged pursuant to this article, irrespective of the date of adoption of the final redevelopment plans, shall be used for the purposes set forth in Section 33334.2. (Added by Stats. 1979, Ch. 243.)
  51. 33484.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. )

    Verify source ↗

    This article applies only to redevelopment projects of the redevelopment agencies of Chula Vista, San Jose, and Santa Fe Springs that had a final redevelopment plan adopted by ordinance on or before January 1, 1979.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 15. Merger of Redevelopment Project Areas in the Cities of Chula Vista, San Jose, and Santa Fe Springs [33480 - 33484] ( Article 15 added by Stats. 1979, Ch. 243. ) ## 33484. This article shall be applicable only to redevelopment projects of the redevelopment agency of the Cities of Chula Vista, San Jose, and Santa Fe Springs for which a final redevelopment plan was adopted by ordinance on or before January 1, 1979. The Legislature finds and declares that conditions unique to the financing of redevelopment in the Cities of Chula Vista, San Jose, and Santa Fe Springs require the granting of authority to merge project areas. (Added by Stats. 1979, Ch. 243.)
  52. 33485.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. )

    Verify source ↗

    The Legislature states that tax allocation rules for redevelopment project areas are meant to ensure project areas end when redevelopment is complete and that added tax revenues benefit affected taxing jurisdictions. It also states that merging project areas is desirable only when it substantially benefits the public and helps revitalize blighted areas and improve housing opportunities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. ) ## 33485. The Legislature finds and declares that the provisions of this part, which require that taxes allocated pursuant to Section 16 of Article XVI of the California Constitution and Section 33670 be applied to the project area in which those taxes are generated, are designed to assure (1) that project areas are terminated when the redevelopment of those areas has been completed and (2) that the increased revenues that result from redevelopment accrue to the benefit of affected taxing jurisdictions at the completion of redevelopment activities in a project area. Mergers of project areas are desirable as a matter of public policy if they result in substantial benefit to the public and if they contribute to the revitalization of blighted areas through the increased economic vitality of those areas and through increased and improved housing opportunities in or near such areas. The Legislature further finds and declares that it is necessary to enact a statute that sets out uniform statewide standards for merger of project areas to assure that those mergers serve a vital public purpose. (Amended by Stats. 2006, Ch. 595, Sec. 13. Effective January 1, 2007.)
  53. 33486.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. )

    Verify source ↗

    This section allows certain redevelopment project areas to be merged for tax allocation purposes, but only after the legislative body makes a substantial-evidence finding. It also requires the clerk to send the amending ordinance to the affected taxing agencies.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. ) ## 33486. (a) For the purpose of allocating taxes pursuant to Section 33670 and subject to the provisions of this article, redevelopment project areas under the jurisdiction of a redevelopment agency for which redevelopment plans have been adopted pursuant to Article 5 (commencing with Section 33360), may be merged, without regard to contiguity of the areas, by the amendment of each affected redevelopment plan as provided in Article 12 (commencing with Section 33450). Before adopting the ordinance amending each affected redevelopment plan, the legislative body shall find, based on substantial evidence, that both of the following conditions exist: (1) Significant blight remains within one of the project areas. (2) This blight cannot be eliminated without merging the project areas and the receipt of property taxes. (b) (1) Except as provided in paragraph (2), taxes attributable to each project area merged pursuant to this section that are allocated to the redevelopment agency pursuant to Section 33670 may be allocated to the entire merged project area for the purpose of paying the principal of, and interest on, indebtedness incurred by the redevelopment agency to finance or refinance, in whole or in part, the merged redevelopment project. (2) If the redevelopment agency has, prior to merger of redevelopment project areas, incurred any indebtedness on account of a constituent project area so merged, taxes attributable to that area that are allocated to the agency pursuant to Section 33670 shall be first used to comply with the terms of any bond resolution or other agreement pledging the taxes from the constituent project area. (c) After the merger of redevelopment projects pursuant to subdivision (a), the clerk of the legislative body shall transmit a copy of the ordinance amending the plans for projects to be merged to the governing body of each of the taxing agencies that receives property taxes from or levies property taxes upon any property in the project. (Amended by Stats. 2006, Ch. 595, Sec. 14. Effective January 1, 2007.)
  54. 33487.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. )

    Verify source ↗

    A redevelopment agency must deposit at least 20% of certain tax allocations into the Low and Moderate Income Housing Fund and use the money for housing for low- and moderate-income and very low income households.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. ) ## 33487. (a) Subject to subdivisions (a) and (b) of Section 33486, not less than 20 percent of all taxes that are allocated to the redevelopment agency pursuant to Section 33670 for redevelopment projects merged pursuant to this article, irrespective of the date of adoption of the final redevelopment plans, shall be deposited by the agency in the Low and Moderate Income Housing Fund established pursuant to Section 33334.3, or which shall be established for purposes of this section. The agency shall use the moneys in this fund to assist in the construction or rehabilitation of housing units that will be available to, or occupied by, persons and families of low or moderate income, as defined in Section 50093, and very low income households, as defined in Section 50105, for the longest feasible time period but not less than 55 years for rental units and 45 years for owner-occupied units. For the purposes of this subdivision, “construction and rehabilitation” shall include acquisition of land, improvements to land; the acquisition, rehabilitation, or construction of structures; or the provision of subsidies necessary to provide housing for persons and families of low or moderate income, as defined in Section 50093, and very low income households, as defined in Section 50105. (b) The agency may use the funds set aside by subdivision (a) inside or outside the project area. However, 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. This 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 of benefit to a project. The Legislature finds and declares that expenditures or obligations incurred by the agency pursuant to this section shall constitute an indebtedness of the project. (c) If moneys deposited in the Low and Moderate Income Housing Fund pursuant to this section have not been committed for the purposes specified in subdivisions (a) and (b) for a period of six years following deposit in that fund, the agency shall offer these moneys to the housing authority that operates within the jurisdiction of the agency, if activated pursuant to Section 34240, for the purpose of constructing or rehabilitating housing as provided in subdivisions (a) and (b). However, if no housing authority operates within the jurisdiction of the agency, the agency may retain these moneys for use pursuant to this section. (d) If the agency deposits less than 20 percent of taxes allocated pursuant to Section 33670, due to the provisions of subdivisions (a) and (b) of Section 33486, in any fiscal year, a deficit shall be created in the Low and Moderate Income Housing Fund in an amount equal to the difference between 20 percent of the taxes allocated pursuant to Section 33670 and the amount deposited in that year. The deficit, if any, created pursuant to this section constitutes an indebtedness of the project. The agency shall eliminate the deficit by expending taxes allocated in years subsequent to creation of the deficit and, until the time when that deficit has been eliminated, an agency shall not incur new obligations for purposes other than those set forth in Section 33487, except to comply with the terms of any resolution or other agreement pledging taxes allocated pursuant to Section 33670 that existed on the date of merger pursuant to this article. (e) Notwithstanding subdivision (d) of Section 33413, any agency that merges its redevelopment project areas pursuant to this article shall be subject to subdivisions (a) and (c) of Section 33413. (Amended by Stats. 2002, Ch. 782, Sec. 19. Effective January 1, 2003.)
  55. 33488.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. )

    Verify source ↗

    Before merging project areas, a redevelopment agency must notify the department of its intention to merge 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 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. ) ## 33488. Prior to merging project areas pursuant to Section 33486, a redevelopment agency shall notify the department of its intention to merge its project areas, which shall occur no later than 30 days prior to adoption of the ordinance which provides for merger. (Added by Stats. 1980, Ch. 696.)
  56. 33489.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. )

    Verify source ↗

    This section says Article 16 is the exclusive authority for merging redevelopment project areas after January 1, 1981, except for a stated Richmond-related exception.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16. Merger of Project Areas [33485 - 33489] ( Article 16 added by Stats. 1980, Ch. 696. ) ## 33489. (a) Except as provided in subdivision (b), this article shall be exclusive authority for merger of redevelopment project areas on and after January 1, 1981. However, project areas merged prior to January 1, 1981, pursuant to other provisions of this chapter shall continue to be governed by such provisions. (b) If Assembly Bill No. 3300 of the 1979–80 Regular Session is chaptered and becomes effective and adds Article 14.5 (commencing with Section 33478) to this chapter relating to the merger of project areas within the City of Richmond, any such project merger within the City of Richmond may be conducted either under this article or alternatively pursuant to the provisions of Article 14.5 (commencing with Section 33478). (Added by Stats. 1980, Ch. 696.)
  57. 33490.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4. Redevelopment Procedures and Activities [33300 - 33490] ( Chapter 4 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 16.5. Adoption of Implementation Plans [33490- 33490.] ( Article 16.5 added by Stats. 1993, Ch. 942, Sec. 30. )

    Verify source ↗

    Certain redevelopment agencies must adopt and periodically update an implementation plan after a public hearing, and the plan must include specified housing, program, expenditure, and timeline 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 16.5. Adoption of Implementation Plans [33490- 33490.] ( Article 16.5 added by Stats. 1993, Ch. 942, Sec. 30. ) ## 33490. (a) (1) (A) On or before December 31, 1994, and each five years thereafter, each agency that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a public hearing, an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the project area and implement the requirements of Section 33333.10, if applicable, and Sections 33334.2, 33334.4, 33334.6, and 33413. After adoption of the first implementation plan, the parts of the implementation plan that address Section 33333.10, if applicable, and Sections 33334.2, 33334.4, 33334.6, and 33413 shall be adopted every five years either in conjunction with the housing element cycle or the implementation plan cycle and shall be made available to the public on the Internet. The agency may amend the implementation plan after conducting a public hearing on the proposed amendment. If an action attacking the adoption, approval, or validity of a redevelopment plan adopted prior to January 1, 1994, has been brought pursuant to Chapter 5 (commencing with Section 33500), the first implementation plan required pursuant to this section shall be adopted within six months after a final judgment or order has been entered. Subsequent implementation plans required pursuant to this section shall be adopted pursuant to the terms of this section, and as if the first implementation plan had been adopted on or before December 31, 1994. (B) Adoption of an implementation plan shall not constitute an approval of any specific program, project, or expenditure and shall not change the need to obtain any required approval of a specific program, project, or expenditure from the agency or community. The adoption of an implementation plan shall not constitute a project within the meaning of Section 21000 of the Public Resources Code. However, the inclusion of a specific program, potential project, or expenditure in an implementation plan prepared pursuant to subdivision (c) of Section 33352 in conjunction with a redevelopment plan adoption shall not eliminate analysis of those programs, potential projects, and expenditures in the environmental impact report prepared pursuant to subdivision (k) of Section 33352 to the extent that it would be otherwise required. In addition, the inclusion of programs, potential projects, and expenditures in an implementation plan shall not eliminate review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), at the time of the approval of the program, project, or expenditure, to the extent that it would be otherwise required. (2) (A) A portion of the implementation plan shall address the agency housing responsibilities and shall contain a section addressing Section 33333.10, if applicable, and Sections 33334.2, 33334.4, and 33334.6, the Low and Moderate Income Housing Fund, and, if subdivision (b) of Section 33413 applies, a section addressing agency developed and project area housing. The section addressing the Low and Moderate Income Housing Fund shall contain: (i) The amount available in the Low and Moderate Income Housing Fund and the estimated amounts which will be deposited in the Low and Moderate Income Housing Fund during each of the next five years. (ii) A housing program with estimates of the number of new, rehabilitated, or price restricted units to be assisted during each of the five years and estimates of the expenditures of moneys from the Low and Moderate Income Housing Fund during each of the five years. (iii) A description of how the housing program will implement the requirement for expenditures of moneys in the Low and Moderate Income Housing Fund over a 10-year period for various groups as required by Section 33334.4. For project areas to which subdivision (b) of Section 33413 applies, the 10-year period within which Section 33334.4 is required to be implemented shall be the same 10-year period within which subdivision (b) of Section 33413 is required to be implemented. Notwithstanding the first sentence of Section 33334.4 and the first sentence of this clause, in order to allow these two 10-year time periods to coincide for the first time period, the time to implement the requirements of Section 33334.4 shall be extended two years, and project areas in existence on December 31, 1993, shall implement the requirements of Section 33334.4 on or before December 31, 2014, and each 10 years thereafter rather than December 31, 2012. For project areas to which subdivision (b) of Section 33413 does not apply, the requirements of Section 33334.4 shall be implemented on or before December 31, 2014, and each 10 years thereafter. (iv) This requirement to include a description of how the housing program will implement Section 33334.4 in the implementation plan shall apply to implementation plans adopted pursuant to subdivision (a) on or after December 31, 2002. (B) For each project area to which subdivision (b) of Section 33413 applies, the section addressing the agency developed and project area housing shall contain: (i) Estimates of the number of new, substantially rehabilitated or price restricted residential units to be developed or purchased within one or more project areas, both over the life of the plan and during the next 10 years. (ii) Estimates of the number of units of very low, low-, and moderate-income households required to be developed within one or more project areas in order to meet the requirements of paragraph (2) of subdivision (b) of Section 33413, both over the life of the plan and during the next 10 years. (iii) The number of units of very low, low-, and moderate-income households which have been developed within one or more project areas which meet the requirements of paragraph (2) of subdivision (b) of Section 33413. (iv) Estimates of the number of agency developed residential units which will be developed during the next five years, if any, which will be governed by paragraph (1) of subdivision (b) of Section 33413. (v) Estimates of the number of agency developed units for very low, low-, and moderate-income households which will be developed by the agency during the next five years to meet the requirements of paragraph (1) of subdivision (b) of Section 33413. (C) The section addressing Section 33333.10, if applicable, and Section 33334.4 shall contain all of the following: (i) The number of housing units needed for very low income persons, low-income persons, and moderate-income persons as each of those needs have been identified in the most recent determination pursuant to Section 65584 of the Government Code, and the proposed amount of expenditures from the Low and Moderate Income Housing Fund for each income group during each year of the implementation plan period. (ii) The total population of the community and the population under 65 years of age as reported in the most recent census of the United States Census Bureau. (iii) A housing program that provides a detailed schedule of actions the agency is undertaking or intends to undertake to ensure expenditure of the Low and Moderate Income Housing Fund in the proportions required by Section 33333.10, if applicable, and Section 33334.4. (iv) For the previous implementation plan period, the amounts of Low and Moderate Income Housing Fund moneys utilized to assist units affordable to, and occupied by, extremely low income households, very low income households, and low-income households; the number, the location, and level of affordability of units newly constructed with other locally controlled government assistance and without agency assistance and that are required to be affordable to, and occupied by, persons of low, very low, or extremely low income for at least 55 years for rental housing or 45 years for homeownership housing, and the amount of Low and Moderate Income Housing Fund moneys utilized to assist housing units available to families with children, and the number, location, and level of affordability of those units. (3) If the implementation plan contains a project that will result in the destruction or removal of dwelling units that will have to be replaced pursuant to subdivision (a) of Section 33413, the implementation plan shall identify proposed locations suitable for those replacement dwelling units. (4) For a project area that is within six years of the time limit on the effectiveness of the redevelopment plan established pursuant to Section 33333.2, 33333.6, 33333.7, or 33333.10, the portion of the implementation plan addressing the housing responsibilities shall specifically address the ability of the agency to comply, prior to the time limit on the effectiveness of the redevelopment plan, with subdivision (a) of Section 33333.8, subdivision (a) of Section 33413 with respect to replacement dwelling units, subdivision (b) of Section 33413 with respect to project area housing, and the disposition of the remaining moneys in the Low and Moderate Income Housing Fund. (5) The implementation plan shall identify the fiscal year that the agency expects each of the following time limits to expire: (A) The time limit for the commencement for eminent domain proceedings to acquire property within the project area. (B) The time limit for the establishment of loans, advances, and indebtedness to finance the redevelopment project. (C) The time limit for the effectiveness of the redevelopment plan. (D) The time limit to repay indebtedness with the proceeds of property taxes. (b) For a project area for which a redevelopment plan is adopted on or after January 1, 1994, the implementation plan prepared pursuant to subdivision (c) of Section 33352 shall constitute the initial implementation plan and thereafter the agency after a public hearing shall adopt an implementation plan every five years commencing with the fifth year after the plan has been adopted. Agencies may adopt implementation plans that include more than one project area. (c) Every agency, at least once within the five-year term of the plan, shall conduct a public hearing and hear testimony of all interested parties for the purpose of reviewing the redevelopment plan and the corresponding implementation plan for each redevelopment project within the jurisdiction and evaluating the progress of the redevelopment project. The hearing required by this subdivision shall take place no earlier than two years and no later than three years after the adoption of the implementation plan. For a project area that is within three years of the time limit on the effectiveness of the redevelopment plan established pursuant to Section 33333.2, 33333.6, 33333.7, or 33333.10, the review shall specifically address those items in paragraph (4) of subdivision (a). An agency may hold one hearing for two or more project areas if those project areas are included within the same implementation plan. (d) Notice of public hearings conducted pursuant to this section shall be published pursuant to Section 6063 of the Government Code, mailed at least three weeks in advance to all persons and agencies that have requested notice, and posted in at least four permanent places within the project area for a period of three weeks. Publication, mailing, and posting shall be completed not less than 10 days prior to the date set for hearing. (Amended by Stats. 2010, Ch. 610, Sec. 5.5. (AB 2762) Effective January 1, 2011.)
  58. 33492.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    The Legislature states that this chapter is meant to help communities affected by military base closures or realignments and to let redevelopment agencies include certain previously developed base areas in project 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492. With enactment of this chapter, it is the intent of the Legislature to do both of the following: (a) Provide a means of mitigating the economic and social degradation that is faced by communities the jurisdictions of which include military bases that have been ordered to be closed or realigned by the federal Base Closure Commission. (b) Enable redevelopment agencies to place in a project area portions of a military base that were previously developed, but that cannot be utilized in their present condition because of, in whole or in part, substandard infrastructure and buildings that do not meet state building standards. It is not the intent of the Legislature to encourage redevelopment agencies to include large areas of undeveloped land within project areas. (Amended by Stats. 1996, Ch. 221, Sec. 2. Effective July 22, 1996.)
  59. 33492.1.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    The Legislature states that extraordinary measures must be taken to reduce the effects of federal efforts to reduce military bases nationwide.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.1. The Legislature finds and declares that extraordinary measures must be taken to mitigate the effects of the federal government’s efforts to reduce the number of military bases throughout the country. (Added by Stats. 1993, Ch. 944, Sec. 4. Effective October 8, 1993.)
  60. 33492.10.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    This section defines when an area in or near a military base is treated as blighted and sets conditions for including land outside the base 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.10. (a) For purposes of this chapter, a blighted area within the boundaries of a military base is an area in which the combination of two or more conditions set forth in Section 33492.11 is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (b) A project area adopted pursuant to this chapter may include territory outside the boundaries of the military base, as those boundaries exist on January 1, 1996; however, all territory outside the boundaries of the military base included in the project area shall be characterized by blight, as that term is defined in Sections 33030 and 33031. An area outside the boundaries of a military base may be included in the project area only upon a finding by the agency that the area is blighted and that its inclusion in the project area is necessary for effective redevelopment of the base property. The agency shall include evidence supporting this finding in the report submitted to the legislative body pursuant to Section 33352. An area outside the boundaries of a military base shall be deemed not necessary for effective redevelopment if the area is included only for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 without other substantial justification for its inclusion. (c) This section, as amended by the act that adds this subdivision, shall only be applicable to a redevelopment plan adopted or amended on or after the effective date of the act that adds this subdivision. A redevelopment plan adopted pursuant to this chapter prior to the effective date of the act that adds this subdivision shall be subject to this section as it was added by Chapter 944 of the Statutes of 1993. (Amended by Stats. 1996, Ch. 221, Sec. 4.5. Effective July 22, 1996.)
  61. 33492.100.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent to help mitigate the economic effects of closing the Tustin Marine Corps Air Station by supporting planning and implementation of reuse and redevelopment of the site and nearby 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.100. With the enactment of this article, it is the intent of the Legislature to provide for precise and specific means to mitigate the very serious economic effects of the closure of the Tustin Marine Corps Air Station on the City of Tustin, surrounding cities and the County of Orange by facilitating the planning and implementation of the reuse and redevelopment of the lands comprising Tustin Marine Corps Air Station and surrounding areas in accordance with land use plans and a redevelopment plan that is in effect prior to the disposition of lands by the federal government. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  62. 33492.102.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

    Verify source ↗

    A redevelopment plan for the Tustin Marine Corps Air Station project may be adopted under this article, and the redevelopment agency may not use condemnation to acquire lands authorized for inclusion in the 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.102. Notwithstanding the requirements of Section 33320.1, a redevelopment plan for the Tustin Marine Corps Air Station Redevelopment Project may be adopted pursuant to the provisions of this article for a redevelopment project area which may include the following areas: (a) An area comprising the Tustin Marine Corps Air Station that is generally bounded by Edinger Avenue, Redhill Avenue, Barranca Road, and Harvard Road. (b) An area that includes land contiguous with the Tustin Marine Corps Air Station, if necessary for the effective redevelopment of the project area, provided that this area does not exceed 52 acres and meets the requirements of Section 33320.1 without taking into account any of the lands described in subdivision (a). Notwithstanding any other provision of this part, a redevelopment plan adopted pursuant to this part shall not authorize the redevelopment agency to acquire by condemnation any lands authorized to be included in a project area pursuant to this subdivision. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  63. 33492.104.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

    Verify source ↗

    This section defines when an area in the Tustin Marine Corps Air Station Redevelopment Project counts as a blighted 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.104. For the purposes of this article, a blighted area within the boundaries of the Tustin Marine Corps Air Station Redevelopment Project is an area described in subdivision (a) of Section 33492.102 in which the combination of two or more of the following conditions are so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment: (a) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate infrastructure, or other similar factors. (b) Factors that prevent or substantially hinder the economically viable reuse or capacity of buildings or areas. This condition may be caused by conditions including, but not necessarily limited to, all of the following: a substandard design; buildings that are too large or too small given present standards and market conditions; and age, obsolescence, deterioration, dilapidation, or other physical conditions that could prevent the highest and best uses of the property. This condition also may be caused by buildings that must be demolished or buildings or areas that have a lack of parking. (c) Adjacent or nearby uses that are incompatible with each other and that prevent the economic development of those parcels or other portions of the project area. (d) Buildings on land that, when subdivided or when infrastructure is installed, would not comply with community subdivision, zoning, or planning regulations. (e) Properties currently served by infrastructure that does not meet existing adopted utility or community infrastructure standards or the existence of inadequate public improvements, public facilities, and utilities that cannot be remedied by private or governmental action, without redevelopment. (f) Buildings that, when built, did not conform to the then-effective building, plumbing, mechanical, or electrical codes adopted by the jurisdiction in which the project area is located. (g) Land that contains materials or facilities, including, but not necessarily limited to, materials for aircraft landing pads and runways that would have to be removed to allow development. (h) Properties that contain hazardous wastes that may benefit from the use of agency authority as specified in Article 12.5 (commencing with Section 33459) of Chapter 4 in order to be developed by either the private or public sector or in order to comply with applicable federal or state standards. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  64. 33492.106.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

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    The redevelopment agency may defer part of a required housing-fund deposit for up to 10 years, but the deferred amount becomes an indebtedness that must be repaid later; if it is still unpaid after 20 years, the county auditor or controller must withhold and deposit an equal amount into a separate housing fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.106. (a) Notwithstanding Section 33334.2, or any other provision of law, the redevelopment agency for the Tustin Marine Corps Air Station Redevelopment Project, may, for up to 10 years, defer depositing into the Low- and Moderate-Income Housing Fund up to 50 percent of the amount required by Section 33334.2. The amount of the deferral shall be considered an indebtedness and shall be repaid to the Low- and Moderate-Income Housing Fund during the period from the beginning of the 11th year to the end of the 20th year after the establishment of the Tustin Marine Corps Air Station Redevelopment Project area. If the indebtedness is not eliminated by the end of the 20th year, the county auditor or controller shall withhold an amount equal to the indebtedness and deposit those funds into a separate Low- and Moderate-Income Housing Fund for use by the redevelopment agency. (b) This section shall not apply to the requirement that tax increment revenues attributable to the property that is located outside the military base be allocated to the Low- and Moderate-Income Housing Fund. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  65. 33492.108.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

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    The redevelopment agency must make payments to affected taxing entities, and the payment timing is calculated from the county auditor’s certification date to the Director of Finance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.108. Notwithstanding any other provision of law, the redevelopment agency shall make payments to affected taxing entities required by subdivision (a) of Section 33607.5, except that each of the time periods governing the payments shall be calculated from the date the county auditor makes the certification to the Director of Finance pursuant to Section 33492.9 instead of from the first fiscal year in which the agency receives tax increment revenue. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  66. 33492.11.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    This section lists conditions that can count as blight and limits when a project area can include land or buildings, especially for redevelopment plans adopted or amended on or after the relevant effective date.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.11. (a) For purposes of this chapter, this section describes conditions that cause blight: (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate infrastructure, or other similar factors. (2) Factors that prevent or substantially hinder the economically viable reuse or capacity of buildings or areas. This condition can be caused by conditions including, but not limited to, all of the following: a substandard design; buildings that are too large or too small, given present standards and market conditions; age, obsolescence, deterioration, dilapidation, or other physical conditions, that could prevent the highest and best uses of the property. This condition can also be caused by buildings that will have to be demolished, or buildings or areas that have a lack of adequate parking. (3) Adjacent or nearby uses that are incompatible with each other and that prevent the economic development of those parcels or other portions of the project area. (4) Buildings on land that, when subdivided, or when infrastructure is installed, will not comply with community subdivision, zoning, or planning regulations. (5) Properties currently served by infrastructure that does not meet existing adopted utility or community infrastructure standards. (6) Buildings that, when built, did not conform to the then effective building, plumbing, mechanical, or electrical codes adopted by the community where the project area is located. (7) Land that contains materials or facilities, including, but not limited to, materials for aircraft landing pads and runways, that will have to be removed to allow development. (b) Pursuant to Section 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 where these 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 the inclusion of which is found necessary for the effective redevelopment of the area of which they are a part. Each 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 the area pursuant to Section 33670 without other substantial justification for its inclusion. (c) This section, as amended by the act that adds this subdivision, shall only be applicable to a redevelopment plan adopted or amended on or after the effective date of the act that adds this subdivision. A redevelopment plan adopted pursuant to this chapter prior to the effective date of the act that adds this subdivision shall be subject to this section as it was added by Chapter 944 of the Statutes of 1993. (Amended by Stats. 1996, Ch. 221, Sec. 5. Effective July 22, 1996.)
  67. 33492.110.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

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    This section limits when CEQA applies to adopting a redevelopment plan, and if delay is allowed, requires later environmental review and notice steps.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.110. (a) Notwithstanding subdivision (k) of Section 33352, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to the adoption of a redevelopment plan prepared pursuant to this article if the redevelopment agency determines at a public hearing, noticed in accord with this section, that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in this article requires the redevelopment agency to delay application of the provisions of the California Environmental Quality Act to the redevelopment plan in accordance with this section. (b) If the redevelopment agency finds, pursuant to subdivision (a), that the application of the California Environmental Quality Act to the redevelopment plan is required to be delayed, the redevelopment agency or the community shall certify an environmental impact report for the redevelopment plan within 18 months after the effective date of the ordinance adopting the redevelopment plan. If, as a result of the preparation of the environmental document prepared pursuant to this subdivision, it is necessary to amend the redevelopment plan to mitigate any impacts, the agency shall amend the redevelopment plan according to the procedures of this part. If the environmental document is determined to be inadequate, the redevelopment agency shall not continue with projects that implement the redevelopment plan until an adequate environmental document has been certified; however, this determination shall not affect the validity of the redevelopment plan. (c) Until the redevelopment agency or the community certifies an environmental impact report for the redevelopment plan, all projects, as defined in the California Environmental Quality Act, that implement the redevelopment plan shall be subject to the California Environmental Quality Act, including, but not limited to, specific plans and rezonings. The environmental document for any implementing project shall include an analysis and mitigation of potential cumulative impacts, if any, that otherwise would not be known until an environmental document for the redevelopment plan is certified or approved and shall also include a reporting or monitoring program required pursuant to Section 21081 of the Public Resources Code. (d) The notice for the public hearing required by subdivision (a) shall comply with, and may be combined with, the notices in Section 33349 or 33361. The notice shall state that the agency intends to consider and act upon a determination that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in this article requires the redevelopment agency to delay application of the provisions of the California Environmental Quality Act to the redevelopment plan in accordance with this section. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  68. 33492.112.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

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    The ordinance adopting the redevelopment plan does not have to include one specified finding, but the redevelopment agency may not spend allocated tax increment funds on project expenses until the City of Tustin finds the plan conforms to the city’s general plan, including the housing element.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.112. The ordinance adopting the redevelopment plan for the Tustin Marine Corps Air Station Project Area shall not be required to include the finding required pursuant to paragraph (4) of subdivision (d) of Section 33367. However, the redevelopment agency shall not expend any tax increment funds allocated to it from the project area for expenses related to carrying out the project unless and until the City of Tustin finds that the redevelopment plan conforms to the general plan of the city, including the housing element. (Added by Stats. 1996, Ch. 165, Sec. 1. Effective July 15, 1996.)
  69. 33492.114.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

    Verify source ↗

    If the City of Tustin or the Tustin Community Redevelopment Agency acquires property in the former Marine Corps Air Station-Tustin area, they cannot approve development there unless the approvals require a land conveyance or dedication for the specified school and college districts.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.114. If the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, intends to or does acquire title to any real property that lies within the boundaries of the former Marine Corps Air Station-Tustin, then notwithstanding any other provision of law, including Section 33607.5, neither the City of Tustin, nor the Tustin Community Redevelopment Agency, and none of their respective agencies and political subdivisions may grant or issue any land use or other approvals, in the form of any general plan amendments, specific plans, zoning ordinances, redevelopment plans, development agreements, subdivision maps, or other development permits or entitlements, to allow any persons or entities to develop any commercial, residential, or other land uses on all or any portion of any real property at the Marine Corps Air Station-Tustin that the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, intends to or does acquire from any source, unless those approvals require, as conditions of approval and mitigation measures for allowing the development of those land uses, the conveyance, or the irrevocable offer to dedicate, without charge, to the Santa Ana Unified School District and the Rancho Santiago Community College District, for purposes of constructing and operating a K-14 facility, (a) fee title to a 100-acre parcel of contiguous land situated within that portion of the Marine Corps Air Station-Tustin that falls within the existing boundaries of the Santa Ana Unified School District and the Rancho Santiago Community College District and includes all or some of the real property referred to as Parcels 4, 5, 6, 7, 8, and 14 as shown on Figure 2-3 of the approved Reuse Plan for the Marine Corps Air Station-Tustin, or (b) fee title to a portion of the Marine Corps Air Station-Tustin that consists of a portion of land that is approved in writing by the Santa Ana Unified School District and the Rancho Santiago Community College District and that does not include any property designated in the Marine Corps Air Station-Tustin Base Reuse Plan for any other public entity or nonprofit organization, including, without limitation, the County of Orange, the Orange County Sheriff-Coroner, and the Orange County Rescue Mission, but excluding the South Orange County Community College District. Those conditions of approval and mitigation measures shall require that the conveyance or offer to dedicate that 100-acre parcel to those districts shall be made within 12 months of the date on which the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, first acquires that property from any source. The requirements of this section shall be deemed satisfied upon the conveyance of the property, described in (a) or (b), to the Santa Ana Unified School District and the Rancho Santiago Community College District. Prior to conveyance of this property, the Santa Ana Unified School District and the Rancho Santiago Community College District shall agree upon a legal description of the property. Notwithstanding any other provision of law, for purposes of Article 7 (commencing with Section 1240.610) of Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, use of land for classroom facilities, including, but not limited to, educational and training programs, by the Santa Ana Unified School District or the Rancho Santiago Community College District shall be irrebuttably presumed to be a more necessary public use than any other use at the Marine Corps Air Station-Tustin. This section shall apply retroactively to all land use or other approvals relating to the Marine Corps Air Station-Tustin that are granted or issued by the City of Tustin, the Tustin Community Redevelopment Agency, or any agency or political subdivision of either, on or after January 1, 2001. Any such land use or other approvals granted or issued by any of these entities that do not comply with this section shall be invalid and of no force or effect. (Added by Stats. 2001, Ch. 123, Sec. 2. Effective January 1, 2002.)
  70. 33492.116.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. )

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    The City of Tustin may take over certain historic-preservation duties for the Tustin Marine Corps Air Station area if its program is certified, and if it does so it must run a marketing and solicitation process and require mitigation if reuse is not feasible.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 7. Tustin Marine Corps Air Station [33492.100 - 33492.116] ( Article 7 added by Stats. 1996, Ch. 165, Sec. 1. ) ## 33492.116. (a) For purposes of the application of Section 106 of the National Historic Preservation Act (16 U.S.C. Sec. 470 et seq.) as it applies only to an area comprising the survey area created for redevelopment of the Tustin Marine Corps Air Station pursuant to Section 33310, if the City of Tustin’s historic preservation program is certified pursuant to Section 101(c)(1) of that act (16 U.S.C. Sec. 470a(c)(1)), the City of Tustin may elect to assume any of the duties that are given to the state historic preservation officer by Part 800 of Title 36 of the Code of Federal Regulations or that originate from agreements concluded under those regulations. The state historic preservation officer shall agree to this assumption of duties by the City of Tustin. (b) In assuming the duties of the state historic preservation officer pursuant to this section, the city shall ensure that a marketing and solicitation process is conducted to determine the feasibility of permanent reuse of Buildings 29 and 29A. The city shall be responsible for determining in good faith if there are qualified respondents to the marketing and solicitation process and determining if the permanent use of these properties in their historic condition is feasible. If it is determined that permanent use of these historic properties is not feasible, the city shall require mitigation for the adverse effect on these historic properties prior to approving any undertaking. (Added by Stats. 1998, Ch. 989, Sec. 1. Effective September 30, 1998.)
  71. 33492.125.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. )

    Verify source ↗

    The Legislature states that this article is meant to help mitigate the economic effects of the closure of the Alameda Naval Air Station and the Fleet Industrial Supply Center by supporting planning and redevelopment of the affected lands.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. ) ## 33492.125. With the enactment of this article, it is the intent of the Legislature to provide for precise and specific means to mitigate the very serious economic effects of the closure of the Alameda Naval Air Station and the Fleet Industrial Supply Center on the City of Alameda, surrounding cities, and the County of Alameda by facilitating the planning and implementation of the reuse and redevelopment of the lands comprising the Naval Air Station and the Fleet Industrial Supply Center located in the City of Alameda and the surrounding areas in accordance with land use plans and a redevelopment plan that are in effect prior to the disposition of lands by the federal government. (Added (by renumbering Section 33493.1) by Stats. 1997, Ch. 580, Sec. 13. Effective January 1, 1998. Note: The action line's renumbering of Article 7 to Article 8 implies that it amended and renumbered Section 33493.1.)
  72. 33492.127.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. )

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    A redevelopment plan for the Alameda Naval Air Station/Fleet Industrial Supply Center area may be adopted only if the project area stays within the site boundaries, and the agency or community must certify an environmental impact report within 30 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. ) ## 33492.127. (a) A redevelopment plan covering all or part of the lands of the Alameda Naval Air Station and the Fleet Industrial Supply Center Redevelopment Project may be adopted pursuant to Article 1 (commencing with Section 33492), provided that the project area shall not include territory outside the boundaries of the Alameda Naval Air Station and the Fleet Industrial Supply Center. (b) Notwithstanding the time limit in subdivision (b) of Section 33492.18, the agency or the community shall certify an environmental impact report for the redevelopment plan adopted pursuant to this section within 30 months after the effective date of the ordinance adopting the redevelopment plan. (c) The following provisions shall apply to the approval of projects that implement a redevelopment plan authorized by this article: (1) For 18 months after the effective date of the ordinance adopting the redevelopment plan, or until the certification of an environmental impact report for the redevelopment plan if the report is certified during that 18-month period, subdivision (c) of Section 33492.18 shall apply. (2) If an environmental impact report for the redevelopment plan is not certified within 18 months after the effective date of the ordinance adopting the plan, then during the succeeding 12 months or until the certification of an environmental impact report if the report is certified during that 12-month period, no project, as defined in Section 21065 of the Public Resources Code, that implements the redevelopment plan shall be approved by the agency or the community unless any of the following occurs: (A) The agency or the community has approved a negative declaration or certified an environmental impact report, or has certified a subsequent or supplemental environmental impact report, for the project before the expiration of the 18-month period provided in Section 33492.18. (B) The agency or the community has certified a subsequent or supplemental environmental impact report for the project where the environmental impact report for the project was certified before the expiration of the 18-month period provided in Section 33492.18. (C) The agency or the community complies with Chapter 4.5 (commencing with Section 21156) of Division 13 of the Public Resources Code for subsequent projects described in a master environmental impact report as being within the scope of the report, and that master environmental impact report was certified before the expiration of the 18-month period provided in Section 33492.18. (D) The project is categorically exempt pursuant to Article 19 (commencing with Section 15300) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. (Amended by Stats. 1998, Ch. 586, Sec. 3. Effective September 18, 1998.)
  73. 33492.129.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. )

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    The redevelopment agency must make payments to affected taxing entities as required by Section 33607.5.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. ) ## 33492.129. Notwithstanding Section 33492.9 or any other provision of law, the redevelopment agency shall make payments to affected taxing entities required by Section 33607.5. (Added (by renumbering Section 33493.3) by Stats. 1997, Ch. 580, Sec. 13. Effective January 1, 1998. Note: The action line's renumbering of Article 7 to Article 8 implies that it amended and renumbered Section 33493.3.)
  74. 33492.13.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    Redevelopment plans in this section must include specified limits on tax allocation, debt timing, plan duration, and eminent domain timing.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.13. (a) A redevelopment plan, adopted pursuant to this chapter and containing the provisions set forth in Section 33670, shall contain all of the following limitations: (1) A limitation on the number of dollars of taxes which may be divided and allocated to the redevelopment agency pursuant thereto. Taxes shall not be divided and shall not be allocated to the redevelopment agency beyond this limitation, except by amendment of the redevelopment plan pursuant to Section 33354.6, or as necessary to comply with subdivision (a) of Section 33333.8. (2) (A) 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 to finance in whole or in part the redevelopment project, which may not exceed 20 years from the date the county auditor certifies pursuant to Section 33492.9, except by amendment of the redevelopment plan as authorized by subparagraph (B). The loans, advances, or indebtedness may be repaid over a period of time longer than the 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, except as necessary to comply with subdivision (a) of Section 33333.8. (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) substantial blight remains within the project area; (ii) this blight cannot be eliminated without the establishment of additional debt; and (iii) the elimination of blight cannot reasonably be accomplished by private enterprise acting alone or by the legislative body’s use of financing alternatives other than tax increment financing. However, this amended time limitation may not exceed 30 years from the date the county auditor certifies pursuant to Section 33492.9, except as necessary to comply with subdivision (a) of Section 33333.8. (3) A time limit, not to exceed 30 years from the date the county auditor certifies pursuant to Section 33492.9, 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, comply with subdivision (a) of Section 33333.8, and enforce existing covenants or contracts. (4) A time limit, not to exceed 45 years from the date the county auditor certifies pursuant to Section 33492.9, 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. (5) The limitations contained in a redevelopment plan 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. (b) (1) A redevelopment plan, adopted pursuant to this chapter, that does not contain the provisions set forth in Section 33670 shall contain the limitations in paragraph (2). (2) A time limit, not to exceed 12 years from the date the county auditor certifies pursuant to Section 33492.9, 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. (Amended by Stats. 2002, Ch. 782, Sec. 21. Effective January 1, 2003.)
  75. 33492.131.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. )

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    This section says certain dwelling units in the Alameda Naval Air Station and Fleet Industrial Supply Center project area are treated as substantially rehabilitated units if they were made available to a Homeless Collaborative member and were later substantially rehabilitated.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 8. The Alameda Naval Air Station and the Fleet Industrial Supply Center [33492.125 - 33492.131] ( Article 8 renumbered from Article 7 (as added by Stats. 1996, Ch. 222) by Stats. 1997, Ch. 580, Sec. 13. ) ## 33492.131. (a) Dwelling units, as defined, in the Alameda Naval Air Station and the Fleet Industrial Supply Center Project Area made available to a member of the Homeless Collaborative pursuant to the Base Closure Community Redevelopment and Homeless Assistance Act of 1994 (Part A of Title XXIX of Public Law 101-510; 10 U.S.C. Sec. 2687 note), and in particular Section (7) (C) through (O) thereof, and thereafter substantially rehabilitated, shall be deemed substantially rehabilitated units for purposes of determining the compliance of the Alameda Naval Air Station and the Fleet Industrial Supply Center redevelopment agency with the provisions of subdivision (b) of Section 33413. (b) For the purposes of this section “dwelling units” means permanent or transitional residential units, and does not mean student dormitory rooms or overnight emergency shelter beds. (c) For the purposes of this section “substantially rehabilitated” means rehabilitation, the value of which constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of land value. (Added (by renumbering Section 33493.4) by Stats. 1997, Ch. 580, Sec. 13. Effective January 1, 1998. Note: The action line's renumbering of Article 7 to Article 8 implies that it amended and renumbered Section 33493.4.)
  76. 33492.140.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 9. Hamilton Army Airfield [33492.140- 33492.140.] ( Article 9 added by Stats. 1999, Ch. 38, Sec. 1. )

    Verify source ↗

    The redevelopment agency of the City of Novato may pay money to Marin County, the Novato Fire Protection District, and the Marin Community College District if the agency determines the payments would help relieve financial burden or detriment from the Hamilton Field Redevelopment 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 9. Hamilton Army Airfield [33492.140- 33492.140.] ( Article 9 added by Stats. 1999, Ch. 38, Sec. 1. ) ## 33492.140. Notwithstanding paragraph (1) of subdivision (f) of Section 33607.5, the redevelopment agency of the City of Novato may pay to the County of Marin, the Novato Fire Protection District, and the Marin Community College District any amounts of money that in the agency’s determination are appropriate to alleviate any financial burden or detriment caused to the County of Marin, the Novato Fire Protection District, or the Marin Community College District by the Hamilton Field Redevelopment Project. (Added by Stats. 1999, Ch. 38, Sec. 1. Effective January 1, 2000.)
  77. 33492.15.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    The agency must make certain payments under Section 33607.5, using a timing rule tied to the county auditor’s certification date. Before taking on bonded debt, an agency may subordinate the amount owed to affected school and community college districts if it finds it will still have enough funds to cover both 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.15. Notwithstanding any other provision of law, all of the following shall occur: (a) The agency shall make the payments required by Section 33607.5, except that each of the time periods governing the payments shall be calculated from the date the county auditor makes the certification to the Director of Finance pursuant to Section 33492.9, instead of from the first year that the agency receives tax-increment revenue. (b) Prior to incurring any bonded indebtedness, any agency administering a project area pursuant to this chapter may subordinate to the bonded debt the amount required to be paid to an affected school district or community college district pursuant to this section upon a finding, based upon substantial evidence, that the agency will have sufficient funds available to pay both the bonded debt payments and the payments required by this section. (Amended by Stats. 1996, Ch. 221, Sec. 6. Effective July 22, 1996.)
  78. 33492.16.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    A redevelopment agency may defer part of the required 20% allocation of tax increment revenue to the housing fund for up to five years if the required annual findings are made and the local vacancy rate is over 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.16. (a) Notwithstanding Section 33334.2 or any other provision of law, an agency established or governed pursuant to this chapter may annually defer the requirement to allocate 20 percent of tax increment revenue to the Low and Moderate Income Housing Fund for a period of up to five years after the date of adoption of the redevelopment plan, based upon an annual finding of the legislative body that the funds are necessary for the effective redevelopment of base property and long-term tax generation, and that the vacancy rate for housing affordable to lower income households within the jurisdiction of the members of the agency is greater than 4 percent. The vacancy rate for housing affordable to lower income households shall be established by using the vacancy rates most recently published in the annual California Department of Finance Population and Housing Estimates (Report E-5, or a successor report). The authority and procedures for deferral of allocation of tax increment revenue which is governed by this section shall not apply to the tax increment revenues attributable to the property that is located outside the military base which is allocated to the Low- and Moderate-Income Housing Fund. (b) The amount of the deferral, if any, shall be considered an indebtedness of the agency, and shall be paid into the Low and Moderate Income Housing Fund no later than the end of the 20th fiscal year after the date on which the agency adopts its project. If the indebtedness is not eliminated by the end of the 20th fiscal year, the county auditor or controller, no later than March 15 of the 21st year, shall withhold from the portion of tax increment to which the redevelopment agency is otherwise entitled an amount equal to the indebtedness and deposit those funds into a separate Low and Moderate Income Housing Fund for use by the agency to meet its affordable housing requirements pursuant to this part. Under no circumstances shall this section be interpreted or applied in a manner that has the effect of reducing the tax increment payable or received by affected taxing entities pursuant to Section 33492.15. (Added by Stats. 1996, Ch. 221, Sec. 7. Effective July 22, 1996.)
  79. 33492.18.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    This section lets a redevelopment agency delay CEQA review for adopting a redevelopment plan if it makes the required public-hearing determination, but it then imposes environmental review and notice 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.18. (a) Notwithstanding subdivision (k) of Section 33352, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to the adoption of a redevelopment plan prepared pursuant to this article if the redevelopment agency determines at a public hearing, noticed in accordance with this section, that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in this article requires the redevelopment agency to delay application of the provisions of the California Environmental Quality Act to the redevelopment plan in accordance with this section. (b) If the redevelopment agency finds, pursuant to subdivision (a), that the application of the California Environmental Quality Act to the redevelopment plan is required to be delayed, the redevelopment agency or the community shall certify an environmental impact report for the redevelopment plan within 18 months after the effective date of the ordinance adopting the redevelopment plan. If, as a result of the preparation of the environmental document prepared pursuant to this subdivision, it is necessary to amend the redevelopment plan to mitigate any impacts, the agency shall amend the redevelopment plan according to the procedures of this part. If the environmental document is determined to be inadequate by a court of competent jurisdiction, the redevelopment agency shall not undertake additional projects that implement the redevelopment plan until an adequate environmental document has been certified. However, this determination shall not affect the validity of the redevelopment plan. (c) Until the redevelopment agency or the community certifies an environmental impact report for the redevelopment plan, all projects, as defined in the California Environmental Quality Act, that implement the redevelopment plan shall be subject to the California Environmental Quality Act, including, but not limited to, specific plans and rezonings. The environmental document for any implementing project shall include an analysis and mitigation of potential cumulative impacts, if any, that otherwise would not be known until an environmental document for the redevelopment plan is certified or approved and shall also include a reporting or monitoring program required pursuant to Section 21081 of the Public Resources Code. (d) The notice for the public hearing required by subdivision (a) shall comply with, and may be combined with, the notices in Section 33349 or 33361. The notice shall state that the agency intends to consider and act upon a determination that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in this article requires the redevelopment agency to delay application of the provisions of the California Environmental Quality Act to the redevelopment plan in accordance with this section. (Added by Stats. 1996, Ch. 221, Sec. 9. Effective July 22, 1996.)
  80. 33492.20.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    This section limits what a base redevelopment plan and related reports or ordinance must include, and restricts spending of tax increment funds until required consistency findings 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.20. (a) (1) The redevelopment plan for the base need not include either of the following: (A) The information required pursuant to subdivision (d) of Section 33324, relative to the contents of the preliminary plan. (B) The finding required pursuant to paragraph (4) of subdivision (d) of Section 33367, relative to the consistency of the redevelopment plan to the community’s general plan. (2) The agency shall not expend any tax increment funds allocated to it from the project area for expenses related to carrying out the project, unless and until the legislative bodies of all the communities included in the project area have adopted findings that the redevelopment plan is consistent with the general plan of the community, including the 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. (b) Notwithstanding Section 33328, the report required by that section need only be as complete as the information then available permits. (c) Notwithstanding Section 33344.5, the preliminary report required by that section need only be as complete as the information then available permits, and need not contain the information required by subdivision (c) of Section 33344.5. (d) The report submitted by the agency to the legislative body pursuant to Section 33352, need not contain the items listed in subdivisions (h), (j), and (k) of Section 33352, as modified by subdivision (b) of this section. (e) The ordinance adopted by the legislative body pursuant to Section 33367 need not contain the items listed in paragraphs (4) and (12) of subdivision (d) of Section 33367. (Added by Stats. 1996, Ch. 221, Sec. 11. Effective July 22, 1996.)
  81. 33492.21.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    The City Council of San Diego must certify an environmental impact report for the Naval Training Center Redevelopment Plan within 30 months, and project approval is restricted if the report is not certified 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.21. (a) Notwithstanding the time limit in subdivision (b) of Section 33492.18, the City Council of the City of San Diego shall certify an environmental impact report for the Naval Training Center Redevelopment Plan within 30 months after the effective date of the ordinance adopting that redevelopment plan. (b) The following provisions shall apply to the approval of projects that implement a redevelopment plan authorized by this article: (1) For 18 months after the effective date of the ordinance adopting the redevelopment plan, or until the certification of an environmental impact report for the redevelopment plan if the report is certified during that 18-month period, subdivision (c) of Section 33492.18 shall apply. (2) If an environmental impact report for the redevelopment plan is not certified within 18 months after the effective date of the ordinance adopting the plan, then during the succeeding 12 months or until the certification of an environmental impact report if the report is certified during that 12-month period, no project, as defined in Section 21065 of the Public Resources Code, that implements the redevelopment plan shall be approved by the agency or the community unless any of the following occurs: (A) The agency or the community has approved a negative declaration or certified an environmental impact report, or has certified a subsequent or supplemental environmental impact report, for the project before the expiration of the 18-month period provided in Section 33492.18. (B) The agency or the community has certified a subsequent or supplemental environmental impact report for the project where the environmental impact report for the project was certified before the expiration of the 18-month period provided in Section 33492.18. (C) The agency or the community complies with Chapter 4.5 (commencing with Section 21156) of Division 13 of the Public Resources Code for the subsequent projects described in a master environmental impact report as being within the scope of the report, and that master environmental impact report was certified before the expiration of the 18-month period provided in Section 33492.18. (D) The project is categorically exempt pursuant to Article 19 (commencing with Section 15300) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. (Added by Stats. 1998, Ch. 586, Sec. 1. Effective September 18, 1998.)
  82. 33492.22.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    The named San Francisco commissions must certify an environmental impact report for the Hunter’s Point Shipyard Redevelopment Plan within 30 months. If the report is not certified within 18 months, project approval is barred for a further 12 months unless one of several listed environmental review conditions is 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.22. (a) Notwithstanding the time limit in subdivision (b) of Section 33492.18, the Planning Commission and the Redevelopment Commission of the City and County of San Francisco shall certify an environmental impact report for the Hunter’s Point Shipyard Redevelopment Plan within 30 months after the effective date of the ordinance adopting the redevelopment plan. (b) The following provisions shall apply to the approval of projects that implement a redevelopment plan authorized by this article: (1) For 18 months after the effective date of the ordinance adopting the redevelopment plan, or until the certification of an environmental impact report for the redevelopment plan if the report is certified during that 18-month period, subdivision (c) of Section 33492.18 shall apply. (2) If an environmental impact report for the redevelopment plan is not certified within 18 months after the effective date of the ordinance adopting the plan, then during the succeeding 12 months or until the certification of an environmental impact report if the report is certified during that 12-month period, no project, as defined in Section 21065 of the Public Resources Code, that implements the redevelopment plan shall be approved by the agency or the community unless any of the following occurs: (A) The agency or the community has approved a negative declaration or certified an environmental impact report, or has certified a subsequent or supplemental environmental impact report, for the project before the expiration of the 18-month period provided in Section 33492.18. (B) The agency or the community has certified a subsequent or supplemental environmental impact report for the project where the environmental impact report for the project was certified before the expiration of the 18-month period provided in Section 33492.18. (C) The agency or the community complies with Chapter 4.5 (commencing with Section 21156) of Division 13 of the Public Resources Code for subsequent projects described in a master environmental impact report as being within the scope of the report, and that master environmental impact report was certified before the expiration of the 18-month period provided in Section 33492.18. (D) The project is categorically exempt pursuant to Article 19 (commencing with Section 15300) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. (Amended by Stats. 1999, Ch. 83, Sec. 112. Effective January 1, 2000.)
  83. 33492.28.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    This section defines “fiscal year” as a year starting on July 1 and ending on the next June 30.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.28. As used in this chapter, “fiscal year” means a year commencing on July 1 and ending on the next June 30. (Added by renumbering Section 33492.69 by Stats. 1994, Ch. 146, Sec. 124. Effective January 1, 1995.)
  84. 33492.29.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    A redevelopment-plan ordinance must include a finding that tax increment financing will not create a significant financial burden or detriment for any taxing agency receiving project-area revenues.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.29. An ordinance adopting a redevelopment plan under this chapter shall include a finding that the effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from a project area. This finding shall only be required when the project is financed in part or in whole from revenues derived from the allocation of taxes pursuant to Section 33670. (Added by Stats. 1993, Ch. 944, Sec. 4. Effective October 8, 1993.)
  85. 33492.3.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    A project area formed under this chapter may include closed or realigned military base property and may also include land outside the base, but outside land included in the area must be characterized as predominantly urbanized.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.3. For any project area formed pursuant to this chapter, the project area may include all, or any portion of, property within a military base that the federal Base Closure Commission has voted to close or realign when that action has been sustained by the President and Congress of the United States, regardless of the percentage of urbanized land, as defined in Section 33320.1, within the military base. The project area may include territory outside the military base; however, all territory outside the military base included therein shall be characterized as predominantly urbanized, as that term is defined in subdivision (b) of Section 33320.1. The procedures authorized by this chapter may be used for the redevelopment of any closed or realigned military base, but shall not constitute the exclusive method by which redevelopment may occur on these bases. (Amended by Stats. 1996, Ch. 221, Sec. 3. Effective July 22, 1996.)
  86. 33492.4.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    Chapter 4 applies to project areas formed under this chapter, unless Chapter 4 conflicts with this chapter.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.4. Chapter 4 (commencing with Section 33300) shall be applicable to any project area formed pursuant to this chapter, except to the extent that Chapter 4 is inconsistent with this chapter. (Added by Stats. 1996, Ch. 221, Sec. 4. Effective July 22, 1996.)
  87. 33492.40.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. )

    Verify source ↗

    This section allows certain communities near a closing military facility to form a joint powers agency for redevelopment, sets rules for project areas and plans, and imposes reporting and committee duties.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. ) ## 33492.40. (a) Notwithstanding Section 33320.1, the requirement that privately owned land within a project area be “predominantly urbanized,” as that term is defined in subdivision (b) of Section 33320.1, shall not apply to privately owned land within a project area, if the privately owned land is adjacent or in proximity to a military facility or installation that is proposed to be closed pursuant to Public Law 100-526 and the inclusion of the privately owned land is found by an entity formed pursuant to subdivision (b) to be necessary for the effective redevelopment of the military facility or installation and the adjacent area. (b) The legislative bodies for communities having territory within, adjacent to, or in proximity to a military facility or installation described in subdivision (a) may create a separate joint powers agency pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, which shall have and exclusively exercise powers of an agency in furtherance of the redevelopment of a project area approved by the joint powers agency. The joint powers agency so formed shall include as one of its members the county in which the project area is located. In addition to the powers of an agency, the joint powers agency so formed shall also act as the legislative body and planning commission for all approvals and actions required by this part of legislative bodies and planning commissions for the adoption and implementation of a redevelopment plan. However, all land use, planning, and development decisions with regard to the land within the project area shall continue to be under the control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable. (c) The territory included within the project and project area may be contiguous or noncontiguous, and any project area may be located in whole or in part within one or more of the communities impacted by the closure of the military facility or installation, and the land to be included within the project area within the community or communities in proximity to the military facility or installation shall be found necessary for the effective redevelopment of the military facility or installation and the adjacent area. A project area shall not include territory outside the jurisdiction of the communities that are parties to the joint powers agency without the consent of the legislative body having jurisdiction over the territory proposed to be included within the project area. (d) A redevelopment plan for the project area shall contain all of the provisions required by this part. However, if the agency finds, based on substantial evidence on the record, that compliance with the requirements of Sections 33333.2 and 33334.1 would make it impracticable to achieve the policies of this section, the agency may eliminate or modify the requirements of Sections 33333.2 and 33334.1. (e) The redevelopment plan shall provide for either of the following: (1) A Low- and Moderate-Income Housing Fund, as required by Section 33334.2. (2) A deferral for depositing all or part of the 20 percent of taxes allocated to the agency pursuant to Section 33670 in the Low- and Moderate-Income Housing Fund if the agency, after conducting a noticed public hearing, makes, and the executive committee of the Southern California Association of Governments reviews and approves, findings supported by substantial evidence that all of the following apply: (A) The military facility or installation cannot be acquired or developed by private enterprise without the assistance of the agency. (B) There are no feasible alternative means of financing the acquisition or development of the military facility or installation other than by utilizing the low- and moderate-income housing portion of the taxes that are allocated to the agency pursuant to subdivision (b) of Section 33670. (C) Failure of the agency to finance the acquisition or development of the military facility or installation would lead to serious economic hardship and job loss. (D) The redevelopment plan shall specify the period during which less than 20 percent of the taxes that are allocated to the agency pursuant to subdivision (b) of Section 33670, is to be deposited in the Low- and Moderate-Income Housing Fund. The redevelopment plan shall also contain a repayment plan which specifies a date at which time the agency will have made up the deficit created by the deferral, including repayment of the interest at the highest rate received by the agency on funds it deposits during the period of deferral. The repayment plan shall reduce the deficit in the shortest feasible time consistent with the needs of the agency, as specified in the agency’s findings. (f) The joint powers agency acting as the agency, the legislative body or the planning commission, shall follow all procedures under this part applicable to the adoption and amendment of redevelopment plans, except with respect to Section 33347.5, Sections 33353 to 33353.6, inclusive, Sections 33354.4 to 33354.6, inclusive, and Section 33385. (g) The agency shall create a fiscal advisory group to consult with each affected taxing agency and to advise and report to the agency in the manner required of a fiscal review committee by Section 33353.5 on any potential fiscal impact upon affected taxing agencies within the project area. The fiscal advisory group shall consist of the financial officer or treasurer of each city and each county that created the joint powers authority. (h) The agency shall prepare and distribute to each affected taxing agency a report that includes the information required by Section 33328. The agency shall also prepare an analysis of the report required of a fiscal review committee pursuant to subdivision (m) of Section 33352 and an analysis of the report required of the fiscal advisory group pursuant to subdivision (g). (i) As used in this section, “in proximity to” means within three miles of the boundary of Norton Air Force Base and within eight miles of George Air Force Base. (j) The Legislature finds and declares that the closure of two or more military facilities or installations within the County of San Bernardino will cause serious economic hardship in that county, including loss of jobs, increased unemployment, deterioration of properties and land utilization and undue disruption of the lives and activities of the people. Therefore, the Legislature finds and declares that to avoid serious economic hardship and accompanying blight, it is necessary to enact this act which shall apply only within the County of San Bernardino. In enacting this act, it is the policy of the Legislature to assist communities within the County of San Bernardino in their attempt to preserve the military facilities and installations for their continued use as airports and aviation-related purposes. It is the intent of the Legislature and the commitment of the local authorities to ensure that the existing airfields at both Norton Air Force Base and George Air Force Base are protected, developed, and enhanced as civil aviation public use airports. Therefore, the joint powers authorities authorized by this section should make every reasonable effort to guarantee that these vital airport facilities are retained for general aviation use now and into the future. (k) Any joint powers agreement entered into pursuant to this section shall provide that the financial needs of each of the parties shall be considered prior to adoption of a redevelopment plan, and may provide that the number of years shall be limited during which bonded indebtedness may be paid using taxes that are allocated to the agency pursuant to subdivision (b) of Section 33670. (1) A joint powers agency operating within the area of Norton Air Force Base shall appoint a project area citizens committee for the purpose of consultation and advice regarding policy matters that relate to planning and programs affecting the residents, businesses, and educational institutions within the project area, implementation of the redevelopment plan, and the development and implementation of amendments to the redevelopment plan. (2) The committee shall be comprised of residential owners, residential tenants, business owners, small business owners, business tenants, educational institution representatives, and community groups currently operating, living, or working within the project area. The membership of the Project Area Citizens Committee shall be appointed by the legislative body of the agency and shall be representative, both racially and ethnically, of the people who live and work within the project area. (3) For the purposes described above, the committee shall meet at least once quarterly or more often to review policy matters and implementation issues as determined necessary by the legislative body. (l) Amendments to any redevelopment plans adopted pursuant to this section shall not be required to comply with the provisions of Section 33452, provided that notice of the public hearing for any amendment adopted pursuant to Article 12 (commencing with Section 33450) of Chapter 4, is published pursuant to Section 6063 of the Government Code and mailed by regular mail to the governing body of each of the taxing agencies that levies taxes upon any property in the project area designated in the redevelopment plan as proposed to be amended. (Amended by Stats. 2004, Ch. 183, Sec. 209. Effective January 1, 2005.)
  88. 33492.41.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. )

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    The Inland Valley Development Agency may decide at a noticed public hearing that a specified redevelopment plan amendment is not subject to CEQA, but certain implementing projects remain subject to CEQA.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. ) ## 33492.41. (a) Notwithstanding Section 21090 of the Public Resources Code, the Inland Valley Development Agency may determine at a noticed public hearing that the amendment of a redevelopment plan for the Norton Air Force Base Redevelopment Project Area pursuant to this chapter is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), except that projects implementing the redevelopment plan, including specific plans, rezonings, and ministerial projects that may have a significant effect on the environment, shall be subject to the California Environmental Quality Act. The environmental document for any implementing project shall include an analysis and mitigation of potential cumulative impacts that otherwise will not be known until an environmental impact report for the redevelopment plan is certified. (b) The notice of the public hearing required pursuant to subdivision (a) shall include the date, time, and place of the hearing, a brief description of the proposed project and its location, the date when notice will be provided pursuant to Section 21092 of the Public Resources Code, and the address where copies of the notice of exemption are available for review. (c) The notice required by this section shall be given to all organizations and individuals who have previously requested notice pursuant to the California Environmental Quality Act, and shall be given by publication, no fewer times than required by Section 6061 of the Government Code, by the public agency in a newspaper of general circulation in the area affected by the proposed project. (d) If the Inland Valley Development Agency determines, pursuant to subdivision (a), that the amendment of a redevelopment plan is not subject to the California Environmental Quality Act, the redevelopment agency shall prepare and certify an environmental impact report for the redevelopment plan amendment within 12 months after the effective date of the ordinance amending the redevelopment plan. (e) An environmental impact report prepared and certified for a specific plan or other comprehensive land use plan for the applicable portion of the Inland Valley Redevelopment Project Area shall satisfy the requirement of subdivision (d) if the plan covers the same area and project as the amendment to the redevelopment plan and is certified within 12 months after the effective date of the ordinance amending the redevelopment plan. (f) The redevelopment agency shall revise the redevelopment plan if necessary to mitigate any impacts and comply with the California Environmental Quality Act and adopt mitigation measures as conditions of project approval. (g) This section shall only apply to a redevelopment plan amendment approved on or before September 1, 1995. (Added by renumbering Section 33320.7 by Stats. 1997, Ch. 580, Sec. 11.5. Effective January 1, 1998.)
  89. 33492.42.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. )

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    A specified redevelopment agency may build and maintain sewer and water infrastructure for a qualifying project area, and local ordinances do not apply to that activity.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. ) ## 33492.42. (a) The redevelopment agency referenced in Section 33492.41 may locate, construct, and maintain facilities and infrastructure for sewer and water pipelines or other facilities for sewer transmission and water supply or distribution systems along and across any street or public highway and on any lands that are now or hereafter owned by the state, for the purpose of providing facilities or services related to development to, or in that portion of, the redevelopment project area referenced in subdivision (e) of Section 33492.41 that, as of January 1, 2000, meets all of the following requirements: (1) Is unincorporated territory. (2) Contains at least 100 acres. (3) Is surrounded or substantially surrounded by incorporated territory. (4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses. (b) Facilities or services related to development may be provided by the redevelopment agency referenced in Section 33492.41 to all or any portion of the area defined in paragraphs (1) to (4), inclusive, of subdivision (a). Notwithstanding any other provision of the Government Code, building ordinances, zoning ordinances, and any other local ordinances, rules, and regulations of a city or other political subdivision of the state shall not apply to the location, construction, or maintenance of facilities or services related to development pursuant to this section. (Amended by Stats. 2008, Ch. 709, Sec. 16. Effective January 1, 2009.)
  90. 33492.43.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. )

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    A qualifying redevelopment plan may use either its adoption year or the 1994–95 fiscal year as the base year. If the 1994–95 fiscal year is used, the county assessor’s certification can require the base year to revert, and the governing board may have to repay increased state school aid within five years if the adjustment hurts the state financially.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1.5. Norton Air Force Base and George Air Force Base Redevelopment Project Areas [33492.40 - 33492.43] ( Article 1.5 heading added by Stats. 1997, Ch. 580, Sec. 12.5. ) ## 33492.43. (a) Any redevelopment plan, or any amendment to an existing redevelopment plan adopted on or after July 1, 1993, that is subject to Section 33492.40, may utilize as the base year either the year it was adopted or the 1994–95 fiscal year, at the option of the adopting agency, as referenced by a duly adopted ordinance of the governing board. If the governing board adopts the 1994–95 fiscal year as the base year, that designation shall remain in effect only until the time that the county assessor certifies that assessed values for the redevelopment project area equal or exceed the assessed value in the initial base year. When that certification is made by the county assessor, the base year shall revert to the initial base year at the time of plan adoption. (b) To the extent any adjustment in the base year pursuant to this section creates a negative fiscal impact on the state, the governing board shall, on or before the expiration of five years from the date of the adjustment of the base year pursuant to this section, remit to the Controller the total amount of increased aid to schools received from the state as a result of the adjustment in the base year as determined by the Department of Finance in consultation with the governing board. (Added by renumbering Section 33320.51 by Stats. 2011, Ch. 382, Sec. 10. (SB 194) Effective January 1, 2012.)
  91. 33492.5.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    This section lets certain redevelopment agencies adopt a project area after a military base closure, if the location and closure 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.5. (a) In any community in which a military base is located, the Base Closure Commission has voted to close that military base, and the action of the Base Closure Commission has been sustained by the President and Congress of the United States, a project area may be adopted pursuant to the following requirements: (1) If the project area is located entirely within the boundaries of a city, or city and county, then the redevelopment agency of the city, or city and county, may adopt the redevelopment project area pursuant to this part as modified by this chapter. (2) If the project area is located entirely within the unincorporated area of a single county, then the county redevelopment agency may adopt the redevelopment project area pursuant to this part as modified by this chapter. (3) If the project area includes property within the jurisdictions of two or more cities, or two or more counties, or a city and a county, or any combination of the foregoing, then all of the cities and counties the jurisdictions of which include property within the boundaries of the military base and any other territory to be included within the redevelopment project area may enter into a joint powers agreement, an agreement entered into pursuant to Section 33210, or other appropriate agreement for the purpose of creating a redevelopment agency and adopting a project area pursuant to this part as modified by this chapter. (b) A redevelopment agency to which this chapter is applicable may adopt a project area either pursuant to this chapter or pursuant to other relevant provisions of this part. (Amended by Stats. 1997, Ch. 898, Sec. 2. Effective January 1, 1998.)
  92. 33492.7.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

    Verify source ↗

    For redevelopment project areas adopted under this chapter, one specified rule does not apply to military-base territory, and Section 33492.11 may be used instead of Section 33031.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.7. (a) Paragraph (11) of subdivision (d) of Section 33367 shall not apply to the territory within the military base for any redevelopment project area adopted pursuant to this chapter. (b) For any project area adopted pursuant to this chapter, Section 33492.11 may be used in lieu of Section 33031. (Added by Stats. 1993, Ch. 944, Sec. 4. Effective October 8, 1993.)
  93. 33492.70.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

    Verify source ↗

    This section governs redevelopment project areas in Fort Ord and lets the Fort Ord Reuse Authority board create the Redevelopment Agency of Fort Ord and project areas, subject to 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.70. (a) (1) This article shall govern the establishment and operation of all redevelopment project areas created within the area previously known as Fort Ord. (2) It is the intent of the Legislature that the redevelopment of the territory of Fort Ord be conducted jointly, in part by redevelopment project areas established by cities and the county with jurisdiction over parts of the territory of what was previously known as Fort Ord, and in part by the Fort Ord Reuse Authority. It is further the intent of the Legislature that this joint redevelopment include the sharing of tax increment revenues pursuant to this article. The joint division of tax increment will enable the local redevelopment agencies to finance redevelopment activities which primarily affect their own jurisdictions, and the authority will have a revenue source to assist in financing redevelopment of facilities of basewide significance. (b) The board of the Fort Ord Reuse Authority, as established by Title 7.85 (commencing with Section 67650) of the Government Code, may, by ordinance, establish in the area of Fort Ord a public body, corporate and politic, known as the Redevelopment Agency of Fort Ord. This agency may transact business and exercise its powers as a redevelopment agency upon the effective date of the establishing ordinance. The provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24), as modified by Chapter 4.5 (commencing with Section 33492) thereof, shall apply to the Redevelopment Agency of Fort Ord, and this agency shall have all powers of a redevelopment agency as provided in this part. (c) In addition to the powers of an agency, the Redevelopment Agency of Fort Ord shall also act as the legislative body and the planning commission for all approvals and actions required and authorized by this part for the adoption and implementation of a redevelopment plan. However, subject to the consistency and appeal provision of Title 7.85 (commencing with Section 67650) of the Government Code and other applicable provisions of state law, all planning, zoning, and permitting decisions with regard to the land within the project area shall continue to be under the control and jurisdiction of each of the respective local legislative bodies, as applicable. (d) For purposes of this article, “board” means the governing board of the Fort Ord Reuse Authority, as defined in Title 7.85 (commencing with Section 67650) of the Government Code. “Legislative body,” as used elsewhere in this part, shall, for the purposes of this article when relating to the Redevelopment Agency of Fort Ord, also refer to the governing board of the Fort Ord Reuse Authority. (e) The board may create a project area to include all or a portion or portions of the area of Ford Ord, except that the board shall not create a project area which overlays any territory included within a project area established by the redevelopment agency of a city or the county. (f) A city or county redevelopment agency may establish a project area which includes any or all of the territory within the jurisdiction of the city or county which is also within the territory of Fort Ord, but only pursuant to the provisions of this section. (Added by Stats. 1994, Ch. 1169, Sec. 7. Effective January 1, 1995.)
  94. 33492.71.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

    Verify source ↗

    This section requires the redevelopment agency to make specified tax-increment payments and related reductions, and requires the authority to keep, report on, and audit a separate fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.71. (a) This section shall apply to each redevelopment project area created pursuant to this article with a redevelopment plan that contains the provisions required by Section 33670. All amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, 33334.6, and 33492.76, and the amounts required to be paid by school and community college districts pursuant to Section 33492.78 have been deducted from the local tax increment funds received by the agency in the applicable fiscal year. (b) The payments made pursuant to this section shall be in addition to any amounts the affected taxing entities receive pursuant to subdivision (a) of Section 33670. The agency shall reduce its payments pursuant to this section to the authority or an affected taxing entity by any amount the agency has paid, directly or indirectly, pursuant to Section 33445 and with the agreement of the authority or the affected taxing entity, or pursuant to any other provision of law other than this section for, or in connection with a public facility owned or leased by the authority or that affected taxing entity and with the agreement of the authority or that affected taxing entity. (c) Commencing in the first fiscal year in which a redevelopment agency receives tax-increment revenue from a project area created pursuant to this article, the agency shall pay the following amounts to the following entities, and the agency shall not be obligated to pay any additional sums to any taxing entities pursuant to Section 33607.5 and subdivision (b) of Section 33676: (1) (A) Thirty-five percent of the tax-increment revenue received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6, as modified by Section 33492.76, has been deducted each fiscal year shall be paid to the authority to finance in whole or in part, its responsibilities in providing for the reuse of Fort Ord. (B) Thirty-five percent of the tax-increment revenue received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 of, as modified by Section 33492.76, has been deducted each fiscal year shall be paid to or retained by the redevelopment agency of the city or county in which the project area is located, to finance, in whole or in part, its responsibilities in providing for the reuse of Fort Ord. (C) Of the amount referenced in subparagraph (B), each city may elect to receive from its agency, and the agency shall pay, an amount not to exceed 25 percent of the tax-increment revenue generated from a project area established pursuant to this article, to alleviate the financial burden and detriment incurred as a result of the adoption of the redevelopment plan in each year until the sixth fiscal year after the year in which the agency is first allocated one hundred thousand dollars ($100,000) or more in tax-increment revenues. (D) Upon dissolution of the authority, the amount allocated pursuant to this section shall continue to be paid to the accounts of the authority insofar as needed to pay principal and interest or other amounts on debt that was incurred by the authority. Funds that would be allocated pursuant to this section that exceed the amounts necessary to pay debt service on authority debt shall be divided as follows: 54 percent shall be allocated to the city or county redevelopment agency that establishes the project area; 38 percent shall be allocated to the county; and 8 percent shall be allocated to other affected taxing entities. (2) Twenty-five percent of the tax-increment revenue received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6, as modified by Section 33492.76, has been deducted each fiscal year shall be paid to the county to alleviate the financial burden and detriment to the county incurred because of the establishment of the project area. (3) Not to exceed 5 percent of the tax-increment revenue received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6, as modified by Section 33492.76, has been deducted each fiscal year shall be paid to other affected taxing entities as defined in Section 33492.27, but excluding the entities specified in paragraphs (1) and (2), and excluding school and community college districts, in order to alleviate the financial burden and detriment incurred by those affected taxing entities because of the establishment of the project area. If the total payments made pursuant to this paragraph are less than 5 percent of the tax increment revenue received by the agency pursuant to this article, the remaining portion of the revenue available as a result of this paragraph shall be allocated as follows: 37 percent to the agency, 37 percent to the authority, and 26 percent to the county. (d) Notwithstanding subdivision (c), through and including the second fiscal year after the certification date established pursuant to Section 33492.9, the amount of tax increment revenue the redevelopment agencies of the Cities of Marina and Seaside or the County of Monterey are required to pay to other entities as prescribed in paragraph (1) shall be modified as follows: (1) For each of those fiscal years, the board shall determine an amount equal to 100 percent of the revenue payable to the city or county establishing the project area from all ad valorem property taxes, including allocations of property tax increment revenues pursuant to subdivision (c), sales taxes, utility users taxes, business license taxes, real property transfer taxes, franchise taxes, transient occupancy taxes, and payments received as a result of vehicle and trailer coach registration, and cigarette and gasoline taxes except for payments received as a result of vehicle registrations because of military personnel occupying Fort Ord, attributable to the property, population, and economic activity that is within the jurisdiction of each local entity that has established a redevelopment project area pursuant to this subdivision and is also within the area of Fort Ord. (2) If the amount determined pursuant to paragraph (1) for a fiscal year is less than four hundred thousand dollars ($400,000), the redevelopment agency of the local entity that established the project area shall retain tax-increment revenue received because of the project area so that the sum of the retained tax-increment revenue, exclusive of required deposits to the Low and Moderate Income Housing Fund and the amount of revenue determined pursuant to paragraph (1), equals four hundred thousand dollars ($400,000), but in no event exceeding 100 percent of the tax-increment revenue received for the project area for that fiscal year. Any tax-increment revenue received by the redevelopment agency that established the project area which exceeds the amount necessary to bring the total of the amount calculated pursuant to paragraph (1), plus the tax increment retained by the agency pursuant to this subdivision to four hundred thousand dollars ($400,000) shall be distributed pursuant to subdivision (c). (e) The board may increase or decrease the qualified minimum level of increment funding set in paragraph (2) of subdivision (d) above four hundred thousand dollars ($400,000), if the board determines, based on substantial evidence, that the costs of providing police and fire protection services to the area of Fort Ord within the local agency’s redevelopment agency’s project area exceed or are less than this amount. In the event that any city which does not now have jurisdiction over territory within the area of Fort Ord subsequently annexes territory within the area of Fort Ord, the board may provide for a qualified minimum level of increment funding at a level that it determines, based on substantial evidence as to the cost of providing police and fire protection services to the area of Fort Ord within the local agency’s redevelopment agency’s project area is appropriate for a period not to exceed three years, but is under no obligation to do so. (f) Because this article provides for an allocation of tax-increment revenue arising from the redevelopment of the area of Fort Ord among the affected taxing entities for the purpose of alleviating any financial burden or detriment that is caused by the redevelopment plan, the consultations with the affected taxing entities shall not include the payment of supplemental moneys, but may only include the discussion of possible modifications in the redevelopment plan, including, but not limited to, the timing of projects, selection of projects, scope of projects, and the type of financing that is being considered for the projects. (g) (1) All moneys received by the authority from a redevelopment agency shall be deposited in a separate fund from all other moneys of the authority. (2) The authority shall annually report on the total amount of moneys deposited into the fund during the year; the specific project and programs which were financed with the moneys, including amounts expended per project and program; and the beginning and ending balance of the fund. (3) The moneys in the fund shall be exclusively expended for the purpose of financing the development and redevelopment of basewide facilities as identified in the basewide public capital facilities plan adopted pursuant to Section 67675 of the Government Code. (4) The authority shall have an independent financial audit annually prepared on the fund in accordance with generally accepted auditing standards and rules of governing auditing reports promulgated by the California Board of Accountancy. (h) Notwithstanding any other provision of law, no tax increment moneys, including moneys paid from a redevelopment agency to Fort Ord Reuse Authority or any affected taxing entity, shall finance the development or redevelopment of buildings owned or operated by the California State University or the University of California. (Amended by Stats. 2000, Ch. 1055, Sec. 42. Effective September 30, 2000.)
  95. 33492.72.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

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    This section lets the redevelopment agency or board subordinate certain payments before taking on new debt, but only with approval and supporting evidence.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.72. (a) Prior to incurring any loans, or other indebtedness, except loans or advances from the local agency or the authority, the agency which established the redevelopment project area, or the board, may subordinate to the loans or other indebtedness the amounts required to be paid to all other local agencies pursuant to this section, provided that the agency or the board has approved these subordinations pursuant to this subdivision. (b) At the time the agency or the board requests any other entity receiving tax-increment revenues pursuant to this section to subordinate the amount to be paid to it, the agency or the board seeking permission for subordination, shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due. (c) Within 45 days after receipt of the agency’s or the board’s request, the entities receiving tax-increment revenues pursuant to this section shall approve or disapprove the request for subordination. An entity other than the redevelopment agency or the board may disapprove a request for subordination only if it finds, based upon substantial evidence, that after the agency or the board pays the debt payments, the agency will not have sufficient funds to pay the amounts required to be paid to other entities pursuant to this section. The agency or the board may also disapprove a request for subordination if it finds that subordination would interfere with its ability to issue debt as needed to carry out its responsibilities. If an entity, the agency, or the board does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive. (Added by Stats. 1994, Ch. 1169, Sec. 7. Effective January 1, 1995.)
  96. 33492.73.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

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    Redevelopment or implementation plans for a project area take effect only after the board certifies that they are consistent with the Fort Ord Reuse 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.73. Any redevelopment or implementation plan prepared in conjunction with establishment or operation of a project area, and any subsequent amendment, update, or other modification of that plan or those plans, shall take effect only upon certification by the board of the consistency of that plan or those plans with the Fort Ord Reuse Plan in the same manner as for the local agency’s general plan pursuant to Chapter 4 (commencing with Section 67675) of Title 7.85 of the Government Code. (Added by Stats. 1994, Ch. 1169, Sec. 7. Effective January 1, 1995.)
  97. 33492.74.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

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    This section defines when a military base area may count as a blighted area and bars redevelopment agencies from taking responsibility for federal hazardous-waste sites.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.74. (a) For purposes of this article, a blighted area may be a military base in which the combination of two or more of the conditions set forth in subdivision (b) or (c) of this section are so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (b) This subdivision, for purposes of this article, describes physical conditions that cause blight. (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate infrastructure, or other similar factors. (2) Factors that prevent or substantially hinder the economically viable reuse or capacity of buildings or areas. This condition can be caused by a substandard design; buildings that are too large or too small given present standards and market conditions; and age, obsolescence, deterioration, dilapidation, or other physical conditions that could prevent the highest and best uses of the property. This condition can also be caused by buildings that will have to be demolished or buildings or areas that have a lack of parking. (3) Adjacent or nearby uses that are incompatible with each other and that prevent the economic development of those parcels or other portions of the project area. (4) Buildings on land that, when subdivided or when infrastructure is installed, will not comply with normal subdivision, zoning, or planning regulations. (c) This subdivision, for purposes of this article, describes economic conditions that cause blight: (1) Land that contains materials, including, but not necessarily limited to, materials for airport runways that will have to be removed to allow development. (2) Properties that contain hazardous wastes that may benefit from the use of agency authority as specified in Article 12.5 (commencing with Section 33459) of Chapter 4 in order to be developed by either the private or public sector or in order to comply with applicable federal or state standards. Notwithstanding any other provision of law, all redevelopment agencies with authority under this act are specifically prohibited from accepting responsibility for, or using agency authority on behalf of, hazardous waste sites that are the responsibility of the federal government. (d) For purposes of this article, a blighted area also may be one that contains one or more of the conditions described in subdivision (c) and is, in addition, characterized by the existence of inadequate public improvements, public facilities, and utilities, where these conditions are so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that it constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (Added by Stats. 1994, Ch. 1169, Sec. 7. Effective January 1, 1995.)
  98. 33492.75.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

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    For Fort Ord redevelopment project areas, the section changes what reports and plan calculations must include and excludes one limitation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.75. (a) For purposes of adoption of a project area, the preliminary report prepared pursuant to Section 33344.5 is not required to contain the material identified in paragraphs (2), (3), and (4) of subdivision (c) of Section 33344.5. (b) For purposes of adoption of a project area, the report prepared pursuant to Section 33352 shall be modified to require that the blight conditions specified in Section 33492.74 exist. (c) A redevelopment plan adopted for a project area shall contain the limitations set forth in Section 33492.13, and shall not be subject to the limitations set forth in Section 33333.2. (d) For purposes of redevelopment project areas within the area of Fort Ord, calculation of the amount determined pursuant to subdivision (a) of Section 33670 shall be based on the assessment roll used in connection with property within the project area last equalized prior to the date on which the board of the Fort Ord Reuse Authority adopts a Fort Ord Reuse Plan pursuant to Section 67675 of the Government Code, which shall be deemed to be a redevelopment plan for the area of the base, or the effective date of the ordinance approving a redevelopment plan for a specific project area within the area of Fort Ord, whichever occurs first for any project area. (Added by Stats. 1994, Ch. 1169, Sec. 7. Effective January 1, 1995.)
  99. 33492.76.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

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    A redevelopment agency may waive certain housing-fund allocation requirements, but only if it first makes a substantial-evidence finding that the relevant rental vacancy rate is above 6 percent. The agency is also exempt from replacing certain military barracks at Fort Ord.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.76. (a) (1) Notwithstanding Section 33334.2 or any other provision of law, a redevelopment agency established or governed pursuant to this article may: (A) Annually waive the requirement to allocate 20 percent of the total annual tax increment revenue from any project area established pursuant to this article to the Low- and Moderate-Income Housing Fund for a period of up to five years after the date on which the county auditor makes the certification pursuant to Section 33492.9. (B) Annually waive the requirement to allocate half of the 20 percent of the total annual tax increment revenue to the Low- and Moderate-Income Housing Fund for a period of five years after the fifth year after the date on which the county auditor makes the certification pursuant to Section 33492.9. (2) The agency may not waive its allocation in any year unless it first adopts a finding, based on substantial evidence, that the vacancy rate for rental housing affordable to lower income households is greater than 6 percent. (b) Notwithstanding Section 33413, the redevelopment agency shall not be required to replace removed or demolished military barracks, which are located, as of January 1, 1995, within the boundaries of Fort Ord. (Amended by Stats. 1995, Ch. 45, Sec. 1. Effective January 1, 1996.)
  100. 33492.78.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. )

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    A redevelopment agency must make specified payments to affected school and community college districts, with different payment formulas starting in the first, 11th, and 31st fiscal years after it begins receiving tax increments.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 4. Redevelopment Agency of Fort Ord [33492.70 - 33492.78] ( Article 4 added by Stats. 1994, Ch. 1169, Sec. 7. ) ## 33492.78. (a) Section 33607.5 does not apply to an agency created pursuant to this article. For purposes of Sections 42238.02, 84750.4, 84750.5, and 84751 of the Education Code, funds allocated pursuant to this section shall be treated as if they were allocated pursuant to Section 33607.5. (1) This section applies to each redevelopment project area created pursuant to a redevelopment plan that contains the provisions required by Section 33670 and is created pursuant to this article. All the amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6, as modified by Section 33492.76, has been deducted from the total amount of tax-increment funds received by the agency in the applicable fiscal year. (2) The payments made pursuant to this section are in addition to any amounts the school district or districts and community college district or districts receive pursuant to subdivision (a) of Section 33670. The agency shall reduce its payments pursuant to this section to an affected school or community college district by any amount the agency has paid, directly or indirectly, pursuant to Section 33445, 33445.5, or 33446, or any provision of law other than this section for, or in connection with, a public facility owned or leased by that affected school or community college district. (3) (A) Of the total amount paid each year pursuant to this section to school districts, 43.9 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (j) of Section 42238.02 of the Education Code, and 56.1 percent shall not be considered to be property taxes for the purposes of that section, and shall be available to be used for educational facilities. (B) Of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for the purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for the purposes of that section, and shall be available to be used for educational facilities. (C) Of the total amount paid each year pursuant to this section to county offices of education, 19 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (c) of Section 2575 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section, and shall be available to be used for educational facilities. (D) Of the total amount paid each year pursuant to this section to special education, 19 percent shall be considered to be property taxes for the purposes of paragraph (1) of subdivision (j) of Section 42238.02 of the Education Code, and 81 percent shall not be considered to be property taxes for the purposes of that section, and shall be available to be used for educational facilities. (4) Local educational agencies that use funds received pursuant to this section for educational facilities shall spend these funds at schools that are any one of the following: (A) Within the project area. (B) Attended by students from the project area. (C) Attended by students generated by projects that are assisted directly by the redevelopment agency. (D) Determined by a local educational agency to be of benefit to the project area. (b) Commencing with the first fiscal year in which the agency receives tax increments, and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency created pursuant to this article shall pay to each affected school and community college district an amount equal to the product of 25 percent times the percentage share of total property taxes collected that are allocated to each affected school or community college district, including any amount allocated to each district pursuant to Sections 97.03 and 97.035 of the Revenue and Taxation Code times the total of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. (c) Commencing with the 11th fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency created pursuant to this article shall pay to each affected school and community college district, in addition to the amounts paid pursuant to subdivision (b), an amount equal to the product of 21 percent times the percentage share of total property taxes collected that are allocated to each affected school or community college district, including any amount allocated to each district pursuant to Sections 97.03 and 97.035 of the Revenue and Taxation Code times the total of the first adjusted tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. The first adjusted tax increments received by the agency shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the first adjusted base year assessed value. The first adjusted base year assessed value is the assessed value of the project area in the 10th fiscal year in which the agency receives tax increment. (d) Commencing with the 31st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected school and community college districts, in addition to the amounts paid pursuant to subdivisions (b) and (c), an amount equal to 14 percent times the percentage share of total property taxes collected that are allocated to each affected school or community college district, including any amount allocated to each district pursuant to Sections 97.03 and 97.035 of the Revenue and Taxation Code times the total of the second adjusted tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. The second adjusted tax increments received by the agency shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments. (e) (1) The Legislature finds and declares both of the following: (A) The payments made pursuant to this section are necessary in order to alleviate the financial burden and detriment that affected school and community college districts may incur as a result of the adoption of a redevelopment plan, and payments made pursuant to this section will benefit redevelopment project areas. (B) The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected school and community college districts during the term of a redevelopment plan. (2) Notwithstanding any other law, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected school or community college districts, or to pay for public facilities that will be owned or leased to an affected school or community college district. (f) As used in this section, a “local educational agency” includes a school district, a community college district, or a county office of education. (Amended by Stats. 2018, Ch. 33, Sec. 61. (AB 1809) Effective June 27, 2018.)
  101. 33492.80.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

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    The Legislature states that this article is meant to help mitigate economic and social degradation in communities affected by the realignment of March Air Force Base.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.80. For purposes of this article, it is the intent of the Legislature to provide a means of mitigating the economic and social degradation facing communities impacted by the realignment of March Air Force Base. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  102. 33492.81.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

    Verify source ↗

    The March Joint Powers Authority may establish the March Joint Powers Redevelopment Agency, and that agency must serve as the legislative body and planning commission for redevelopment-plan approvals and actions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.81. (a) The March Joint Powers Authority, a public entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, and composed of the Cities of Moreno Valley, Perris, and Riverside and the County of Riverside, is hereby authorized to establish the March Joint Powers Redevelopment Agency, with all of the powers, authority, and duties granted to it under this part, as a public body, corporate and politic, for the exclusive purpose of establishing the March Air Force Base Redevelopment Project Area pursuant to this article. (b) The March Joint Powers Redevelopment Agency shall act as the legislative body and planning commission for all approvals and actions required or authorized for the adoption and implementation of a redevelopment plan. However, all land use planning and development decisions with regard to the land within the project area shall continue to be under the control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  103. 33492.82.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

    Verify source ↗

    This section defines when an area is a “blighted area” for this article, including special rules for areas inside and outside March Air Force Base 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.82. (a) For purposes of this article, a blighted area within the boundaries of March Air Force Base, as those boundaries exist on January 1, 1995, is either one of the following: (1) An area in which the combination of two or more of the conditions set forth in subdivision (a) or (b) of Section 33492.83 is so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (2) An area that contains one or more of the conditions described in subdivision (b) of Section 33492.83, the effect of which is so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise, or governmental action, or both, without redevelopment, and is, in addition, characterized by the existence of inadequate public improvements, public facilities, and utilities that cannot be remedied by private or governmental action without redevelopment. (b) For the purposes of this article, a blighted area outside the boundaries of March Air Force Base, as those boundaries exist on January 1, 1995, shall be an area that meets the requirements of Section 33030. (Amended by Stats. 1995, Ch. 91, Sec. 75. Effective January 1, 1996.)
  104. 33492.83.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

    Verify source ↗

    This section lists physical and economic conditions that can count as blight and says the March Joint Powers Redevelopment Agency may not take responsibility for or use its authority on hazardous waste sites that are the federal government's responsibility.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.83. (a) This subdivision, for purposes of this article, describes physical conditions that cause blight. (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate infrastructure, or other similar factors. (2) Factors that prevent or substantially hinder the economically viable reuse or capacity of buildings or areas. This condition can be caused by a substandard design; buildings that are too large or too small given present standards and market conditions; and age, obsolescence, deterioration, dilapidation, or other physical conditions that could prevent the highest and best uses of the property. This condition can also be caused by buildings that will have to be demolished or buildings or areas that have a lack of parking. (3) Adjacent or nearby uses that are incompatible with each other and that prevent the economic development of those parcels or other portions of the project area. (4) Buildings on land that, when subdivided or when infrastructure is installed, will not comply with normal subdivision, zoning, or planning regulations. (b) This subdivision, for purposes of this article, describes economic conditions that cause blight: (1) Land that contains materials or facilities, including, but not necessarily limited to, materials for airport runways that will have to be removed to allow development. (2) Properties that contain hazardous wastes that may benefit from the use of agency authority as specified in Article 12.5 (commencing with Section 33459) of Chapter 4 in order to be developed by either the private or public sector or in order to comply with applicable federal or state standards. Notwithstanding any other provision of law, the March Joint Powers Redevelopment Agency is specifically prohibited from accepting responsibility for, or using agency authority on behalf of, hazardous waste sites that are the responsibility of the federal government. (c) Pursuant to Section 33321, a project area need not be restricted to buildings, improvements, or lands which are not detrimental or inimical to the public health, safety, or welfare, but may consist of an area in which these 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 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 the area pursuant to Section 33670 without other substantial justification for its inclusion. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  105. 33492.84.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

    Verify source ↗

    This section says that, for this article, “redevelopment agency” and “agency” mean the March Joint Powers Redevelopment Agency, and that agency is authorized to carry out the redevelopment activities covered by 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.84. For purposes of this article, the terms “redevelopment agency” and “agency” refer to the March Joint Powers Redevelopment Agency, which is hereby authorized to engage in the redevelopment activities included in and referenced by this article. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  106. 33492.85.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

    Verify source ↗

    This section requires certain March Air Force Base redevelopment plans to include time limits, and it limits what the agency may do after those limits expire.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.85. (a) A redevelopment plan for March Air Force Base, adopted pursuant to this chapter and containing the provisions set forth in Section 33670, shall contain all of the following limitations: (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 date the county auditor certifies pursuant to Section 33492.9, except by amendment of the redevelopment plan as authorized by subparagraph (B). The loans, advances, or indebtedness may be repaid over a period of time longer than the 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. (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) substantial blight remains within the project area; (ii) this blight cannot be eliminated without the establishment of additional debt; and (iii) the elimination of blight cannot reasonably be accomplished by private enterprise acting alone or by the legislative body’s use of financing alternatives other than tax increment financing. However, this amended time limitation may not exceed 30 years from the date the county auditor certifies pursuant to Section 33492.9. (2) A time limit, not to exceed 30 years from the date the county auditor certifies pursuant to Section 33492.9, 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 enforce existing covenants or contracts. (3) A time limit, not to exceed 45 years from the date the county auditor certifies pursuant to Section 33492.9, 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. (b) (1) A redevelopment plan, adopted pursuant to this chapter, that does not contain the provisions set forth in Section 33670 shall contain the limitations in paragraph (2). (2) A time limit, not to exceed 12 years from the date the county auditor certifies pursuant to Section 33492.9, 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. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  107. 33492.86.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

    Verify source ↗

    This section sets special rules for the March Air Force Base redevelopment area, including payment duties, acreage limits, and what territory the project area may include.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.86. (a) This section shall apply to a redevelopment project area the territory of which includes March Air Force Base, that is adopted pursuant to a redevelopment plan that contains the provisions required by Section 33670, and that is adopted pursuant to this chapter. The redevelopment agency shall make the payments to affected school districts and community college districts required by subdivision (a) of Section 33607.5, except that each of the time periods governing the payments shall be calculated from the date the county auditor makes the certification to the Director of Finance pursuant to Section 33492.9 instead of from the first fiscal year in which the agency receives tax-increment revenue. (b) (1) Pursuant to Section 33492.3, the March Air Force Base Project Area adopted pursuant to this article may include all, or any portion of, property within the military base that the federal Base Closure and Realignment Commission has voted to realign when that action has been sustained by the President and the Congress of the United States, regardless of the percentage of urbanized land, as defined in Section 33320.1, within the military base. (2) (A) Pursuant to Section 33492.3, the March Air Force Base Project Area may include territory outside the military base. The project area shall be entirely contained within a one-mile perimeter of the boundaries of March Air Force Base, as those boundaries exist on January 1, 1995. At no time shall the aggregate acreage of the project area outside the boundaries of March Air Force Base, as those boundaries exist on January 1, 1995, exceed 2 percent of the total acreage contained within that one-mile perimeter, and these areas may only be included in the project area upon a finding of benefit to the March Air Force Base Project Area and with the concurrence of the legislative bodies of the County of Riverside, the City of Moreno Valley, the City of Perris, and the City of Riverside. (B) The agency for the March Air Force Base Project Area may, with the concurrence of the relevant legislative body pursuant to subparagraph (B), pay for all or a part of the value of land and the cost of the installation and construction of any structure or facility or other improvement that is publicly owned outside the jurisdiction of the agency, if the legislative body of the agency determines all of the following: (i) That the structure, facility, or other improvement is of benefit to the project area. (ii) That no other reasonable means of financing the facilities, structures, or improvements are available to the community. (iii) That the payment of funds for the acquisition of land or the cost of facilities, structures, or other improvements will assist in the elimination of one or more blight conditions, as identified pursuant to Section 33492.83, inside the project area, or provide housing for low- or moderate-income persons. (C) Concurrence of the relevant legislative body shall be demonstrated by the adoption of an ordinance by the community where the structure, facility, or other improvement is to be located that authorizes the redevelopment of the area within its territorial limits by the redevelopment agency for the March Air Force Base Project Area. (D) All projects authorized by this subdivision shall be within communities that are contiguous to the March Air Force Base Project Area. (c) Notwithstanding subdivision (a) of Section 33492.15 or any other provision of law, the March Joint Powers Redevelopment Agency shall not be obligated to make any payments required by subdivision (a) of Section 33492.15 to the County of Riverside, the County Free Library Fund, and the County Fire Fund. Instead, the March Joint Powers Redevelopment Agency shall be required to make those payments required under the Cooperative Agreement entered into among the County of Riverside, the March Joint Powers Authority, and the March Joint Powers Redevelopment Agency dated August 20, 1996, as that agreement may be amended from time to time. (Amended by Stats. 2006, Ch. 538, Sec. 395. Effective January 1, 2007.)
  108. 33492.87.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

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    The agency may defer some housing-fund allocations for up to 5 years, but only if it first makes a substantial-evidence finding that the relevant vacancy rate is over 4%. Deferred amounts become agency indebtedness and must be repaid by the end of the 10th fiscal year; otherwise the county auditor or controller must withhold and deposit funds. The agency also does not have to replace certain housing at March Air Force Base.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.87. (a) (1) Notwithstanding Section 33334.2 or any other provision of law, the agency established or governed pursuant to this article may annually defer the requirement to allocate 20 percent of tax-increment revenue to the Low and Moderate Income Housing Fund for a period of up to 5 years after the date on which the county auditor makes the certification pursuant to Section 33492.9. (2) The agency shall not defer its allocation in any year unless it first adopts a finding based on substantial evidence that the vacancy rate for rental housing affordable to lower income households within the jurisdiction of the members of the agency is greater than 4 percent. (3) The amount of the deferral, if any, shall be considered an indebtedness of the agency and shall be paid into the Low and Moderate Income Housing Fund no later than the end of the 10th fiscal year after the date on which the county auditor makes the certification pursuant to Section 33492.9. If the indebtedness is not eliminated by the end of the 10th fiscal year, the county auditor or controller shall, no later than March 15 of the 11th year, withhold an amount equal to the indebtedness and deposit those funds into a separate Low and Moderate Income Housing Fund for use by the redevelopment agency to meet its affordable housing requirements pursuant to this part. (b) The agency shall not be required to replace barracks or dormitory-style housing or Arnold Heights housing that is adaptively reused, demolished, or removed within the boundaries of March Air Force Base. (Amended by Stats. 1996, Ch. 221, Sec. 16. Effective July 22, 1996.)
  109. 33492.88.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

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    A redevelopment agency may use available funds for project-related credit enhancements, and before assisting a development it must find after a public hearing that the assistance is necessary and cannot be obtained on economically feasible private-sector 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.88. Notwithstanding any other provision of law, as part of an agreement that provides for the development, rehabilitation, or improvement of buildings, structures, or facilities within the project area, the redevelopment agency may use any available funds, including moneys received pursuant to Section 33670, to provide credit enhancements, including, but not limited to, the ability to buy down interest rates, that are necessary for the project. Prior to entering into an agreement for a development that would be assisted pursuant to this section, the agency shall find, after a public hearing, that the assistance is necessary for the economic feasibility of the development and that the assistance cannot be obtained on economically feasible terms in the private sector. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  110. 33492.89.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. )

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    The March Joint Powers Redevelopment Agency may not spend allocated tax-increment funds for project expenses until the City of Perris adopts a qualifying housing element.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 5. March Joint Powers Redevelopment Agency [33492.80 - 33492.89] ( Article 5 added by Stats. 1994, Ch. 1170, Sec. 2. ) ## 33492.89. Notwithstanding any other provision of law, the March Joint Powers Redevelopment Agency shall not expend any tax-increment funds allocated to it for expenses related to carrying out the project until and unless the City of Perris adopts a housing element, pursuant to Section 65585 of the Government Code, 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. (Added by Stats. 1994, Ch. 1170, Sec. 2. Effective January 1, 1995.)
  111. 33492.9.

    ## 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. )

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    In certain redevelopment-county cases, the county auditor must certify to the Director of Finance the date of the last day of the first fiscal year when tax increment funds paid to the redevelopment agency reach at least $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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 1. General Provisions [33492 - 33492.29] ( Article 1 added by Stats. 1993, Ch. 944, Sec. 4. ) ## 33492.9. Notwithstanding any other provision of law, in each county in which a redevelopment agency is formed, or a redevelopment plan is adopted, pursuant to this chapter, the county auditor shall certify to the Director of Finance the date of the final day of the first fiscal year in which one hundred thousand dollars ($100,000) or more of tax increment funds from the redevelopment project area adopted pursuant to this chapter are paid to the redevelopment agency pursuant to subdivision (d) of Section 33675. (Added by Stats. 1993, Ch. 944, Sec. 4. Effective October 8, 1993.)
  112. 33492.90.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. )

    Verify source ↗

    The Legislature states that this article is meant to help the City of Vallejo plan and carry out reuse and redevelopment of Mare Island and nearby 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. ) ## 33492.90. With the enactment of this article, it is the intent of the Legislature to provide for precise and specific means to mitigate the very serious economic effects of the closure of the Mare Island Naval Shipyard on the City of Vallejo and surrounding communities by enabling the City of Vallejo to facilitate the planning and implementation of the reuse and redevelopment of the lands comprising Mare Island Naval Shipyard and surrounding areas, in accordance with the city’s land use plans and facilities financing plans, through the redevelopment process and prior to the disposition of lands by the federal government to public entities and private parties. (Added by Stats. 1994, Ch. 1168, Sec. 2. Effective January 1, 1995.)
  113. 33492.91.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. )

    Verify source ↗

    This section relaxes certain reporting and plan-content requirements for the Mare Island Redevelopment Project Area, but bars the redevelopment agency from spending project-area tax increment funds for project expenses until the City of Vallejo finds the plan conforms to the city’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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. ) ## 33492.91. (a) (1) The redevelopment plan for the Mare Island Redevelopment Project Area need not include either of the following: (A) The information required pursuant to subdivision (d) of Section 33324 relative to the contents of the preliminary plan. (B) The finding required pursuant to paragraph (4) of subdivision (d) of Section 33367 relative to the conformity of the redevelopment plan to the community’s general plan. (2) The redevelopment agency shall not expend any tax increment funds allocated to it from the project area for expenses related to carrying out the project unless and until the City of Vallejo finds that the redevelopment plan conforms to the general plan of the city, including the housing element thereof. (b) Notwithstanding Section 33328, the report required by that section need only be as complete as the information then available will permit. (c) Notwithstanding Section 33344.5, the preliminary report required by that section need only be as complete as the information then available will permit and need not contain the information required by subdivision (c) of Section 33344.5. (d) The report submitted by the redevelopment agency to the legislative body pursuant to Section 33352, need not contain the items listed in subdivisions (b), (c), (d), (h), (j), (k), ( l), and (m) of Section 33352, as modified by subdivision (b) of this section, and the ordinance adopted by the legislative body pursuant to Section 33367 need not contain the items listed in paragraphs (4) and (12) of subdivision (d) of Section 33367. (Added by Stats. 1994, Ch. 1168, Sec. 2. Effective January 1, 1995.)
  114. 33492.92.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. )

    Verify source ↗

    If the section applies to a redevelopment project area including Mare Island Naval Shipyard, the redevelopment agency must make payments to affected taxing entities.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. ) ## 33492.92. (a) This section shall apply to a redevelopment project area that is adopted pursuant to this article and the territory of which includes the Mare Island Naval Shipyard. (b) Notwithstanding any other provision of law, the redevelopment agency shall make payments to affected taxing entities required by subdivision (a) of Section 33607.5, except that each of the time periods governing the payments shall be calculated from the date the county auditor makes the certification to the Director of Finance pursuant to Section 33492.9 instead of from the first fiscal year in which the agency receives tax-increment revenue. (Added by Stats. 1994, Ch. 1168, Sec. 2. Effective January 1, 1995.)
  115. 33492.93.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. )

    Verify source ↗

    The Mare Island Redevelopment Project Area includes all of Mare Island except specified excluded 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. ) ## 33492.93. (a) The territory of the Mare Island Redevelopment Project Area shall include all of Mare Island except for the following areas: (1) All wetlands and dredge ponds, active or inactive. (2) Subarea 12. (3) The expanded golf course (Subarea 11). (4) The recreation/open-space area (Subarea 13). (5) The residential areas of Farragut and Coral Sea Villages (Subareas 6 and 8). (b) As used in this section: (1) “Subarea 6” means an area bounded on the east by Cedar Avenue and Oak Avenue; on the south by the Rifle Range (Area 7), and the Building 866 parking area; on the north by Third Street; and on the west by the wetlands. (2) “Subarea 8” means an area bounded on the south by Club Drive; on the east by Suisun Avenue; and on the north and west by Mesa Road. (3) “Subarea 11” means an area bounded on the west, east, and south by Regional Park; and on the north by Coral Sea Village, Young Drive, and Recreation Wall. (4) “Subarea 12” means an area bounded on the south by Carquinez Strait; on the west by the wetlands and the dredge ponds; on the east by Mare Island Strait and Railroad Avenue; and on the north by the golf course, Young Drive, and Recreation Wall. (5) “Subarea 13” means an area surrounded by other excluded areas (wetlands and dredge ponds). (Added by Stats. 1994, Ch. 1168, Sec. 2. Effective January 1, 1995.)
  116. 33492.94.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. )

    Verify source ↗

    The City of Vallejo redevelopment agency or legislative body may decide at a noticed public hearing that a Mare Island redevelopment plan is not subject to CEQA, but implementing projects may still be subject to CEQA.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. ) ## 33492.94. (a) Notwithstanding Section 21090 of the Public Resources Code, the redevelopment agency for the City of Vallejo or the legislative body of the City of Vallejo may determine at a noticed public hearing that the adoption of a redevelopment plan for the Mare Island Redevelopment Project Area pursuant to this article is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), except that projects implementing the redevelopment plan, including specific plans, rezonings, and ministerial projects that may have a significant effect on the environment, shall be subject to the California Environmental Quality Act. The environmental document for any implementing project shall include an analysis and mitigation of potential cumulative impacts that otherwise will not be known until an environmental impact report for the redevelopment plan is certified. (b) The notice of the public hearing required pursuant to subdivision (a) shall include the date, time, and place of the hearing, a brief description of the proposed project and its location, the date when notice will be provided pursuant to Section 21092 of the Public Resources Code, and the address where copies of the notice of exemption are available for review. (c) The notice required by this section shall be given to all organizations that, and individuals who, have previously requested notice pursuant to the California Environmental Quality Act, and shall be given by publication, no fewer times than required by Section 6061 of the Government Code, by the public agency in a newspaper of general circulation in the area affected by the proposed project. (d) If the redevelopment agency for the City of Vallejo or the legislative body of the City of Vallejo determines, pursuant to subdivision (a), that the adoption of a redevelopment plan is not subject to the California Environmental Quality Act, the redevelopment agency shall prepare and certify an environmental impact report for the redevelopment plan within 18 months after the effective date of the ordinance adopting the redevelopment plan. An environmental impact report prepared and certified jointly with the preparation of the environmental impact statement by the federal lead agency pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321, et seq.) shall satisfy the requirement of this subdivision. (Amended by Stats. 1995, Ch. 91, Sec. 78. Effective January 1, 1996.)
  117. 33492.95.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. )

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    This section defines when an area in the Mare Island Redevelopment Project Area counts as a blighted 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 4.5. Military Base Conversion Redevelopment Agencies [33492 - 33492.140] ( Heading of Chapter 4.5 amended by Stats. 1996, Ch. 221, Sec. 1. ) ## ARTICLE 6. Mare Island Redevelopment Project Area [33492.90 - 33492.95] ( Article 6 added by Stats. 1994, Ch. 1168, Sec. 2. ) ## 33492.95. For purposes of this article, a blighted area within the boundaries of the Mare Island Redevelopment Project Area is either of the following: (a) An area in which the combination of two or more of the conditions set forth in subdivision (a) or (b) of Section 33492.11 are so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (b) An area that contains one or more of the conditions described in subdivision (b) of Section 33492.11, the effect of which are so prevalent and so substantial that it causes a reduction of, or a lack of, proper utilization of the area to an extent that constitutes a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, and is in addition characterized by the existence of inadequate public improvements, public facilities, and utilities, that cannot be remedied by private or governmental action, without redevelopment. (Added by Stats. 1994, Ch. 1168, Sec. 2. Effective January 1, 1995.)
  118. 33498.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.6. California State University, Channel Islands Site Authority [33498 - 33498.2] ( Chapter 4.6 added by Stats. 1998, Ch. 861, Sec. 2. )

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    This section defines “authority” and “site” by reference to another code section and states the Legislature’s intent to address harms from the former Camarillo State Hospital closure and support redevelopment of the site.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.6. California State University, Channel Islands Site Authority [33498 - 33498.2] ( Chapter 4.6 added by Stats. 1998, Ch. 861, Sec. 2. ) ## 33498. (a) For purposes of this chapter, the terms “authority” and “site” have the meaning given in Section 67472 of the Government Code. (b) With enactment of this chapter, it is the intent of the Legislature to do both of the following: (1) Provide a means of mitigating the harmful effects and potentially blighted conditions caused by the closure of the former Camarillo State Hospital. (2) Enhance the economic, cultural, and social development of the region by facilitating the development of a state university campus and other compatible uses on the site. (c) The Legislature finds that the closure and conversion of major state facilities can require use of the powers provided under this part and under Section 16 of Article XVI of the California Constitution, and that the closure of the Camarillo State Hospital and the development of a California State University campus on the site as well as the development of compatible uses on the site requires development of a reuse plan by the California State University, Channel Islands Site Authority. (Added by Stats. 1998, Ch. 861, Sec. 2. Effective January 1, 1999. Conditionally operative as prescribed by Sec. 5 of Ch. 861.)
  119. 33498.1.

    ## 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 4.6. California State University, Channel Islands Site Authority [33498 - 33498.2] ( Chapter 4.6 added by Stats. 1998, Ch. 861, Sec. 2. )

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    The authority must make its reuse plan cover site use and tax revenue allocation, give priority to California State University facilities, and comply with a specified article; it is otherwise exempt from other requirements of this part except as stated.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.6. California State University, Channel Islands Site Authority [33498 - 33498.2] ( Chapter 4.6 added by Stats. 1998, Ch. 861, Sec. 2. ) ## 33498.1. (a) The reuse plan adopted by the authority shall provide for use of the site and allocation of tax revenues to the authority for reuse and development on the site with priority to development of California State University facilities on the site as set forth in Title 7.75 (commencing with Section 67470) of the Government Code. Except as provided in that title and this chapter, the authority shall be exempt from all other requirements of this part. (b) The reuse plan shall include an implementation plan adopted and periodically revised pursuant to Section 33490. (c) The authority shall comply with Article 6 (commencing with Section 33030) of Chapter 1. (Added by Stats. 1998, Ch. 861, Sec. 2. Effective January 1, 1999. Conditionally operative as prescribed by Sec. 5 of Ch. 861.)
  120. 33498.2.

    ## 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 4.6. California State University, Channel Islands Site Authority [33498 - 33498.2] ( Chapter 4.6 added by Stats. 1998, Ch. 861, Sec. 2. )

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    The authority must deposit at least 20% of allocated taxes into a separate housing fund and use it for housing purposes on the site.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 4.6. California State University, Channel Islands Site Authority [33498 - 33498.2] ( Chapter 4.6 added by Stats. 1998, Ch. 861, Sec. 2. ) ## 33498.2. (a) The Legislature finds and declares that the provision of housing is itself a fundamental purpose of this part and of the authority. There is a generally inadequate supply of decent, safe, and sanitary housing on the site available to the faculty and staff of the California State University, Channel Islands, and to persons and families of low or moderate income, as defined by Section 50093. The inadequate supply of this housing threatens the accomplishment of the primary purposes of this part and of the authority. Therefore, the Legislature finds and declares that the provision of housing pursuant to this section and the use of taxes allocated to the authority pursuant to subdivision (b) of Section 33670 is of statewide benefit and of particular benefit and assistance to the redevelopment of the former Camarillo State Hospital as the site of a California State University campus. (b) Not less than 20 percent of all taxes that are allocated to the authority pursuant to Section 33670 shall be deposited into a separate Low and Moderate Income Housing Fund, which is hereby created in the State Treasury, to be administered and used by the authority for the purposes of increasing, improving, and preserving both of the following: (1) Housing on the site for the faculty and staff of the California State University, Channel Islands. (2) Low- and moderate-income housing on the site 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, and very low income households, as defined in Section 50105. (c) Any interest earned by the Low and Moderate Income Housing Fund and any repayments or other income to the authority for loans, advances, or grants, of any kind from the fund, shall accrue to and be deposited in the fund and may be used only in the manner prescribed for the fund. (d) In carrying out the purposes of this section, the authority may, solely within the boundaries of the site, exercise any or all of the following powers: (1) Acquire real property or building sites pursuant to Section 33334.16. (2) Improve real property or building sites for the housing listed in subdivision (b) with onsite or offsite improvements, but only if the authority finds either of the following: (A) The improvements are made as part of a program that results in the new construction or rehabilitation of housing. (B) The improvements are necessary to eliminate one or more specific conditions that jeopardize the health or safety of residents. (3) Donate real property to private or public persons or entities. (4) Finance insurance premiums pursuant to Section 33136. (5) Construct residential buildings or related structures. (6) Acquire buildings or structures for residential and related uses. (7) Rehabilitate buildings or structures for residential and related uses. (8) Provide subsidies to, or for the benefit of, very low income persons or households, as defined by Section 50105, lower income persons or households, as defined by Section 50079.5, or persons and families of low or moderate income, as defined by Section 50093, to the extent that those persons or households cannot obtain housing at affordable costs on the open market in the vicinity of the site. These subsidies or benefits may include rental subsidies to low-income students at California State University, Channel Islands, who live in housing, including dormitories, on the site. 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 supply of mobilehomes on the site. (11) Preserve the availability to lower income households of affordable housing units that are assisted or subsidized by public entities and which are threatened with imminent conversion to market rates. (12) Pay for planning and general administration costs pursuant to subdivision (e). (e) The Legislature intends that the authority use the Low and Moderate Income Housing Fund to the maximum extent possible to defray the costs of production, improvement, and preservation of housing solely within the site, 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, and preservation of that housing. The authority shall annually determine that the planning and administrative expenses are necessary for the production, improvement, or preservation of housing on the site. Legal, architectural, and engineering costs and other salaries, wages, and costs directly related to the planning and execution of a specific housing project and which are incurred by a nonprofit housing sponsor are not “planning and administrative costs” for the purposes of this subdivision, but are instead project costs. Planning and general administrative costs which may be paid with moneys from the Low and Moderate Income Housing Fund are those expenses that the authority incurs that are directly related to the powers listed in subdivision (d), and are limited to the following: (1) Costs incurred for salaries, wages, and related costs of the authority’s staff or for services provided through interagency agreements, and agreements with contractors, including usual related indirect costs. (2) Costs incurred by a nonprofit corporation that are not directly attributable to a specific housing project. (f) Housing that is produced, improved, or preserved with moneys from the Low and Moderate Income Housing Fund shall remain available for the longest period of time, as follows: (1) The authority shall require that housing that is produced, improved, or preserved for the faculty and staff of the California State University, Channel Islands, be subject to covenants or restrictions filed in the office of the county recorder perpetually limiting the residency to those persons. (2) The authority shall require that housing that is produced, improved, or preserved for persons and households of low or moderate income and persons and households of very low income be subject to covenants or restrictions filed in the office of the county recorder limiting the residency to those persons as follows: (A) For owner-occupied housing units, for a period of 10 years. However, the authority may permit sales of owner-occupied units prior to the expiration of the 10-year period for a price in excess of that otherwise permitted under this subdivision pursuant to an adopted program that protects the authority’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 authority and deposited in the Low and Moderate Income Housing Fund. (B) For rental units, for a period of 15 years. (g) The authority shall spend or encumber all property tax revenues deposited into the Low and Moderate Income Housing Fund within five years from the end of the fiscal year in which the funds were deposited into the fund. If the authority fails to spend or encumber those revenues in a timely manner, and thereafter until the authority has expended or encumbered those revenues, the agency shall not receive any property tax revenue from any source except as necessary to pay the following obligations, if any: (1) Bonds, notes, interim certificates, debentures, or other obligations issued by the authority whether funded, refunded, assumed, or otherwise, pursuant to Article 5 (commencing with Section 33640) of Chapter 6. (2) Loans or moneys advanced to the authority, including, but not limited to, loans from federal, state, or local agencies, or a private entity. (3) Contractual obligations which, if breached, could subject the authority to damages or other liabilities or remedies. (4) Obligations incurred pursuant to Section 33445. (5) Indebtedness incurred pursuant to Section 33334.2 or 33334.6. (6) Obligations incurred pursuant to Section 33401. (Added by Stats. 1998, Ch. 861, Sec. 2. Effective January 1, 1999. Conditionally operative as prescribed by Sec. 5 of Ch. 861.)
  121. 33500.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    This section sets time limits for lawsuits challenging redevelopment plan adoptions, amendments, or agency findings, and pauses the two-year limit until the Department of Finance issues a finding of completion in certain former redevelopment agency matters.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33500. (a) Notwithstanding any other provision of law, including Section 33501, an action may be brought to review the validity of the adoption or amendment of a redevelopment plan at any time within 90 days after the date of the adoption of the ordinance adopting or amending the plan, if the adoption of the ordinance occurred prior to January 1, 2011. (b) Notwithstanding any other provision of law, including Section 33501, an action may be brought to review the validity of any findings or determinations by the agency or the legislative body at any time within 90 days after the date on which the agency or the legislative body made those findings or determinations, if the findings or determinations occurred prior to January 1, 2011. (c) Notwithstanding any other law, including Section 33501, an action may be brought to review the validity of the adoption or amendment of a redevelopment plan at any time within two years after the date of the adoption of the ordinance adopting or amending the plan, if the adoption of the ordinance occurred after January 1, 2011. (d) Notwithstanding any other law, including Section 33501, an action may be brought to review the validity of any findings or determinations by the agency or the legislative body at any time within two years after the date on which the agency or the legislative body made those findings or determinations, if the findings or determinations occurred after January 1, 2011. (e) The time limit for bringing an action under subdivision (c) or (d) shall be tolled with respect to the adoptions, findings, and determinations of any former redevelopment agency or its legislative body until the Department of Finance has issued a finding of completion to the successor agency of that former redevelopment agency pursuant to Section 34179.7. Subdivisions (c) and (d) shall not apply to any adoption, finding, or determination of any former redevelopment agency or its legislative body after the department has issued a finding of completion to the successor agency of that former redevelopment agency pursuant to Section 34179.7. (Amended by Stats. 2012, Ch. 26, Sec. 2. (AB 1484) Effective June 27, 2012.)
  122. 33501.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section sets when an action may be brought to challenge the validity of redevelopment plans or bonds, and it gives special filing deadlines for certain plan challenges.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501. (a) An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds and the redevelopment plan to be financed or refinanced, in whole or in part, by the bonds, or to determine the validity of a redevelopment plan not financed by bonds, including without limiting the generality of the foregoing, the legality and validity of all proceedings theretofore taken for or in any way connected with the establishment of the agency, its authority to transact business and exercise its powers, the designation of the survey area, the selection of the project area, the formulation of the preliminary plan, the validity of the finding and determination that the project area is predominantly urbanized, and the validity of the adoption of the redevelopment plan, and also including the legality and validity of all proceedings theretofore taken and (as provided in the bond resolution) proposed to be taken for the authorization, issuance, sale, and delivery of the bonds, and for the payment of the principal thereof and interest thereon. (b) Notwithstanding subdivision (a), an action to determine the validity of a redevelopment plan, or amendment to a redevelopment plan that was adopted prior to January 1, 2011, may be brought within 90 days after the date of the adoption of the ordinance adopting or amending the plan. (c) Any action that is commenced on or after January 1, 2011, which is brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity or legality of any issue, document, or action described in subdivision (a), may be brought within two years after any triggering event that occurred after January 1, 2011. The time limit for bringing an action under this subdivision shall be tolled with respect to the validity or legality of any issue, document, or action described in subdivision (a) of any former redevelopment agency or its legislative body until the Department of Finance has issued a finding of completion to the successor agency of that former redevelopment agency pursuant to Section 34179.7. This subdivision shall not apply to any adoption, finding, or determination of any former redevelopment agency or its legislative body after the department has issued a finding of completion to the successor agency of that former redevelopment agency pursuant to Section 34179.7. (d) For the purposes of protecting the interests of the state, the Attorney General and the Department of Finance are interested persons pursuant to Section 863 of the Code of Civil Procedure in any action brought with respect to the validity of an ordinance adopting or amending a redevelopment plan pursuant to this section. (e) For purposes of contesting the inclusion in a project area of lands that are enforceably restricted, as that term is defined in Sections 422 and 422.5 of the Revenue and Taxation Code, or lands that are in agricultural use, as defined in subdivision (b) of Section 51201 of the Government Code, 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, are interested persons pursuant to Section 863 of the Code of Civil Procedure, in any action brought with respect to the validity of an ordinance adopting or amending a redevelopment plan pursuant to this section. (Amended by Stats. 2012, Ch. 26, Sec. 3. (AB 1484) Effective June 27, 2012.)
  123. 33501.1.

    ## 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The Attorney General may intervene in certain Section 33501 actions, including as of right in blight-finding challenges and permissively in other Section 33501 actions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501.1. Notwithstanding Chapter 9 (commencing with Section 860) of Title 10 of the Code of Civil Procedure, the Attorney General may, pursuant to subdivision (b) of Section 387 of the Code of Civil Procedure, intervene as of right in an action specified in Section 33501 challenging the validity of any finding and determination that a project area is blighted. The Attorney General may seek permissive intervention pursuant to subdivision (a) of Section 387 of the Code of Civil Procedure in any other action brought pursuant to Section 33501. (Added by Stats. 2006, Ch. 595, Sec. 17. Effective January 1, 2007.)
  124. 33501.2.

    ## 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Section 33501.2 limits when an action under Section 33501 may be brought, and sets exceptions for some organizations, the Attorney General, and certain cases with no public hearing or notice.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501.2. (a) An action shall not be brought pursuant to Section 33501 unless the alleged grounds for noncompliance with this division were presented to the agency or the legislative body orally or in writing by any person before the close of the public hearing required by this division. (b) A person shall not bring an action pursuant to Section 33501 unless a person objected to the decision of the agency or the legislative body before the close of the public hearing required by this division. (c) This section does not preclude any organization formed after the approval of a project from bringing an action pursuant to Section 33501 if a member of that organization has complied with subdivision (b). (d) This section does not apply to the Attorney General. (e) This section does not apply to any alleged grounds for noncompliance with this division for which there was no public hearing or other opportunity for members of the public to raise those objections orally or in writing before the decision by the agency or the legislative body, or if the agency or the legislative body failed to give the notice required by law. (Added by Stats. 2006, Ch. 595, Sec. 18. Effective January 1, 2007.)
  125. 33501.3.

    ## 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    In certain redevelopment litigation, parties who file pleadings or briefs must serve copies on the Attorney General within three days, and the court cannot grant relief unless proof of compliance 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501.3. If an action specified in Section 33501 challenging the validity of any finding and determination that the project area is blighted is filed in any court, each party filing any pleading or brief with the court in that proceeding shall serve, within three days of the filing with the court, a copy of that pleading or brief on the Attorney General. Relief, temporary or permanent, shall not be granted to a party unless that party files proof with the court showing that it has complied with this section. A court may, by court order, allow a party to serve the Attorney General after the three-day period, but only upon showing of good cause for not complying with the three-day notice requirement, and that late service will not prejudice the Attorney General’s ability to review, and possibly participate in, the action. (Added by Stats. 2006, Ch. 595, Sec. 19. Effective January 1, 2007.)
  126. 33501.5.

    ## 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A challenger in certain redevelopment-related court actions must serve the complaint or answer on the Director of Housing and Community Development within 10 days, and the court cannot issue judgment or other relief until proof of that service 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501.5. In any judicial action specified in Section 33501 in which the validity of actions of the agency under Section 33334.2, 33334.3, or 33334.6 are in issue, the party initiating the judicial action or otherwise challenging the validity of those actions of the agency shall serve a copy of the complaint or answer alleging that invalidity upon the Director of Housing and Community Development within 10 days after filing that complaint or answer with the court. The court may render no judgment in the matter or provide other permanent or provisional relief to any party until proof of service of the Director of Housing and Community Development pursuant to this section has been submitted to the court. Nothing in this section shall be deemed to expand the scope of Section 33501. (Added by Stats. 1988, Ch. 1604, Sec. 7.)
  127. 33501.7.

    ## 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency or legislative body may not make a property owner or real party in interest indemnify it against certain Section 33501 challenges as a condition of adopting or amending 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501.7. Notwithstanding any other provision of law, an agency or legislative body shall not permit or require a property owner or a real party in interest to indemnify the agency or the legislative body against actions brought pursuant to Section 33501 to challenge the adoption or amendment of a redevelopment plan, as a condition of adopting or amending a redevelopment plan. (Added by Stats. 2006, Ch. 595, Sec. 20. Effective January 1, 2007.)
  128. 33501.9.

    ## 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A superior court action about adopting or amending a redevelopment plan may be referred to mediation.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33501.9. Any action brought in the superior court relating to the adoption or amendment of a redevelopment plan may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title 7 of the Government Code. (Added by Stats. 2010, Ch. 699, Sec. 27. (SB 894) Effective January 1, 2011.)
  129. 33502.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The judgment must decide whether the matters in Section 33501 are valid or invalid, and it can be reopened only within 90 days after entry.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33502. The judgment shall determine the validity or invalidity, respectively, of the matters specified in Section 33501. The judgment shall be subject to being reopened under Section 473 or Section 473.5 of the Code of Civil Procedure or otherwise only within 90 days after the entry of the judgment and petitioner and any person who has appeared in the special proceeding shall have the right to move for a new trial under proper circumstances and upon appropriate grounds and to appeal from the judgment. (Amended by Stats. 1998, Ch. 932, Sec. 38. Effective January 1, 1999.)
  130. 33503.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A final or affirmed judgment in these redevelopment cases is binding, and it can bar anyone from bringing later actions or proceedings over issues it already decides.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33503. The judgment, if no appeal is taken, or if taken and the judgment is affirmed shall be forever binding and conclusive, as to all matters therein adjudicated or which at that time could have been adjudicated, against the agency and against all other parties and if the judgment determines that the agency is lawfully established, that the redevelopment plan is valid and effective, that the agency is authorized to issue such bonds and that such bonds when issued will be valid, the judgment shall permanently enjoin the institution by any person of any action or proceeding raising any issue as to which the judgment is binding and conclusive. (Amended by Stats. 1965, Ch. 1665.)
  131. 33504.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Obligees are authorized to take other actions under Sections 33660 and 33661.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33504. Other actions by obligees are authorized by Sections 33660 and 33661. (Added by Stats. 1963, Ch. 1812.)
  132. 33505.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    The agency and legislative body may not approve certain redevelopment-related settlements that use funds outside the project area unless they first hold a public 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. Actions Involving Redevelopment Plans or Bonds [33500 - 33505] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33505. (a) The agency and legislative body shall not authorize or approve the settlement of any judicial action specified in Section 33501 that contests the validity of the adoption or amendment of a redevelopment plan if the settlement requires the expenditure of funds outside the project area unless the agency and the legislative body have first held a public hearing on the proposed settlement pursuant to this section. (b) Notice of the public hearing shall be published once a week for two successive weeks in a newspaper of general circulation in the community. Notice of the public hearing shall be posted in at least five prominent locations inside the project area for at least two weeks before the hearing. Notice of the hearing shall be mailed by first-class mail to the project area committee, if any, and to any other persons or organizations who have filed a written request for public notice. (c) Copies of the proposed settlement shall be available for public inspection and copying not later than the first date of publication of the public notice. (Added by Stats. 2009, Ch. 555, Sec. 3. (SB 93) Effective January 1, 2010.)
  133. 33510.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Actions for Money or Damages [33510- 33510.] ( Article 2 repealed and added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Claims for money or damages against the agency are governed by specified Government Code provisions, unless an exception or another applicable statute or regulation 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 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Actions for Money or Damages [33510- 33510.] ( Article 2 repealed and added by Stats. 1963, Ch. 1812. ) ## 33510. All claims for money or damages against the agency are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  134. 33515.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Actions Involving Public Agencies [33515- 33515.] ( Article 3 added by Stats. 1994, Ch. 326, Sec. 2. )

    Verify source ↗

    A redevelopment agency generally may not use its funds to bring or support certain lawsuits, but it may defend itself and sue over written agreements in specified cases.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 5. Legal Actions [33500 - 33515] ( Chapter 5 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Actions Involving Public Agencies [33515- 33515.] ( Article 3 added by Stats. 1994, Ch. 326, Sec. 2. ) ## 33515. (a) A redevelopment agency shall not, either directly or indirectly, use its funds to file or maintain an action or proceeding in either of the following circumstances: (1) Against a public agency that does not have jurisdiction to conduct its governmental activities within the jurisdiction of the redevelopment agency. (2) The subject matter of the action involves real property outside the jurisdictional boundaries of the redevelopment agency. (b) The prohibition in subdivision (a) shall not preclude a redevelopment agency from using its funds to: (1) Defend itself against any action. (2) File or maintain an action against a public agency or private entity regarding the interpretation or enforcement of a written agreement between the redevelopment agency and that public agency or private entity. (c) No funds of a redevelopment agency shall be loaned or granted to any person, corporation, or public agency to finance, in whole or in part, an action the financing of which by a redevelopment agency is prohibited by subdivision (a). In addition, a redevelopment agency shall not borrow funds from its community or any other source to file or maintain an action which is prohibited by subdivision (a). (d) Nothing in this section shall prohibit a community from filing or maintaining an action on behalf of the community and its redevelopment agency as long as funds of the redevelopment agency are not used, either directly or indirectly, on behalf of the lawsuit. (e) For purposes of this article: (1) “Finance” includes, but is not necessarily limited to, the payment of filing fees, attorneys’ fees, service fees, expert witness fees, consultants’ fees, or any other expenses or costs incurred in connection with an action. (2) “Public agency” includes a local agency as defined in Section 54951 of the Government Code and includes a joint powers agency or authority and a redevelopment agency. (Added by Stats. 1994, Ch. 326, Sec. 2. Effective August 26, 1994.)
  135. 33600.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may accept financial or other assistance from public or private sources and spend those funds for the purposes of 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33600. An agency may accept financial or other assistance from any public or private source, for the agency’s activities, powers, and duties, and expend any funds so received for any of the purposes of this part. (Added by Stats. 1963, Ch. 1812.)
  136. 33601.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    An agency may borrow money or accept financial assistance for redevelopment projects and may secure funding with trust deeds or mortgages.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33601. An agency may borrow money or accept financial or other assistance from the state or the federal government or any other public agency for any redevelopment project within its area of operation, and may comply with any conditions of such loan or grant. An agency may borrow money (by the issuance of bonds or otherwise) or accept financial or other assistance from any private lending institution for any redevelopment project for any of the purposes of this part, and may execute trust deeds or mortgages on any real or personal property owned or acquired. (Amended by Stats. 1972, Ch. 323.)
  137. 33602.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    “Bonds” includes certain debt instruments issued by an agency under Article 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33602. “Bonds” means any bonds, notes, interim certificates, debentures, or other obligations issued by an agency pursuant to Article 5 (commencing with Section 33640) of this chapter. (Added by Stats. 1963, Ch. 1812.)
  138. 33603.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    An agency may invest certain reserve, sinking-fund, or temporarily unneeded money in property or securities that savings banks are legally allowed to buy.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33603. An agency may invest any money held in reserves or sinking funds, or any money not required for immediate disbursement, in property or securities in which savings banks may legally invest money subject to their control. (Added by Stats. 1963, Ch. 1812.)
  139. 33604.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    If an agency stops functioning, any surplus funds left after paying its obligations and debts must vest in 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33604. If an agency ceases to function, any surplus funds existing after payment of all its obligations and indebtedness shall vest in the community. (Added by Stats. 1965, Ch. 1665.)
  140. 33605.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    The agency may delegate certain powers or duties to its agents or employees when issuing and selling preliminary loan notes secured by a requisition agreement with the United States.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33605. In connection with the issuance and sale of preliminary loan notes, secured by a requisition agreement with the United States of America, the agency may delegate to one or more of its agents or employees the powers or duties it deems proper. (Added by renumbering Section 33604 by Stats. 1967, Ch. 1242.)
  141. 33606.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    An agency must adopt an annual budget with specified financial and program details, and its expenditures and indebtedness must match the adopted or amended budget.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33606. An agency shall adopt an annual budget containing all of the following specific information, including all activities to be financed by the Low and Moderate Income Housing Fund established pursuant to Section 33334.3: (a) The proposed expenditures of the agency. (b) The proposed indebtedness to be incurred by the agency. (c) The anticipated revenues of the agency. (d) The work program for the coming year, including goals. (e) An examination of the previous year’s achievements and a comparison of the achievements with the goals of the previous year’s work program. The annual budget may be amended from time to time as determined by the agency. All expenditures and indebtedness of the agency shall be in conformity with the adopted or amended budget. When the legislative body is not the redevelopment agency, the legislative body shall approve the annual budget and amendments of the annual budget of the agency. (Amended (as amended by Stats. 1984, Ch. 1523) by Stats. 1990, Ch. 1608, Sec. 17.)
  142. 33607.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    A county may require a community redevelopment agency to reimburse the county for certain expenses tied to services the county performs for the agency, if the statutory 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33607. A county may require a community redevelopment agency to reimburse the county for any expenses incurred by the county in performing any of the services required to be performed by the county for the redevelopment agency pursuant to Sections 33670, 33675, and 33676 for a project area as to which no payments are made by the agency to the county in accordance with subdivision (b) of Section 33401 and no agreement has been entered into and either of the following situations exist: (a) A final redevelopment plan for the project area is adopted on or after January 1, 1986. (b) A final redevelopment plan for the project area was adopted prior to January 1, 1986, but its boundaries are changed on or after January 1, 1986, to add land to, or to exclude land from, the project area. However, in the case of a project area which changes its boundaries on or after January 1, 1986, to add land to the project area, the reimbursement shall relate only to expenses incurred by the county with respect to the added area. (Added by Stats. 1985, Ch. 246, Sec. 1.)
  143. 33607.5.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    Redevelopment agencies must make specified payments from tax increment funds to affected taxing entities, with staged percentages and 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33607.5. (a) (1) This section shall apply to each redevelopment project area that, pursuant to a redevelopment plan which contains the provisions required by Section 33670, is either: (A) adopted on or after January 1, 1994, including later amendments to these redevelopment plans; or (B) adopted prior to January 1, 1994, but amended, after January 1, 1994, to include new territory. For plans amended after January 1, 1994, only the tax increments from territory added by the amendment shall be subject to this section. All the amounts calculated pursuant to this section shall be calculated after the amount required to be deposited in the Low and Moderate Income Housing Fund pursuant to Sections 33334.2, 33334.3, and 33334.6 has been deducted from the total amount of tax increment funds received by the agency in the applicable fiscal year. (2) The payments made pursuant to this section shall be in addition to any amounts the affected taxing entities receive pursuant to subdivision (a) of Section 33670. The payments made pursuant to this section to the affected taxing entities, including the community, shall be allocated among the affected taxing entities, including the community if the community elects to receive payments, in proportion to the percentage share of property taxes each affected taxing entity, including the community, receives during the fiscal year the funds are allocated, which percentage share shall be determined without regard to any amounts allocated to a city, a city and county, or a county pursuant to Sections 97.68 and 97.70 of the Revenue and Taxation Code, and without regard to any allocation reductions to a city, a city and county, a county, a special district, or a redevelopment agency pursuant to Sections 97.71, 97.72, and 97.73 of the Revenue and Taxation Code and Section 33681.12. The agency shall reduce its payments pursuant to this section to an affected taxing entity by any amount the agency has paid, directly or indirectly, pursuant to Section 33445, 33445.5, 33445.6, 33446, or any other provision of law other than this section for, or in connection with, a public facility owned or leased by that affected taxing agency, except: (A) any amounts the agency has paid directly or indirectly pursuant to an agreement with a taxing entity adopted prior to January 1, 1994; or (B) any amounts that are unrelated to the specific project area or amendment governed by this section. The reduction in a payment by an agency to a school district, community college district, or county office of education, or for special education, shall be subtracted only from the amount that otherwise would be available for use by those entities for educational facilities pursuant to paragraph (4). If the amount of the reduction exceeds the amount that otherwise would have been available for use for educational facilities in any one year, the agency shall reduce its payment in more than one year. (3) If an agency reduces its payment to a school district, community college district, or county office of education, or for special education, the agency shall do all of the following: (A) Determine the amount of the total payment that would have been made without the reduction. (B) Determine the amount of the total payment without the reduction which: (i) would have been considered property taxes; and (ii) would have been available to be used for educational facilities pursuant to paragraph (4). (C) Reduce the amount available to be used for educational facilities. (D) Send the payment to the school district, community college district, or county office of education, or for special education, with a statement that the payment is being reduced and including the calculation required by this subdivision showing the amount to be considered property taxes and the amount, if any, available for educational facilities. (4) (A) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to school districts, 43.3 percent shall be considered to be property taxes for purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code and paragraph (1) of subdivision (j) of Section 42238.02 of the Education Code, and 56.7 percent shall not be considered to be property taxes for purposes of that section and shall be available to be used for educational facilities, including, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (B) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to community college districts, 47.5 percent shall be considered to be property taxes for purposes of Section 84751 of the Education Code, and 52.5 percent shall not be considered to be property taxes for purposes of that section and shall be available to be used for educational facilities, including, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (C) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section to county offices of education, 19 percent shall be considered to be property taxes for purposes of Sections 2558 and 2575 of the Education Code, and 81 percent shall not be considered to be property taxes for purposes of those sections and shall be available to be used for educational facilities, including, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (D) Except as specified in subparagraph (E), of the total amount paid each year pursuant to this section for special education, 19 percent shall be considered to be property taxes for purposes of Sections 2558 and 2575 of the Education Code, or for purposes of paragraph (1) of subdivision (h) of Section 42238 of the Education Code and paragraph (1) of subdivision (j) of Section 42238.02 of the Education Code, as applicable, and 81 percent shall not be considered to be property taxes for purposes of those sections and shall be available to be used for education facilities, including, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance. (E) If, pursuant to paragraphs (2) and (3), an agency reduces its payments to an educational entity, the calculation made by the agency pursuant to paragraph (3) shall determine the amount considered to be property taxes and the amount available to be used for educational facilities in the year the reduction was made. (5) Local education agencies that use funds received pursuant to this section for school facilities shall spend these funds at schools that are: (A) within the project area, (B) attended by students from the project area, (C) attended by students generated by projects that are assisted directly by the redevelopment agency, or (D) determined by the governing board of a local education agency to be of benefit to the project area. (b) Commencing with the first fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, including the community if the community elects to receive a payment, an amount equal to 25 percent of the tax increments received by the agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted. In any fiscal year in which the agency receives tax increments, the community that has adopted the redevelopment project area may elect to receive the amount authorized by this paragraph. (c) Commencing with the 11th fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the project, in addition to the amounts paid pursuant to subdivision (b) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 21 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the first adjusted base year assessed value. The first adjusted base year assessed value is the assessed value of the project area in the 10th fiscal year in which the agency receives tax increment revenues. (d) Commencing with the 31st fiscal year in which the agency receives tax increments and continuing through the last fiscal year in which the agency receives tax increments, a redevelopment agency shall pay to the affected taxing entities, other than the community which has adopted the project, in addition to the amounts paid pursuant to subdivisions (b) and (c) and after deducting the amount allocated to the Low and Moderate Income Housing Fund, an amount equal to 14 percent of the portion of tax increments received by the agency, which shall be calculated by applying the tax rate against the amount of assessed value by which the current year assessed value exceeds the second adjusted base year assessed value. The second adjusted base year assessed value is the assessed value of the project area in the 30th fiscal year in which the agency receives tax increments. (e) (1) Prior to incurring any loans, bonds, or other indebtedness, except loans or advances from the community, the agency may subordinate to the loans, bonds, or other indebtedness the amount required to be paid to an affected taxing entity by this section, provided that the affected taxing entity has approved these subordinations pursuant to this subdivision. (2) At the time the agency requests an affected taxing entity to subordinate the amount to be paid to it, the agency shall provide the affected taxing entity with substantial evidence that sufficient funds will be available to pay both the debt service and the payments required by this section, when due. (3) Within 45 days after receipt of the agency’s request, the affected taxing entity shall approve or disapprove the request for subordination. An affected taxing entity may disapprove a request for subordination only if it finds, based upon substantial evidence, that the agency will not be able to pay the debt payments and the amount required to be paid to the affected taxing entity. If the affected taxing entity does not act within 45 days after receipt of the agency’s request, the request to subordinate shall be deemed approved and shall be final and conclusive. (f) (1) The Legislature finds and declares both of the following: (A) The payments made pursuant to this section are necessary in order to alleviate the financial burden and detriment that affected taxing entities may incur as a result of the adoption of a redevelopment plan, and payments made pursuant to this section will benefit redevelopment project areas. (B) The payments made pursuant to this section are the exclusive payments that are required to be made by a redevelopment agency to affected taxing entities during the term of a redevelopment plan. (2) Notwithstanding any other law, a redevelopment agency shall not be required, either directly or indirectly, as a measure to mitigate a significant environmental effect or as part of any settlement agreement or judgment brought in any action to contest the validity of a redevelopment plan pursuant to Section 33501, to make any other payments to affected taxing entities, or to pay for public facilities that will be owned or leased to an affected taxing entity. (g) As used in this section, a “local education agency” is a school district, a community college district, or a county office of education. (Amended by Stats. 2015, Ch. 13, Sec. 44. (AB 104) Effective June 24, 2015.)
  144. 33607.7.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    This section limits when certain redevelopment plan amendments can be covered and requires the redevelopment agency to pay affected taxing entities under specified rules.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33607.7. (a) This section shall apply to a redevelopment plan amendment for any redevelopment plans adopted prior to January 1, 1994, that increases the limitation on the number of dollars to be allocated to the redevelopment agency or that increases, or eliminates pursuant to paragraph (1) of subdivision (e) of Section 33333.6, the time limit on the establishing of loans, advances, and indebtedness established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 33333.6, as those paragraphs read on December 31, 2001, or that lengthens the period during which the redevelopment plan is effective if the redevelopment plan being amended contains the provisions required by subdivision (b) of Section 33670. However, this section shall not apply to those redevelopment plans that add new territory. (b) If a redevelopment agency adopts an amendment that is governed by the provisions of this section, it shall pay to each affected taxing entity either of the following: (1) If an agreement exists that requires payments to the taxing entity, the amount required to be paid by an agreement between the agency and an affected taxing entity entered into prior to January 1, 1994. (2) If an agreement does not exist, the amounts required pursuant to subdivisions (b), (c), (d), and (e) of Section 33607.5, until termination of the redevelopment plan, calculated against the amount of assessed value by which the current year assessed value exceeds an adjusted base year assessed value. The amounts shall be allocated between property taxes and educational facilities, including, in the case of amounts paid commencing with the 2011–12 fiscal year, land acquisition, facility construction, reconstruction, remodeling, maintenance, or deferred maintenance, according to the appropriate formula in paragraph (3) of subdivision (a) of Section 33607.5. In determining the applicable amount under Section 33607.5, the first fiscal year shall be the first fiscal year following the fiscal year in which the adjusted base year value is determined. (c) The adjusted base year assessed value shall be the assessed value of the project area in the year in which the limitation being amended would have taken effect without the amendment or, if more than one limitation is being amended, the first year in which one or more of the limitations would have taken effect without the amendment. The agency shall commence making these payments pursuant to the terms of the agreement, if applicable, or, if an agreement does not exist, in the first fiscal year following the fiscal year in which the adjusted base year value is determined. (Amended by Stats. 2015, Ch. 13, Sec. 45. (AB 104) Effective June 24, 2015.)
  145. 33607.8.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    A redevelopment agency may use tax increment funds to pay an affected taxing entity that is a state water supply contractor, but only within specified limits and without reducing certain other 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33607.8. (a) Notwithstanding any other provision of law, a redevelopment agency may make payments from tax increment funds to an affected taxing entity that is a state water supply contractor in accordance with both of the following requirements: (1) The payment shall not exceed the amount that, but for the activities of the redevelopment agency, otherwise would have been received by the affected taxing entity pursuant to a tax that was originally approved by the state’s voters prior to July 1, 1978. (2) The payments shall be made for the purpose of funding the payments of the state water supply contractor pursuant to its water supply contract with the Department of Water Resources for the costs of building, operating, maintaining, and replacing the State Water Resources Development System. (b) Allocations made by a redevelopment agency for payments made pursuant to subdivision (a) shall not cause any reduction in payments to an affected taxing entity pursuant to paragraph (2) of subdivision (a) of Section 33607.5. (c) For purposes of this section: (1) “State Water Resources Development System” has the same meaning as used in Section 12931 of the Water Code. (2) “State water supply contractor” has the same meaning as used in Section 11975 of the Water Code. (Added by Stats. 1995, Ch. 137, Sec. 1. Effective January 1, 1996.)
  146. 33608.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. )

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    This section validates certain past and future acts related to a specific reimbursement agreement, allows interest payments if reimbursement starts more than 10 years late, and requires specified fund allocations and city contributions.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 1. General [33600 - 33608] ( Article 1 added by Stats. 1963, Ch. 1812. ) ## 33608. (a) All acts and proceedings heretofore or hereafter taken under color of law by a charter city meeting the criteria of subdivision (g) and its redevelopment agency in a county with a population over 4,000,000 with respect to a reimbursement agreement executed pursuant to Section 33445 of the Health and Safety Code dated July 7, 1986, and as amended as of July 13, 1987, are hereby confirmed, validated, and declared legally effective to the extent the agreement could have been authorized by the Legislature initially, except as to limitations imposed by the California and United States Constitutions. The validation provided by this section shall be the only determination necessary to satisfy the requirement of subdivision (e) of Section 33675 of the Health and Safety Code and those provisions shall not apply to the agreement otherwise. The Legislature finds and declares that this section is consistent with existing law and does not conflict with either Article XIII B or Section 16 of Article XVI of the California Constitution. (b) If the commencement of reimbursement of the principal amount of indebtedness of the agency under an agreement referred to in subdivision (a), or any predecessor agreement executed pursuant to Section 33445 of the Health and Safety Code, is delayed beyond 10 years after the date of execution of the agreement for any reason, the agency and the city may amend or enforce the reimbursement agreement, or any predecessor thereto, to provide for the payment of interest. The interest may accrue, as to reimbursement for any particular property or improvement, from the date of acquisition, construction, or installation thereof until the date of the reimbursement agreement and thereafter, until payment of the principal and interest by the agency. The interest shall be at the rate specified in the reimbursement agreement, not to exceed the rate of interest earned by the treasurer of the city on investments of the city’s pooled funds. Subject to that limitation, interest on the indebtedness may be calculated pursuant to any generally accepted method of computation, including, without limitation, any method which allows the compounding of interest monthly or at other appropriate intervals. (c) Reimbursements for any indebtedness under the reimbursement agreement referred to in subdivision (a) shall be (1) first allocated for the funding requirements of the fire and police retirement fund of the city and (2) then deposited into the Low and Moderate Income Housing Fund of the agency. However, this section shall not be construed to authorize any reimbursement of indebtedness which is not permissive under Section 16 of Article XVI of the California Constitution. (d) The reimbursement agreement shall not be amended without the approval of the Legislature, by statute, and the obligation created by the reimbursement agreement shall terminate on December 31, 2014. (e) In addition to any amounts provided to the city’s fire and police retirement system under the reimbursement agreement, to the extent permitted by law, the city shall undertake, by ordinance, to contribute additional moneys from its general fund annually and transfer assets (including, without limitation, income producing assets such as parking garages) as necessary and actuarially appropriate to satisfy its fire and police retirement fund obligation. When this obligation has been actuarily funded, all assets contributed pursuant to this section shall revert to the city. (f) The obligations created by the reimbursement agreement specified in subdivision (a) shall be deemed to be existing obligations for purposes of subdivision (d) of Section 33334.6 incurred by the agency to finance a redevelopment project existing on, and created prior to, January 1, 1986. The statement of existing obligations required by subdivision (f) of Section 33334.6 shall be deemed amended to include the obligations created by this reimbursement agreement. The agency shall make deposits into the Low and Moderate Income Housing Fund of the agency in accordance with the reimbursement agreement. These deposits shall be the only obligations that the agency shall have to deposit money in the Low and Moderate Income Housing Fund under subdivision (a) of Section 33334.2 or Section 33334.6, with respect to the project area subject to the reimbursement agreement, notwithstanding any other provision of law. (g) This section applies to any charter city meeting all of the following criteria: (1) The city’s retirement system is part of the city’s charter and was approved by the voters before July 1, 1978. (2) The city did not levy a separate ad valorem property tax rate to support the retirement system in the 1983–84 fiscal year. (3) The retirement system provides for a cost-of-living adjustment which is indexed to a consumer price index and does not limit the annual increases which may be paid to members after their retirement. (4) The retirement system is not currently available to newly hired fire and police employees and will not be available in the future. (5) Before January 1, 1985, the city unsuccessfully litigated a limit to the cost-of-living adjustment which may be paid to members of the retirement system after their retirement. (6) The governing body of the city has, by resolution, elected to make this section applicable to it. This election shall be final and binding and may not be revoked for any reason. (h) “Agency,” as used in this section, includes a community development commission exercising the powers of a redevelopment agency pursuant to Section 34141. (Added by Stats. 1987, Ch. 1010, Sec. 1.)
  147. 33610.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The community’s legislative body may appropriate money to a redevelopment agency for its administrative expenses and overhead.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33610. At any time after the agency created for any community becomes authorized to transact business and exercise its powers, the legislative body of the community may appropriate to the agency such amounts as the legislative body deems necessary for the administrative expenses and overhead of the agency. The money appropriated may be paid to the agency as a grant to defray the expenses and overhead, or as a loan to be repaid upon such terms and conditions as the legislative body may provide. In addition to the common understanding and usual interpretation of the term, “administrative expense” includes, but is not limited to, expenses of redevelopment planning and dissemination of redevelopment information. (Added by Stats. 1963, Ch. 1812.)
  148. 33611.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agencies transacting business and exercising powers under this part must annually submit a proposed budget of their administrative expenses to the community’s 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33611. Each agency transacting business and exercising powers under this part shall annually submit to the legislative body of the community a proposed budget of its administrative expenses. (Added by Stats. 1963, Ch. 1812.)
  149. 33612.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may adopt an annual budget for the agency’s administrative expenses and may set conditions and restrictions on how appropriated money is spent or encumbered.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33612. The legislative body may adopt an annual budget for the administrative expenses of the agency in such amounts as it deems necessary and may provide such conditions and restrictions upon the expenditure or encumbrance of the money appropriated pursuant to the budget as it deems advisable. (Added by Stats. 1963, Ch. 1812.)
  150. 33613.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Money appropriated for administrative expenses must be kept in the community treasury in a special fund called the community redevelopment agency administrative fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33613. The money appropriated for administrative expenses shall be kept in the treasury of the community in a special fund to be known as the community redevelopment agency administrative fund, and money shall be drawn from the fund to meet the administrative expenses of the agency in substantially the same manner as money is drawn by other agencies and departments of the community subject to budgetary control. (Added by Stats. 1963, Ch. 1812.)
  151. 33614.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Money appropriated by the legislative body to the community redevelopment agency administrative fund is treated as community grant money for the agency’s administrative expenses.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33614. The money appropriated by the legislative body to the community redevelopment agency administrative fund is money granted by the community to defray the administrative expenses of the agency which is performing a public function of the community. (Added by Stats. 1963, Ch. 1812.)
  152. 33615.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Each agency must file a detailed transaction report, including revenues and expenditures, with 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 2. Community Redevelopment Agency Administrative Fund [33610 - 33615] ( Article 2 added by Stats. 1963, Ch. 1812. ) ## 33615. Each such agency shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures, at monthly, quarterly, or annual intervals as the legislative body may prescribe. (Added by Stats. 1963, Ch. 1812.)
  153. 33620.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    After adopting the required resolution, the legislative body may establish a redevelopment revolving fund in the community treasury.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33620. At any time after it has adopted a resolution declaring that there is need for an agency to function in the community, the legislative body may establish a redevelopment revolving fund to be kept in the treasury of the community. (Added by Stats. 1963, Ch. 1812.)
  154. 33621.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may appropriate money, or the community may issue and sell general obligation bonds, to raise money for the redevelopment revolving fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33621. For the purpose of raising money to be deposited in the redevelopment revolving fund, the legislative body may appropriate money or the community may issue and sell its general obligation bonds. (Added by Stats. 1963, Ch. 1812.)
  155. 33622.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may, by majority-vote resolution, spend redevelopment revolving fund money for specified 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33622. By resolution of the legislative body adopted by a majority vote, any money in the redevelopment revolving fund may be expended from time to time for: (a) The acquisition of real property in any project area. (b) The clearance, aiding in relocation of site occupants, and preparation of any project area for redevelopment. (Added by Stats. 1963, Ch. 1812.)
  156. 33623.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The legislative body may, by two-thirds-vote resolution, authorize money from the redevelopment revolving fund to be paid to the agency, on terms and conditions it sets.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33623. By resolution of the legislative body adopted by a two-thirds vote, any money in the redevelopment revolving fund may be paid to the agency, upon such terms and conditions as the legislative body may prescribe for any of the following purposes: (a) Deposit in a trust fund to be expended for the acquisition of real property in any project area. (b) The clearance of any project area for redevelopment. (c) Any expenses necessary or incidental to the carrying out of a redevelopment plan which has been adopted by the legislative body. (Added by Stats. 1963, Ch. 1812.)
  157. 33624.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency must put certain proceeds back into the redevelopment revolving fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33624. All money received by the agency from the sale, lease, or encumbering of property acquired with money from the redevelopment revolving fund in excess of the money required to repay the loans and interest thereon authorized by this part shall be redeposited in the fund. (Added by Stats. 1963, Ch. 1812.)
  158. 33625.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Financing provisions in this part must follow Sections 33433, 33434, and 33624.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33625. All other provisions of this part that relate to financing are subject to Sections 33433, 33434, and 33624. (Added by Stats. 1963, Ch. 1812.)
  159. 33626.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A community’s legislative body may end the redevelopment revolving fund if its purpose has been achieved, and may withdraw excess money with the agency’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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 3. Redevelopment Revolving Fund [33620 - 33626] ( Article 3 added by Stats. 1963, Ch. 1812. ) ## 33626. The legislative body of any community may abolish the redevelopment revolving fund whenever it finds that the purposes for which it was established have been accomplished. The legislative body of any community may, with the consent of the agency, withdraw money from the redevelopment revolving fund whenever and to the extent that it finds that the amount of money therein exceeds the amount necessary to finance existing or planned purposes for which its expenditure is authorized by the provisions of this article. All money withdrawn from the fund by reason of its being reduced in size, or its abolition, and all money which, after abolition, would have been required to be deposited or redeposited in the fund, shall be transferred to the general obligation bond redemption fund of the community or to the general fund of the community, as directed by the legislative body. (Amended by Stats. 1963, Ch. 1025.)
  160. 33630.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The community may issue and sell general obligation bonds for listed redevelopment purposes, and the legislative body may set the earliest maturity date, which must be within 10 years of issuance.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33630. The community may issue and sell its general obligation bonds for any or all of the following purposes: raising money to be deposited in the redevelopment revolving fund, or providing funds with which to redeem before maturity, retire at maturity, or purchase agency bonds issued under Article 5 (commencing with Section 33640) of this chapter. General obligation bonds issued pursuant to this article may be authorized and issued in a principal amount sufficient to provide funds for the payment of any or all of the following: (a) The estimated amount of money to be raised to be deposited in the redevelopment revolving fund. (b) The principal amount of agency bonds proposed to be so redeemed, retired or purchased. (c) The estimated amount of any premiums required to be paid in connection with the redemption or purchase of such agency bonds. (d) The estimated amount of any due and unpaid interest or accrued interest on such agency bonds which must be paid at the time the same are redeemed, retired or purchased. (e) The amount of interest on such general obligation bonds estimated to accrue during the period from the date thereof until the portion of taxes allocated to and paid into the special fund of the redevelopment agency under the provisions of Section 33670 pledged or to be pledged to the repayment of an advance to the agency for any purpose authorized by this article or by Article 3 (commencing with Section 33620) of this chapter equals the annual amount of the interest upon such bonds due and payable thereon in the next succeeding year, such period not to exceed 10 years from the date of such general obligation bonds or the first series thereof; provided, that such amount shall not include any interest estimated to accrue during any year for which interest on agency bonds proposed to be so redeemed, retired or purchased has been provided from the proceeds of sale of such agency bonds. (f) The estimated amount of all expenses incidental to or connected with the redemption, retirement or purchase of such agency bonds and the authorization, issuance and sale of such general obligation bonds. All agency bonds redeemed, retired or purchased with the proceeds of such general obligation bonds shall be canceled and shall not be reissued. The legislative body may fix a date, not more than 10 years from the date of issuance of any such general obligation bonds, for the earliest maturity of each issue or series of such bonds. (Amended by Stats. 1967, Ch. 1079.)
  161. 33631.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency and the community’s legislative body may agree to treat certain bond proceeds and interest as a loan to the agency for refinancing a redevelopment project, and to pledge special-fund money to repay 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33631. If the redevelopment plan contains the provision authorized by Section 33670, the agency and the legislative body of the community may, either before or after the authorization of general obligation bonds for the purposes permitted by Section 33630, enter into an agreement that the principal amount of any such general obligation bonds sold for such purposes, together with all interest which the community may pay thereon, shall constitute a loan by the community to the agency for the purpose of refinancing the redevelopment project, and that, subject to any prior pledge of or claim upon the moneys in the special fund provided for in said section 33670, the moneys accruing to such special fund are irrevocably pledged to the repayment of such loan until there has been repaid to the community from time to time from such special fund the principal amount of such general obligation bonds plus all interest which the community may pay thereon, less such part, if any, of the proceeds of such general obligation bonds which were not used for such purposes, and less any premiums and accrued interest received by the community upon the sale of such general obligation bonds. (Added by Stats. 1963, Ch. 1812.)
  162. 33632.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Any surplus left in the general obligation bond redemption fund after principal and interest are paid must be transferred to the community’s general fund.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33632. Any surplus existing in the general obligation bond redemption fund after payment of principal and interest shall be transferred to the general fund of the community. (Added by Stats. 1963, Ch. 1812.)
  163. 33633.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Communities must issue general obligation bonds according to the law or the community charter, unless this part provides otherwise. They may issue bonds above normal limits if voters authorize the amount at a general or special election.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 4. Community Appropriations and General Obligation Bonds [33630 - 33633] ( Article 4 added by Stats. 1963, Ch. 1812. ) ## 33633. Except as otherwise provided in this part, any general obligation bonds issued by any community pursuant to this article shall be authorized and issued in the manner and within the limitations prescribed by law or the charter of the community for the issuance and authorization of such bonds for public purposes generally. Irrespective of any limitation as to the amount of general obligation bonds which may be issued a community may issue such bonds for the purposes prescribed in this article, in excess of the limitation, in such amount as may be authorized by the voters of the community at any general or special election. (Added by Stats. 1963, Ch. 1812.)
  164. 33640.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may issue bonds, including refunding bonds, if the legislative body approves.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33640. From time to time an agency may, subject to the approval of the legislative body, issue bonds for any of its corporate purposes. An agency may also, subject to the approval of the legislative body, issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. (Amended by Stats. 1977, Ch. 797. See provisions for inoperation in subd. (a) of Section 34189.)
  165. 33641.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may issue whatever bonds it determines, with principal and interest payable from listed revenue or funding sources.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33641. An agency may issue any types of bonds which it may determine, including bonds on which the principal and interest are payable: (a) Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with the proceeds together with financial assistance from the state or federal government in aid of the projects. (b) Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds. (c) In whole or in part from taxes allocated to, and paid into a special fund of, the agency pursuant to the provisions of Article 6 (commencing with Section 33670). (d) In whole or in part from taxes imposed pursuant to Section 7280.5 of the Revenue and Taxation Code which are pledged therefor. (e) From its revenues generally. (f) From any contributions or other financial assistance from the state or federal government. (g) By any combination of these methods. (Amended by Stats. 1993, Ch. 942, Sec. 32. Effective January 1, 1994. See provisions for inoperation in subd. (a) of Section 34189.)
  166. 33641.5.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    This section defines key bond-pledge terms and says a redevelopment agency’s pledge of collateral is valid, binding, and enforceable according to the pledge document.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33641.5. (a) As used in this section: (1) “Collateral” means any revenues, moneys, accounts receivable, contracts rights, and other rights to payment of whatever kind or other property subject to the pledge provided for or created in a pledge document. (2) “Pledge document” means the resolution, indenture, trust agreement, loan agreement, lease, installment sale agreement, reimbursement agreement, pledge agreement, or similar agreement in which the pledge is provided for or created. (3) “Pledge” means a committment of, by the grant of a lien on and a security interest in, the collateral referred to in a pledge document. (b) A pledge of collateral by a redevelopment agency to secure, directly or indirectly, the payment of the principal or redemption price of, or interest on, any bonds, or any reimbursement agreement with any provider of credit to bonds, which is issued by or entered into by an agency shall be valid and binding in accordance with the terms of the pledge document from the time the pledge is made for the benefit of pledgees and successors thereto. The collateral shall immediately be subject to the pledge, and the pledge shall constitute a lien and security interest which immediately shall attach to the collateral and be effective, binding, and enforceable against the pledgor, its successors, purchasers of the collateral, creditors, and all others asserting the rights therein, to the extent set forth, and in accordance with, the pledge document irrespective of whether those parties have notice of the pledge and without the need for any physical delivery, recordation, filing, or further act. (Added by Stats. 1989, Ch. 1264, Sec. 8.)
  167. 33642.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    These bonds may be additionally secured by revenues, mortgages or deeds of trust on redevelopment project or other agency property, or by pledged taxes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33642. Any of such bonds may be additionally secured by a pledge of any revenues or by an encumbrance by mortgage, deed of trust, or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subdivision (c) of Section 33641, or by any combination thereof. (Added by Stats. 1963, Ch. 1812.)
  168. 33643.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agency members and people who execute the bonds are not personally liable on those bonds just because the bonds were issued.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33643. Neither the members of an agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. (Added by Stats. 1963, Ch. 1812.)
  169. 33644.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Agency bonds and other agency obligations are not debts of the community, the State, or its political subdivisions, and those public entities are not liable for 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33644. The bonds and other obligations of any agency are not a debt of the community, the State, or any of its political subdivisions and neither the community, the State, nor any of its political subdivisions is liable on them, nor in any event shall the bonds or obligations be payable out of any funds or properties other than those of the agency; and such bonds and other obligations shall so state on their face. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. (Added by Stats. 1963, Ch. 1812.)
  170. 33645.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The agency may authorize bonds by resolution, and the governing bond documents may set many bond terms, including interest, maturity, redemption, payment, and priority.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33645. The agency may authorize bonds by resolution. The resolution, trust indenture, or mortgage may provide for: (a) The issuance of the bonds in one or more series. (b) The date the bonds shall bear. (c) The maturity dates of the bonds. (d) The rate or maximum rate of interest on the indebtedness, which shall not exceed the maximum rate permitted by Section 53531 of the Government Code, and need not be recited if the rate does not exceed 4 1/2 percent. The interest may be fixed or variable and may be simple or compound. The interest shall be payable at the time or times determined by the agency. (e) The denomination of the bonds. (f) Their form, either coupon or registered. (g) The conversion or registration privileges carried by the bonds. (h) The rank or priority of the bonds. (i) The manner of their execution. (j) The medium of payment. (k) The place of payment. ( l) The terms of redemption with or without premium to which the bonds are subject. (m) The maximum amount of bonded indebtedness in compliance with, and not to exceed, the limit specified in the redevelopment plan as required in Section 33334.1. The resolution, trust indenture, or mortgage shall provide that tax-increment funds allocated to an agency pursuant to Section 33670 shall not be payable to a trustee on account of any issued bonds when sufficient funds have been placed with the trustee to redeem all outstanding bonds of the issue. (Amended by Stats. 1987, Ch. 212, Sec. 2. Effective July 23, 1987. See provisions for inoperation in subd. (a) of Section 34189.)
  171. 33645.5.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may charge a higher interest rate on certain federal-related debt if the federal government sets that 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33645.5. Notwithstanding Section 33645 or any other provision of law, the rate of interest on any indebtedness or obligation of an agency which is payable to the federal government or any agency or instrumentality thereof or on any such indebtedness or obligation guaranteed by the federal government or any instrumentality thereof may be at a rate higher than the limitation established in Section 33645, or any other law, if such rate is the rate established by the federal government or any instrumentality thereof. Any such indebtedness or obligation shall be in such form and denomination, have such maturity, and be subject to such conditions as may be prescribed by the federal government or agency or instrumentality thereof. (Added by Stats. 1979, Ch. 29.)
  172. 33646.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The section allows agency bonds to be sold under specified price, notice, and sale-method 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33646. The bonds may be sold at no less than par less a discount of not to exceed 5 percent, at public sale held after notice published once at least five days prior to the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the county. The bonds may be sold at not less than par to the federal government at private sale without any advertisement. The amendment to this section made at the 1969 Regular Session of the Legislature shall be applicable to bonds of a redevelopment agency which have been authorized by the agency prior to the effective date of the amendment but which have not been issued prior to such date. (Amended by Stats. 1969, Ch. 600.)
  173. 33647.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    A bond or coupon signature remains effective even if the agency member or officer leaves office before the bonds are delivered.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33647. If any agency member or officer whose signature appears on bonds or coupons ceases to be such member or officer before delivery of the bonds, his signature is as effective as if he had remained in office. (Added by Stats. 1963, Ch. 1812.)
  174. 33648.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Bonds issued under this part are fully negotiable.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33648. Bonds issued pursuant to this part are fully negotiable. (Added by Stats. 1963, Ch. 1812.)
  175. 33649.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    If a bond recites that it was issued by the agency to help finance a redevelopment project, that bond is conclusively treated as issued for a redevelopment project, and the project is conclusively treated as planned, located, and constructed 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33649. In any action or proceedings involving the validity or enforceability of any bonds or their security, any such bond reciting in substance that it has been issued by the agency to aid in financing a redevelopment project is conclusively deemed to have been issued for a redevelopment project and the project is conclusively deemed to have been planned, located, and constructed pursuant to this part. (Added by Stats. 1963, Ch. 1812.)
  176. 33650.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may exercise the powers listed in Sections 33651 to 33659 when issuing bonds, alongside its other powers.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33650. In connection with the issuance of bonds, and in addition to its other powers, an agency has the powers prescribed in Sections 33651 to 33659, inclusive. (Added by Stats. 1963, Ch. 1812.)
  177. 33651.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may pledge certain rents, fees, or revenues, and may encumber its real or personal 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33651. An agency may: (a) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence. (b) Encumber by mortgage, deed of trust, or otherwise all or any part of its real or personal property, then owned or thereafter acquired. (Added by Stats. 1963, Ch. 1812.)
  178. 33652.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may include covenants limiting how it pledges revenues, encumbers property, allows liens, disposes of redevelopment projects, or takes on additional debts or 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33652. An agency may covenant: (a) Against pledging all or any part of its rents, fees, and revenues. (b) Against encumbering all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence. (c) Against permitting any lien on such revenues or property. (d) With respect to limitations on its right to sell, lease, or otherwise dispose of all or part of any redevelopment project. (e) As to what other, or additional debts or obligations it may incur. (Added by Stats. 1963, Ch. 1812.)
  179. 33653.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may make covenants about issued bonds, replace lost or damaged bonds, covenant not to extend bond or interest payment times, and redeem bonds with set redemption 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33653. An agency may: (a) Covenant as to the bonds to be issued, as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the bond proceeds. (b) Provide for the replacement of lost, destroyed, or mutilated bonds. (c) Covenant against extending the time for the payment of its bonds or interest. (d) Redeem the bonds, covenant for their redemption, and provide the redemption terms and conditions. (Added by Stats. 1963, Ch. 1812.)
  180. 33654.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may make covenants about redevelopment project sale or lease terms and create or authorize special funds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33654. An agency may: (a) Covenant as to the consideration or rents and fees to be charged in the sale or lease of a redevelopment project, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to their use and disposition. (b) Create or authorize the creation of special funds for money held for redevelopment or other costs, debt service, reserves, or other purposes, and covenant as to the use and disposition of such money. (Added by Stats. 1963, Ch. 1812.)
  181. 33655.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may set procedures for changing or canceling contract terms with bondholders, including consent requirements and how consent is given.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33655. An agency may prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds whose holders are required to consent thereto, and the manner in which such consent may be given. (Added by Stats. 1963, Ch. 1812.)
  182. 33656.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may make covenants about how it uses, maintains, replaces, insures, and handles insurance money for its real or personal 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33656. An agency may covenant: (a) As to the use of any or all of its real or personal property. (b) As to the maintenance of its real and personal property, its replacement, the insurance to be carried on it, and the use and disposition of insurance money. (Added by Stats. 1963, Ch. 1812.)
  183. 33657.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may set terms about default, maturity, and waiver rules for its bonds and 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33657. An agency may: (a) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation. (b) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived. (Added by Stats. 1963, Ch. 1812.)
  184. 33658.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may give a trustee or bondholders rights to enforce bonds and related covenants, and may set trustee powers, duties, liabilities, and enforcement 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33658. An agency may: (a) Vest in a trustee or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds. (b) Vest in a trustee the right, in the event of a default by the agency, to take possession of all or part of any redevelopment project, to collect the rents and revenues arising from it and to dispose of such money pursuant to the agreement of the agency with the trustee. (c) Provide for the powers and duties of a trustee and limit his liabilities. (d) Provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds. (Added by Stats. 1963, Ch. 1812.)
  185. 33659.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may exercise certain bond-related powers and make additional covenants and acts to secure its bonds or improve their marketability.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33659. An agency may: (a) Exercise all or any part or combination of the powers granted in Sections 33651 to 33658 inclusive. (b) Make covenants other than and in addition to the covenants expressly authorized in such sections of like or different character. (c) Make such covenants and to do any and all such acts and things as may be necessary, convenient, or desirable to secure its bonds, or, except as otherwise provided in this part, as will tend to make the bonds more marketable notwithstanding that such covenants, acts, or things may not be enumerated in this part. (Added by Stats. 1963, Ch. 1812.)
  186. 33660.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An obligee may sue, seek mandamus, or seek an injunction to force the agency to carry out its contract duties and to stop unlawful acts or violations of the obligee’s rights, subject to any contractual restrictions binding on the obligee.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33660. In addition to all other rights which may be conferred on him, and subject only to any contractual restrictions binding upon him, an obligee may: (a) By mandamus, suit, action, or proceeding, compel the agency and its members, officers, agents, or employees to perform each and every term, provision, and covenant contained in any contract of the agency with or for the benefit of the obligee, and require the carrying out of any or all such covenants and agreements of the agency and the fulfillment of all duties imposed upon it by this part. (b) By suit, action, or proceeding in equity, enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee. (Added by Stats. 1963, Ch. 1812.)
  187. 33661.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may give bondholders specific enforcement rights in its contracts, including court action after a stated default or event.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33661. By its resolution, trust indenture, mortgage, lease, or other contract, an agency may confer upon any obligee holding or representing a specified amount in bonds, the following rights upon the happening of an event or default prescribed in such resolution or instrument, to be exercised by suit, action, or proceeding in any court of competent jurisdiction: (a) To cause possession of all or part of any redevelopment project to be surrendered to any such obligee. (b) To obtain the appointment of a receiver of all or part of any redevelopment project of the agency and of the rents and profits from it. If a receiver is appointed, he may enter and take possession of the redevelopment project or any part of it, operate and maintain it, collect and receive all fees, rents, revenues, or other charges thereafter arising from it, and shall keep such money in separate accounts and apply it pursuant to the obligations of the agency as the court shall direct. (c) To require the agency and its members and employees to account as if it and they were the trustees of an express trust. (Added by Stats. 1963, Ch. 1812.)
  188. 33662.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    The bonds, and the interest and income from them, are exempt from all taxes.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33662. The bonds are issued for an essential public and governmental purpose, and together with interest on them and income from them are exempt from all taxes. (Added by Stats. 1963, Ch. 1812.)
  189. 33663.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    Several public and private actors may invest funds in agency bonds or other agency obligations, and those securities are authorized for public 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33663. Notwithstanding any restrictions on investments contained in any laws, the state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, conservators, trustees, and other fiduciaries may legally invest any sinking funds, money, or other funds belonging to them or within their control in any bonds or other obligations issued by an agency. Such bonds and other obligations are authorized security for all public deposits. It is one of the purposes of this part to authorize any persons, firms, corporations, associations, political subdivisions, bodies and officers, public and private, to use any funds owned or controlled by them, including, but not limited to, sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations. This part does not relieve any person, firm, or corporation from any duty of exercising reasonable care in selecting securities. (Amended by Stats. 1979, Ch. 730.)
  190. 33664.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    An agency may buy back its bonds only under specified price and approval conditions, then must report the purchase and cancel the bonds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33664. (a) An agency may purchase its bonds as follows: (1) At a price not more than the sum of their principal amount and accrued interest plus (if the bonds purchased are callable at a premium) an amount not to exceed the premium that would be applicable if the bonds were purchased on the next following call date. (2) At a higher price if a majority of the members of the agency determine, based upon substantial evidence, that under then prevailing conditions the purchase would be of financial advantage to the agency. Prior to purchasing bonds pursuant to this paragraph, the agency shall adopt a resolution designating paragraph (1), (2), or (3) of subdivision (b) as the financial advantage accruing to the agency from the bond purchase or specifying in detail any alternative basis for the agency’s finding of financial advantage. Unless the legislative body has designated itself as the redevelopment agency, the agency shall additionally obtain the approval of the legislative body for repurchase of agency bonds under this subdivision and, if applicable, under Section 33640. A resolution of the legislative body approving repurchase of agency bonds under this subdivision shall be operative only for the period specified in the resolution of the legislative body, not to exceed five years. However, the authorization may be renewed by an appropriate resolution of the legislative body and the expiration of the legislative body’s resolution shall in no way impair the obligation of bonds previously issued by the agency to refund bonds purchased under this subdivision. (b) “Financial advantage,” as used in subdivision (a), includes, but is not limited to, each of the following: (1) A reduction in the aggregate debt service on the agency’s outstanding bonds. (2) The creation of opportunities to more efficiently leverage revenues of the agency. (3) Cancellation of agency bonds subject to adverse provisions of, or tax consequences under, the laws of the United States. (c) Any bond purchases made pursuant to this section shall be (1) identified in the agency’s annual fiscal year report required by Section 33080.1 for the fiscal year in which the purchase was made and (2) reflected in the agency’s statement of indebtedness filed pursuant to Section 33675. (d) Within two weeks following a purchase of bonds pursuant to paragraph (2) of subdivision (a), the redevelopment agency shall transmit to the California Debt Advisory Commission a copy of the agency’s resolution specifying the financial advantage to the agency in making the purchase, together with a covering letter that includes all of the following information respecting the bonds purchased: (1) The date of the agency’s resolution authorizing the bonds, the date of issuance of the bonds, and any other information necessary to identify the particular issuance or series of bonds. (2) The terms of redemption to which the bonds were originally subject. (3) The denominations and interest rates of the bonds purchased. (4) The purchase price. (e) All bonds purchased pursuant to this section shall be canceled. (Amended by Stats. 1987, Ch. 365, Sec. 1.)
  191. 33665.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. )

    Verify source ↗

    All provisions in this article are limited by Article 3 starting at Section 33620.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 5. Agency Bonds [33640 - 33665] ( Article 5 added by Stats. 1963, Ch. 1812. ) ## 33665. All of the provisions of this article are subject to the limitations of Article 3 (commencing with Section 33620) of this chapter. (Added by Stats. 1963, Ch. 1812.)
  192. 33670.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    A redevelopment plan may include a rule dividing project property taxes between taxing agencies and a redevelopment agency special fund, subject to 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33670. Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in a redevelopment project each year by or for the benefit of the State of California, any city, county, city and county, district, or other public corporation (hereinafter sometimes called “taxing agencies”) after the effective date of the ordinance approving the redevelopment plan, shall be divided as follows: (a) That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project as shown upon the assessment roll used in connection with the taxation of that property by the taxing agency, last equalized prior to the effective date of the ordinance, shall be allocated to and when collected shall be paid to the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which that territory has been annexed or otherwise included after that effective date, the assessment roll of the county last equalized on the effective date of the ordinance shall be used in determining the assessed valuation of the taxable property in the project on the effective date); and (b) Except as provided in subdivision (e) or in Section 33492.15, that portion of the levied taxes each year in excess of that amount shall be allocated to and when collected shall be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless and until the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in that project as shown by the last equalized assessment roll referred to in subdivision (a), all of the taxes levied and collected upon the taxable property in the redevelopment project shall be paid to the respective taxing agencies. When the loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the redevelopment project shall be paid to the respective taxing agencies as taxes on all other property are paid. (c) In any redevelopment project in which taxes have been divided pursuant to this section prior to 1968, located within any county with total assessed valuation subject to general property taxes for the 1967–68 fiscal year between two billion dollars ($2,000,000,000) and two billion one hundred million dollars ($2,100,000,000), if the total assessed valuation of taxable property within the redevelopment project for the 1967–68 fiscal year was reduced, the total sum of the assessed value of taxable property used as the basis for apportionment of taxes under subdivision (a) shall be reduced by 10 percent for the 1968–69 fiscal year and fiscal years thereafter. (d) For the purposes of this section, taxes shall not include taxes from the supplemental assessment roll levied pursuant to Chapter 3.5 (commencing with Section 75) of Part 0.5 of Division 1 of the Revenue and Taxation Code for the 1983–84 fiscal year. (e) That portion of the taxes in excess of the amount identified in subdivision (a) which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness for the acquisition or improvement of real property shall be allocated to, and when collected shall be paid into, the fund of that taxing agency. This subdivision shall only apply to taxes levied to repay bonded indebtedness approved by the voters of the taxing agency on or after January 1, 1989. (Amended by Stats. 1993, Ch. 944, Sec. 5. Effective October 8, 1993. See provisions for inoperation in subd. (a) of Section 34189.)
  193. 33670.5.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    When money is allocated between agencies, the allocation must follow the people’s intent for Section 16 of Article XVI, and comparisons of assessed values across different years must use the same assessment ratio.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33670.5. Section 33670 fulfills the intent of Section 16 of Article XVI of the Constitution. To further carry out the intent of Section 16 of Article XVI of the Constitution, whenever that provision requires the allocation of money between agencies such allocation shall be consistent with the intent of the people when they approved Section 16 of Article XVI of the Constitution. Whenever money is allocated between agencies by means of a comparison of assessed values for different years, that comparison shall be based on the same assessment ratio. When there are different assessment ratios for the years compared, the assessed value shall be changed so that it is based on the same assessment ratio for the years so compared. (Added by Stats. 1978, Ch. 1207.)
  194. 33670.8.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    This section changes how certain redevelopment-area taxes are allocated in Santa Cruz and Watsonville, and sets reporting, reimbursement, and election rules tied to those projects.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33670.8. (a) With respect to the allocation of taxes pursuant to Section 33670 in redevelopment project areas within the incorporated City of Santa Cruz, which were already approved on October 17, 1989, the otherwise applicable provisions of this part shall be modified as specified in this subdivision. For the purpose of determining the portion of taxes to be paid annually to the Redevelopment Agency of the City of Santa Cruz pursuant to Sections 33328, 33670, and 33675 for any redevelopment project which was approved on or before October 17, 1989, “assessment roll ... last equalized” and “base-year assessment roll” mean the last equalized assessment roll determined pursuant to subdivision (a) of Section 33670 reduced by the same amount as the amount of reduction in the current assessment roll determined pursuant to Section 170 of the Revenue and Taxation Code. (b) With respect to the allocation of taxes pursuant to Section 33670 in redevelopment project areas within the incorporated City of Watsonville, which were already approved on October 17, 1989, the otherwise applicable provisions of this part shall be modified as specified in this subdivision. For the purpose of determining the portion of taxes to be paid annually to the Redevelopment Agency of the City of Watsonville pursuant to Sections 33328, 33670, and 33675 for any redevelopment project which was approved on or before October 17, 1989, “assessment roll ... last equalized” and “base-year assessment roll” mean the last equalized assessment roll determined pursuant to subdivision (a) of Section 33670 reduced by the same amount as the amount of reduction in the current assessment roll determined pursuant to Section 170 of the Revenue and Taxation Code. (c) In claiming an allocation of taxes pursuant to Section 33675, as adjusted pursuant to subdivision (b), the redevelopment agency of the City of Watsonville shall consider the economic impact of the allocation on other agencies which have sustained substantial disaster damage and shall negotiate and enter into an agreement with the County of Santa Cruz to avoid further economic hardship. (d) Within 30 days after receipt of a notice from the Assessor of the County of Santa Cruz establishing the adjustment in the assessment roll pursuant to subdivision (b), the Redevelopment Agency of the City of Watsonville may elect not to be subject to this section by giving written notice of its decision to the County of Santa Cruz. Notwithstanding an election by the Redevelopment Agency of the City of Watsonville not to be subject to this section pursuant to this subdivision, it shall still reimburse the County of Santa Cruz for its cost of revising the property tax assessment rolls and allocations. (e) Subdivisions (a) and (b) shall apply to allocation of taxes levied on the 1990 and subsequent equalized assessment rolls, upon the request of the redevelopment agencies of the Cities of Santa Cruz and Watsonville, and those agencies shall reimburse the County of Santa Cruz for its cost of revising the property tax assessment rolls and allocations. (f) (1) The county auditor shall certify to the director of finance of each city which includes a redevelopment project subject to this section when the total sum of the assessed value of the taxable property in each redevelopment project subject to this section as shown upon each current year’s equalized assessment roll becomes equal to the total sum of the assessed value of the taxable property in each redevelopment project as shown upon the assessment roll last equalized before October 17, 1989, adjusted by the change in the Consumer Price Index for the San Francisco/Oakland Metropolitan Area between 1989 and the date of the certification pursuant to this subdivision. On the July 1 following the date of certification and each July 1 thereafter, the county auditor shall increase the total sum of the assessed value of the taxable property in each redevelopment project as shown upon the assessment roll adjusted pursuant to subdivision (a) or (b) by 10 percent of the difference between the total sum of the assessed value of the taxable property in each redevelopment project determined pursuant to subdivision (a) of Section 33670 and the total sum of the assessed value of the taxable property in each redevelopment project as adjusted pursuant to subdivision (a) or (b), until the two total assessed values are equal, and shall report this adjusted value to the other county officials charged with the responsibility of allocating taxes pursuant to Sections 33670 and 33675, who shall use this assessed value in determining the portion of taxes to be paid annually to the redevelopment agency subject to this section. (2) For purposes of this subdivision only, in the event that any redevelopment project area within the incorporated area of the City of Santa Cruz already approved on October 17, 1989, is amended to add territory to the project area, the assessed value of taxable property in the territory added shall be computed separately and the county assessor shall not take the assessed value into account in determining when the total sum of the assessed value of the taxable property in the redevelopment project becomes equal to the total sum of the assessed value of the taxable property as shown on the assessment roll last equalized prior to October 17, 1989, as adjusted pursuant to this subdivision. (g) With respect to an area added to a redevelopment project by the City of Santa Cruz or the City of Watsonville pursuant to Sections 33458.5 and 33477, the terms “assessment roll” and “last equalized assessment roll” as used in Section 33670 shall mean and refer to the assessment roll as reduced in accordance with the provisions of subdivision (b) of Section 170 of the Revenue and Taxation Code. (Amended by Stats. 1991, Ch. 78, Sec. 1.)
  195. 33670.9.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    The Orange County Development Agency must transfer $4 million a year to the County of Orange’s general fund for 20 years, in two equal payments each year, and it may not take on obligations that would prevent those transfers. The section also says money allocated for low- and moderate-income housing may not be used for this purpose, and the section does not take effect until one of two stated conditions occurs.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33670.9. (a) For a period of 20 years commencing on July 1, 1996, the Orange County Development Agency shall transfer to the general fund of the County of Orange an amount equal to four million dollars ($4,000,000) a year in two equal installments on June 15 and February 15 of each year. The Orange County Development Agency shall not incur any obligation with respect to loans, advances of money, or indebtedness, whether funded, refunded, assumed, or otherwise, that would impair its ability to make the foregoing transfers or that would cause the foregoing transfers to violate Section 16 of Article XVI of the California Constitution or subdivision (b) of Section 33670. Funds allocated to low- and moderate-income housing pursuant to Section 33334.2 shall not be used for purposes of this section. (b) This section shall not take effect unless and until (1) a plan of adjustment is confirmed in Case No. SA-94-22272-JR in the United States Bankruptcy Court for the Central District of California or (2) a trustee is appointed pursuant to Chapter 10 (commencing with Section 30400) of Division 3 of Title 3 of the Government Code. (Added by Stats. 1995, Ch. 745, Sec. 4. Effective January 1, 1996. Section conditionally operative by its own provisions.)
  196. 33671.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    A redevelopment agency may irrevocably pledge certain taxes to pay principal and interest on loans, advances, or indebtedness used to finance or refinance a redevelopment 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33671. In any redevelopment plan or in the proceedings for the advance of moneys, or making of loans, or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project, the portion of taxes mentioned in subdivision (b) of Section 33670 may be irrevocably pledged for the payment of the principal of and interest on such loans, advances, or indebtedness. (Added by Stats. 1963, Ch. 1812.)
  197. 33671.5.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    If a redevelopment agency expressly pledges certain taxes to secure its obligations, that pledge gets priority over other claims to those taxes unless there was an earlier express pledge.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33671.5. Whenever any redevelopment agency is authorized to, and does, expressly pledge taxes allocated to, and paid into a special fund of, the agency pursuant to Section 33670, to secure, directly or indirectly, the obligations of the agency including, but not limited to, bonded indebtedness and agreements pursuant to subdivision (b) of Section 33401, then that pledge heretofore or hereafter made shall have priority over any other claim to those taxes not secured by a prior express pledge of those taxes. (Added by Stats. 1989, Ch. 1264, Sec. 9.)
  198. 33672.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    This section defines “taxes” for this article to include all ad valorem levies on land or real property, but exclude certain deposits into specified compensation funds.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33672. As used in this article the word “taxes” shall include, but without limitation, all levies on an ad valorem basis upon land or real property. As used in this article, “taxes” shall not include any amounts of money deposited in a Sales and Use Tax Compensation Fund pursuant to Section 97.68 of the Revenue and Taxation Code or a Vehicle License Fee Property Tax Compensation Fund pursuant to Section 97.70 of the Revenue and Taxation Code. (Amended by Stats. 2004, Ch. 211, Sec. 14. Effective August 5, 2004.)
  199. 33672.5.

    ## 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    When a redevelopment agency asks in writing, the county auditor must prepare and deliver yearly tax statements and provide clarification on request; the agency must reimburse the auditor’s actual and reasonable 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 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33672.5. (a) Upon the written request of a redevelopment agency for the purpose of assisting the agency, the county auditor or other officer responsible for allocation of tax revenues pursuant to Section 33670 shall prepare a statement each fiscal year, commencing with the 1992–93 fiscal year, for each redevelopment project area and each area added to a redevelopment project area by amendment, which provides for all the following: (1) The total taxable assessed value of secured, unsecured, and state-assessed railroad and nonoperating, nonunitary property. (2) The total taxable assessed value used by the county auditor to determine the division of taxes required by subdivision (a) of Section 33670. (3) The total taxable assessed value used by the county auditor to determine the division of taxes required by subdivision (b) of Section 33670. (4) The estimated amount of taxes calculated pursuant to subdivision (b) of Section 33670, as adjusted by subdivision (e) of Section 33670 and subdivision (a) of Section 33676. The statement shall specify the gross amount of tax-increment revenue allocated to the agency and any payments to other taxing entities that are deducted from the gross amount allocated. (5) The estimated amount of taxes to be allocated pursuant to subdivisions (c) and (d) of Section 100 of the Revenue and Taxation Code. (b) If requested to provide a statement pursuant to subdivision (a), the county auditor shall deliver each statement to the respective redevelopment agencies receiving property tax revenue on or before November 30 of each year. (c) (1) Upon the request of a redevelopment agency pursuant to subdivision (a), and concurrently with the disbursement of those property tax revenues, the county auditor shall prepare a statement which provides the amount of disbursement made pursuant to all of the following: (A) Section 33670. (B) Section 100 of the Revenue and Taxation Code. (C) Supplemental property tax revenues allocated pursuant to Sections 75 to 75.80 of the Revenue and Taxation Code, inclusive. (2) The statement provided pursuant to this subdivision shall also include corrections, updates, or adjustments, if any, to the property tax revenue amounts and taxable assessed values reported pursuant to subdivision (a) of Section 33670. (d) The county auditor shall also provide to a redevelopment agency, no later than 30 days after the receipt of a written request from that agency, information or clarification with respect to any statement issued pursuant to this section. (e) If any redevelopment agency requests a statement or information pursuant to this section, the agency shall reimburse the county auditor for all actual and reasonable costs incurred. (Amended by Stats. 1999, Ch. 442, Sec. 6. Effective January 1, 2000.)
  200. 33673.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. )

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    Leased property in a redevelopment project must be taxed like privately owned property, and the lease or contract must require the lessee to pay tax on the entire assessed value, not just the leasehold interest.

    ## Health and Safety Code - HSC ## DIVISION 24. COMMUNITY DEVELOPMENT AND HOUSING [33000 - 37964] ( Heading of Division 24 amended by Stats. 1975, Ch. 1137. ) ## PART 1. COMMUNITY REDEVELOPMENT LAW [33000 - 33855] ( Part 1 repealed and added by Stats. 1963, Ch. 1812. ) ## CHAPTER 6. Financial Provisions [33600 - 33692] ( Chapter 6 added by Stats. 1963, Ch. 1812. ) ## ARTICLE 6. Taxation [33670 - 33679] ( Article 6 added by Stats. 1963, Ch. 1812. ) ## 33673. Whenever property in any redevelopment project has been redeveloped and thereafter is leased by the redevelopment agency to any person or persons or whenever the agency leases real property in any redevelopment project to any person or persons for redevelopment, the property shall be assessed and taxed in the same manner as privately owned property, and the lease or contract shall provide that the lessee shall pay taxes upon the assessed value of the entire property and not merely the assessed value of his or its leasehold interest. (Added by Stats. 1963, Ch. 1812.)

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