State Codes and Statutes

Statutes > California > Hsc > 33430-33449

HEALTH AND SAFETY CODE
SECTION 33430-33449



33430.  An agency may, within the survey area or for purposes of
redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage,
deed of trust, or otherwise, or otherwise dispose of any real or
personal property or any interest in property.



33431.  Any lease or sale made pursuant to Section 33430 may be made
without public bidding but only after a public hearing, notice of
which shall be given by publication for not less than once a week for
two weeks in a newspaper of general circulation published in the
county in which the land lies.



33432.  Except as provided in Article 9 (commencing with Section
33410) of this part, an agency shall lease or sell all real property
acquired by it in any project area, except property conveyed by it to
the community or any other public body. Any such lease or sale shall
be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan.



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



33434.  If any property acquired in whole or in part from the
redevelopment revolving fund is to be sold or leased by the agency,
the sale or lease shall be first approved by the legislative body by
resolution adopted after public hearing. Notice of the time and place
of the hearing shall be published once in the official newspaper of
the community at least one week prior to the hearing. The resolution
shall be adopted by a majority vote unless the legislative body has
provided by ordinance for a two-thirds vote for such purpose.



33435.  (a) Agencies shall obligate lessees and purchasers of real
property acquired in redevelopment projects and owners of property
improved as a part of a redevelopment project to refrain from
restricting the rental, sale, or lease of the property on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code. All deeds, leases,
or contracts for the sale, lease, sublease, or other transfer of any
land in a redevelopment project shall contain or be subject to the
nondiscrimination or nonsegregation clauses hereafter prescribed.
   (b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).



33436.  Express provisions shall be included in all deeds, leases,
and contracts that the agency proposes to enter into with respect to
the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of any land in a redevelopment project in substantially the
following form:
   (a) (1) In deeds the following language shall appear--"The grantee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through them, that there shall be no discrimination against
or segregation of, any person or group of persons on account of any
basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the
sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment
of the premises herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any
practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
   (2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
   (b) (1) In leases the following language shall appear--"The lessee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon
and subject to the following conditions:
   That there shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m)
and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the Government Code, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein
leased."
   (2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
   (c) In contracts entered into by the agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by the
agency within any survey area or redevelopment project the foregoing
provisions in substantially the forms set forth shall be included and
the contracts shall further provide that the foregoing provisions
shall be binding upon and shall obligate the contracting party or
parties and any subcontracting party or parties, or other transferees
under the instrument.



33437.  An agency shall obligate lessees or purchasers of property
acquired in a redevelopment project to:
   (a) Use the property for the purpose designated in the
redevelopment plans.
   (b) Begin the redevelopment of the project area within a period of
time which the agency fixes as reasonable.
   (c) Comply with the covenants, conditions, or restrictions that
the agency deems necessary to prevent speculation or excess
profittaking in undeveloped land, including right of reverter to the
agency. Covenants, conditions, and restrictions imposed by an agency
may provide for the reasonable protection of lenders.
   (d) Comply with other conditions which the agency deems necessary
to carry out the purposes of this part.



33437.5.  It is the intent of the Legislature that property acquired
from a redevelopment agency pursuant to a redevelopment plan not be
the subject of real estate speculation.



33438.  The agency may provide in the contract that any of the
obligations of the purchaser are covenants or conditions running with
the land, the breach of which shall cause the fee to revert to the
agency.


33439.  The agency shall retain controls and establish restrictions
or covenants running with land sold or leased for private use for
such periods of time and under such conditions as are provided in the
redevelopment plan. The establishment of such controls is a public
purpose under the provisions of this part.


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.



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.



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.



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.




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.



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.



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).



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.



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.



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.


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.


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.


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.


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.



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.


State Codes and Statutes

Statutes > California > Hsc > 33430-33449

HEALTH AND SAFETY CODE
SECTION 33430-33449



33430.  An agency may, within the survey area or for purposes of
redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage,
deed of trust, or otherwise, or otherwise dispose of any real or
personal property or any interest in property.



33431.  Any lease or sale made pursuant to Section 33430 may be made
without public bidding but only after a public hearing, notice of
which shall be given by publication for not less than once a week for
two weeks in a newspaper of general circulation published in the
county in which the land lies.



33432.  Except as provided in Article 9 (commencing with Section
33410) of this part, an agency shall lease or sell all real property
acquired by it in any project area, except property conveyed by it to
the community or any other public body. Any such lease or sale shall
be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan.



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



33434.  If any property acquired in whole or in part from the
redevelopment revolving fund is to be sold or leased by the agency,
the sale or lease shall be first approved by the legislative body by
resolution adopted after public hearing. Notice of the time and place
of the hearing shall be published once in the official newspaper of
the community at least one week prior to the hearing. The resolution
shall be adopted by a majority vote unless the legislative body has
provided by ordinance for a two-thirds vote for such purpose.



33435.  (a) Agencies shall obligate lessees and purchasers of real
property acquired in redevelopment projects and owners of property
improved as a part of a redevelopment project to refrain from
restricting the rental, sale, or lease of the property on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code. All deeds, leases,
or contracts for the sale, lease, sublease, or other transfer of any
land in a redevelopment project shall contain or be subject to the
nondiscrimination or nonsegregation clauses hereafter prescribed.
   (b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).



33436.  Express provisions shall be included in all deeds, leases,
and contracts that the agency proposes to enter into with respect to
the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of any land in a redevelopment project in substantially the
following form:
   (a) (1) In deeds the following language shall appear--"The grantee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through them, that there shall be no discrimination against
or segregation of, any person or group of persons on account of any
basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the
sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment
of the premises herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any
practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
   (2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
   (b) (1) In leases the following language shall appear--"The lessee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon
and subject to the following conditions:
   That there shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m)
and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the Government Code, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein
leased."
   (2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
   (c) In contracts entered into by the agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by the
agency within any survey area or redevelopment project the foregoing
provisions in substantially the forms set forth shall be included and
the contracts shall further provide that the foregoing provisions
shall be binding upon and shall obligate the contracting party or
parties and any subcontracting party or parties, or other transferees
under the instrument.



33437.  An agency shall obligate lessees or purchasers of property
acquired in a redevelopment project to:
   (a) Use the property for the purpose designated in the
redevelopment plans.
   (b) Begin the redevelopment of the project area within a period of
time which the agency fixes as reasonable.
   (c) Comply with the covenants, conditions, or restrictions that
the agency deems necessary to prevent speculation or excess
profittaking in undeveloped land, including right of reverter to the
agency. Covenants, conditions, and restrictions imposed by an agency
may provide for the reasonable protection of lenders.
   (d) Comply with other conditions which the agency deems necessary
to carry out the purposes of this part.



33437.5.  It is the intent of the Legislature that property acquired
from a redevelopment agency pursuant to a redevelopment plan not be
the subject of real estate speculation.



33438.  The agency may provide in the contract that any of the
obligations of the purchaser are covenants or conditions running with
the land, the breach of which shall cause the fee to revert to the
agency.


33439.  The agency shall retain controls and establish restrictions
or covenants running with land sold or leased for private use for
such periods of time and under such conditions as are provided in the
redevelopment plan. The establishment of such controls is a public
purpose under the provisions of this part.


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.



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.



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.



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.




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.



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.



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).



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.



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.



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.


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.


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.


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.


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.



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.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Hsc > 33430-33449

HEALTH AND SAFETY CODE
SECTION 33430-33449



33430.  An agency may, within the survey area or for purposes of
redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage,
deed of trust, or otherwise, or otherwise dispose of any real or
personal property or any interest in property.



33431.  Any lease or sale made pursuant to Section 33430 may be made
without public bidding but only after a public hearing, notice of
which shall be given by publication for not less than once a week for
two weeks in a newspaper of general circulation published in the
county in which the land lies.



33432.  Except as provided in Article 9 (commencing with Section
33410) of this part, an agency shall lease or sell all real property
acquired by it in any project area, except property conveyed by it to
the community or any other public body. Any such lease or sale shall
be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan.



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



33434.  If any property acquired in whole or in part from the
redevelopment revolving fund is to be sold or leased by the agency,
the sale or lease shall be first approved by the legislative body by
resolution adopted after public hearing. Notice of the time and place
of the hearing shall be published once in the official newspaper of
the community at least one week prior to the hearing. The resolution
shall be adopted by a majority vote unless the legislative body has
provided by ordinance for a two-thirds vote for such purpose.



33435.  (a) Agencies shall obligate lessees and purchasers of real
property acquired in redevelopment projects and owners of property
improved as a part of a redevelopment project to refrain from
restricting the rental, sale, or lease of the property on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code. All deeds, leases,
or contracts for the sale, lease, sublease, or other transfer of any
land in a redevelopment project shall contain or be subject to the
nondiscrimination or nonsegregation clauses hereafter prescribed.
   (b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).



33436.  Express provisions shall be included in all deeds, leases,
and contracts that the agency proposes to enter into with respect to
the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of any land in a redevelopment project in substantially the
following form:
   (a) (1) In deeds the following language shall appear--"The grantee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through them, that there shall be no discrimination against
or segregation of, any person or group of persons on account of any
basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the
sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment
of the premises herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any
practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
   (2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
   (b) (1) In leases the following language shall appear--"The lessee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon
and subject to the following conditions:
   That there shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m)
and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the Government Code, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein
leased."
   (2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
   (c) In contracts entered into by the agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by the
agency within any survey area or redevelopment project the foregoing
provisions in substantially the forms set forth shall be included and
the contracts shall further provide that the foregoing provisions
shall be binding upon and shall obligate the contracting party or
parties and any subcontracting party or parties, or other transferees
under the instrument.



33437.  An agency shall obligate lessees or purchasers of property
acquired in a redevelopment project to:
   (a) Use the property for the purpose designated in the
redevelopment plans.
   (b) Begin the redevelopment of the project area within a period of
time which the agency fixes as reasonable.
   (c) Comply with the covenants, conditions, or restrictions that
the agency deems necessary to prevent speculation or excess
profittaking in undeveloped land, including right of reverter to the
agency. Covenants, conditions, and restrictions imposed by an agency
may provide for the reasonable protection of lenders.
   (d) Comply with other conditions which the agency deems necessary
to carry out the purposes of this part.



33437.5.  It is the intent of the Legislature that property acquired
from a redevelopment agency pursuant to a redevelopment plan not be
the subject of real estate speculation.



33438.  The agency may provide in the contract that any of the
obligations of the purchaser are covenants or conditions running with
the land, the breach of which shall cause the fee to revert to the
agency.


33439.  The agency shall retain controls and establish restrictions
or covenants running with land sold or leased for private use for
such periods of time and under such conditions as are provided in the
redevelopment plan. The establishment of such controls is a public
purpose under the provisions of this part.


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.



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.



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.



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.




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.



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.



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).



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.



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.



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.


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.


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.


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.


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.



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.