33330. Each agency shall prepare or cause to be prepared, and
approve, a redevelopment plan for each project area and for that
purpose may hold hearings and conduct examinations, investigations,
and other negotiations. The agency shall consult with the planning
commission of the community and with the project area committee, if
applicable, in preparing a redevelopment plan.
33331. Every redevelopment plan shall be consistent with the
community's general plan.
33331.4. (a) A redevelopment agency undertaking activities and
funding involving property described in paragraph (3) of subdivision
(c) of Section 33030 shall comply with all of the requirements of
this part, except as specifically modified in subdivision (b).
(b) In addition to the requirements specified in subdivision (a),
all of the following apply:
(1) The project shall include the replacement, on at least a
one-to-one basis, of all existing public housing units. The
replacement dwelling units shall be affordable to, and occupied by,
extremely low, very low, and lower income households as defined in
Sections 50079.5, 50105, and 50106, respectively, at the same or
lower income level as the household displaced from the public housing
units, for at least 55 years.
(2) The replacement dwelling units may be either publicly or
privately owned and shall meet all of the following requirements:
(A) Be located either inside the project area, or within a
five-mile radius of the parcel containing the public housing that is
being replaced.
(B) Shall be, for each income level described in paragraph (1), a
unit type and size as required by the displaced household. The
required size shall conform to the principles for a public housing
policy on occupancy, contained in the "Public Housing Occupancy
Guidebook," published by the United States Department of Housing and
Urban Development.
(C) Shall be affordable to each displaced household that chooses
to relocate to a replacement unit, such that the rent does not exceed
30 percent of the income of that household.
(c) No household shall be displaced under this section unless they
are given priority for a permanent replacement dwelling unit created
pursuant to this section at the initial time of relocation. This
subdivision does not apply if the household, having been given
priority for a replacement dwelling unit under this part, voluntarily
chooses not to accept the replacement dwelling unit.
(d) The project may include both of the following:
(1) The development of additional privately owned housing units
that will be available to and occupied by persons and families of low
or moderate income, as defined in Section 50093, including very low
income households, as defined in Section 50105, at an affordable
housing cost, as defined in Section 50025.5.
(2) Workforce market-rate housing units, retail services,
commercial, industrial, educational, recreational, and other uses as
may be appropriate to serve the residents of the area, and public
improvements inside or adjacent to the project area.
33331.5. Notwithstanding Section 33333.2 or 33333.6, when an agency
is required pursuant to Section 33690 to make a payment to the
county auditor for deposit in the county's Supplemental Educational
Revenue Augmentation Fund to be established in the county treasury
pursuant to paragraph (1) of subdivision (a) of Section 33690 and the
agency has allocated the full amount calculated pursuant to
paragraph (2) of subdivision (a) of Section 33690, the legislative
body may amend the redevelopment plan to extend the time limits
required pursuant to paragraphs (2) and (3) of subdivision (a) of
Section 33333.2 or subdivision (a) of Section 33333.6 by one year.
When amending a redevelopment plan pursuant to this section, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans, including, but not limited to, the requirement
to make the payment to the affected taxing entities required by
Section 33607.7.
33332. Every redevelopment plan shall contain a legal description
of the boundaries of the project area and shall be based upon the
preliminary plan.
33333. Every redevelopment plan shall show by diagram and in
general terms:
(a) The approximate amount of open space to be provided and street
layout.
(b) Limitations on type, size, height, number, and proposed use of
buildings.
(c) The approximate number of dwelling units.
(d) The property to be devoted to public purposes and the nature
of such purposes.
33333.2. (a) A redevelopment plan containing the provisions set
forth in Section 33670 shall contain all of the following
limitations. A redevelopment plan that does not contain the
provisions set forth in Section 33670 shall contain the limitations
in paragraph (4):
(1) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project, which may not exceed 20 years from the
adoption of the redevelopment plan, except by amendment of the
redevelopment plan as authorized by subparagraph (B). This limit,
however, shall not prevent agencies from incurring debt to be paid
from the Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the agency's housing obligations under
subdivision (a) of Section 33333.8. The loans, advances, or
indebtedness may be repaid over a period of time longer than this
time limit as provided in this section. No loans, advances, or
indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the agency beyond this time limitation.
This limit shall not prevent agencies from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness
is not increased and the time during which the indebtedness is to be
repaid is not extended beyond the time limit to repay indebtedness
required by this section.
(B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that (i) significant blight
remains within the project area; and (ii) this blight cannot be
eliminated without the establishment of additional debt. However,
this amended time limitation may not exceed 30 years from the
effective date of the ordinance adopting the redevelopment plan,
except as necessary to comply with subdivision (a) of Section
33333.8.
(2) A time limit, not to exceed 30 years from the adoption of the
redevelopment plan, on the effectiveness of the redevelopment plan.
After the time limit on the effectiveness of the redevelopment plan,
the agency shall have no authority to act pursuant to the
redevelopment plan except to pay previously incurred indebtedness and
to enforce existing covenants or contracts, unless the agency has
not completed its housing obligations pursuant to subdivision (a) of
Section 33333.8, in which case the agency shall retain its authority
to implement requirements under subdivision (a) of Section 33333.8,
including its ability to incur and pay indebtedness for this purpose,
and shall use this authority to complete these housing obligations
as soon as is reasonably possible.
(3) A time limit, not to exceed 45 years from the adoption of the
redevelopment plan, to repay indebtedness with the proceeds of
property taxes received pursuant to Section 33670. After the time
limit established pursuant to this paragraph, an agency may not
receive property taxes pursuant to Section 33670, except as necessary
to comply with subdivision (a) of Section 33333.8.
(4) A time limit, not to exceed 12 years from the adoption of the
redevelopment plan, for commencement of eminent domain proceedings to
acquire property within the project area. This time limitation may
be extended only by amendment of the redevelopment plan after the
agency finds, based on substantial evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
(b) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by this section.
(c) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to paragraphs (2)
and (3) of subdivision (a) by one year by adoption of an ordinance.
In adopting this ordinance, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(d) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
paragraphs (2) and (3) of subdivision (a) by the following:
(1) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to paragraph (2) of subdivision (a) is 10 years or less from
the last day of the fiscal year in which that payment is made.
(2) One year for each year in which a payment is made, if both of
the following apply:
(A) The time limit for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more
than 10 years but less than 20 years from the last day of the fiscal
year in which a payment is made.
(B) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, all of the following
apply:
(i) The agency is in compliance with the requirements of Section
33334.2 or 33334.6, as applicable.
(ii) The agency has adopted an implementation plan in accordance
with the requirements of Section 33490.
(iii) The agency is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable.
(iv) The agency is not subject to sanctions pursuant to
subdivision (e) of Section 33334.12 for failure to expend, encumber,
or disburse an excess surplus.
(3) This subdivision shall not apply to any redevelopment plan if
the time limits for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more than
20 years after the last day of the fiscal year in which a payment is
made.
(4) The legislative body by ordinance may adopt the amendments
provided for under this subdivision following a public hearing.
Notice of the public hearing shall be mailed to the governing body of
each of the affected taxing entities at least 30 days prior to the
hearing. Notice shall also be published in a newspaper of general
circulation in the community at least once, not less than 10 days
prior to the date of the public hearing. The ordinance shall contain
a finding of the legislative body that funds used to make a payment
to the county's Educational Revenue Augmentation Fund pursuant to
Section 33681.12 would otherwise have been used to pay the costs of
projects and activities necessary to carry out the goals and
objectives of the redevelopment plan. In adopting an ordinance
pursuant to this subdivision, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part.
(e) This section shall apply only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) on or after January 1, 1994, and to
amendments that add territory and that are adopted on or after
January 1, 1994.
33333.3. (a) The redevelopment agency shall send a notice of
preparation and a copy of a draft environmental impact report to each
affected taxing entity, as defined in Section 33353.2, prepared in
accordance with the provisions of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) and regulations adopted pursuant thereto.
(b) If the project area contains land in agricultural use, as
defined in subdivision (b) of Section 51201 of the Government Code,
the redevelopment agency shall also send a copy of the draft
environmental impact report to the Department of Conservation, the
county agricultural commissioner, the county farm bureau, the
California Farm Bureau Federation, and agricultural entities and
general farm organizations that provide a written request for notice.
A separate written request for notice shall be required for each
proposed redevelopment plan or amendment that adds territory. A
written request for notice applicable to one redevelopment plan or
amendment shall not be effective for a subsequent plan or amendment.
33333.4. (a) Every legislative body that adopted a final
redevelopment plan prior to October 1, 1976, that contains the
provisions set forth in Section 33670 but does not contain all of the
limitations required by Section 33333.2, shall adopt an ordinance on
or before December 31, 1986, that contains all of the following:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated to the redevelopment agency pursuant to the
plan, including any amendments to the plan. Taxes shall not be
divided and shall not be allocated to the redevelopment agency beyond
that limitation, except as necessary to comply with subdivision (a)
of Section 33333.8.
(2) A time limit on the establishing of loans, advances, and
indebtedness to finance in whole, or in part, the redevelopment
project. No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the agency
beyond the time limitation, except as necessary to comply with
subdivision (a) of Section 33333.8.
(3) A time limit, not to exceed 12 years, for commencement of
eminent domain proceedings to acquire property within the project
area. This time limitation may be extended only by amendment of the
redevelopment plan after the agency finds, based on substantial
evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
(b) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance, neither the legislative body nor
the agency is required to comply with Article 12 (commencing with
Section 33450) or any other provision of this part relating to the
amendment of redevelopment plans.
(c) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit allocation of taxes to
an agency to the extent required to eliminate project deficits
created under subdivision (g) of Section 33334.6 in accordance with
the plan adopted pursuant thereto for the purpose of eliminating the
deficit or to comply with subdivision (a) of Section 33333.8. In the
event of a conflict between these limitations and the obligations
under Section 33334.6 or subdivision (a) of Section 33333.8, the
legislative body shall amend the ordinance adopted pursuant to this
section to modify the limitations to the extent necessary to permit
compliance with the plan adopted pursuant to subdivision (g) of
Section 33334.6, to permit compliance with subdivision (a) of Section
33333.8, and to allow full expenditure of moneys in the agency's Low
and Moderate Income Housing Fund in accordance with Section 33334.3.
The procedure for amending the ordinance pursuant to this
subdivision shall be the same as for adopting the ordinance under
subdivision (b).
(d) This section shall not be construed to allow the impairment of
any obligation or indebtedness incurred by the legislative body or
the agency pursuant to this part.
(e) In any litigation to challenge or attack any ordinance adopted
pursuant to this section, the court shall sustain the actions of the
legislative body and the agency unless the court finds those actions
were arbitrary or capricious. The Legislature finds and declares
that this is necessary because redevelopment agencies with project
areas established prior to October 1, 1976, have incurred existing
obligations and indebtedness and have adopted projects, programs, and
activities with the authority to receive and pledge the entire
allocation of taxes authorized by Section 33670 and that it is
necessary to protect against the possible impairment of existing
obligations and indebtedness and to allow the completion of adopted
projects and programs.
(f) The ordinance adopted by the legislative body in compliance
with this section does not relieve any agency of its obligations
under Section 33333.8, 33334.2, 33334.3, Article 9 (commencing with
Section 33410), or any other requirement contained in this part.
(g) A redevelopment plan adopted on or after October 1, 1976, and
prior to January 1, 1994, containing the provisions set forth in
Section 33670, shall also contain:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated to the agency pursuant to the plan, including
any amendments to the plan. Taxes shall not be divided and shall not
be allocated to the agency beyond this limitation, except pursuant to
amendment of the redevelopment plan, or as necessary to comply with
subdivision (a) of Section 33333.8.
(2) A time limit, not to exceed 12 years, for commencement of
eminent domain proceedings to acquire property within the project
area. This time limitation may be extended only by amendment of the
redevelopment plan after the agency finds, based on substantial
evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
33333.5. (a) With respect to the adoption of the redevelopment plan
for an area of the City of South Gate with the approximate
boundaries east of Atlantic Boulevard, south of Wood Avenue, north of
Aldrich Road, and west of the Los Angeles River, the agency shall be
exempt from the provisions of Sections 33322 to 33327, inclusive,
and Section 33330 related to the addition of new territory to
existing project areas.
(b) Notwithstanding any other exemption granted by this section,
the City of South Gate shall, prior to adoption of a redevelopment
plan, conduct at least two public meetings on the proposed plan for
South Gate residents and property owners. The City of South Gate
shall also cause to be organized a citizens' advisory committee
comprised of residents and property owners of the project, which
shall advise the agency on development strategy and plans and other
matters that may affect the residents of the project area. The
citizens' advisory committee shall remain in existence for at least
three years.
(c) The adoption of a redevelopment plan pursuant to this section
is limited to a plan that adds land into an existing redevelopment
plan and does not involve a change of any general plan or zoning
ordinance or grant any variance. Any change in zoning, a general
plan, or a variance relating to the additional redevelopment plan
area shall be subject to all applicable requirements of law.
(d) Nothing in this section shall preclude the City of South Gate
or its redevelopment agency from using a prior environmental impact
report prepared for the site, referenced in subdivision (a), pursuant
to Section 15153 of Title 14 of the California Code of Regulations.
33333.6. The limitations of this section shall apply to every
redevelopment plan adopted on or before December 31, 1993.
(a) The effectiveness of every redevelopment plan to which this
section applies shall terminate at a date that shall not exceed 40
years from the adoption of the redevelopment plan or January 1, 2009,
whichever is later. After the time limit on the effectiveness of the
redevelopment plan, the agency shall have no authority to act
pursuant to the redevelopment plan except to pay previously incurred
indebtedness, to comply with Section 33333.8 and to enforce existing
covenants, contracts, or other obligations.
(b) Except as provided in subdivisions (f) and (g), a
redevelopment agency may not pay indebtedness or receive property
taxes pursuant to Section 33670 after 10 years from the termination
of the effectiveness of the redevelopment plan pursuant to
subdivision (a).
(c) (1) If plans that had different dates of adoption were merged
on or before December 31, 1993, the time limitations required by this
section shall be counted individually for each merged plan from the
date of the adoption of each plan. If an amendment to a redevelopment
plan added territory to the project area on or before December 31,
1993, the time limitations required by this section shall commence,
with respect to the redevelopment plan, from the date of the adoption
of the redevelopment plan, and, with respect to the added territory,
from the date of the adoption of the amendment.
(2) If plans that had different dates of adoption are merged on or
after January 1, 1994, the time limitations required by this section
shall be counted individually for each merged plan from the date of
the adoption of each plan.
(d) (1) Unless a redevelopment plan adopted prior to January 1,
1994, contains all of the limitations required by this section and
each of these limitations does not exceed the applicable time limits
established by this section, the legislative body, acting by
ordinance on or before December 31, 1994, shall amend every
redevelopment plan adopted prior to January 1, 1994, either to amend
an existing time limit that exceeds the applicable time limit
established by this section or to establish time limits that do not
exceed the provisions of subdivision (b) or (c).
(2) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance required by this section, neither
the legislative body nor the agency is required to comply with
Article 12 (commencing with Section 33450) or any other provision of
this part relating to the amendment of redevelopment plans.
(e) (1) If a redevelopment plan adopted prior to January 1, 1994,
contains one or more limitations required by this section, and the
limitation does not exceed the applicable time limit required by this
section, this section shall not be construed to require an amendment
of this limitation.
(2) (A) A redevelopment plan adopted prior to January 1, 1994,
that has a limitation shorter than the terms provided in this section
may be amended by a legislative body by adoption of an ordinance on
or after January 1, 1999, but on or before December 31, 1999, to
extend the limitation, provided that the plan as so amended does not
exceed the terms provided in this section. In adopting an ordinance
pursuant to this subparagraph, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(B) On or after January 1, 2002, a redevelopment plan may be
amended by a legislative body by adoption of an ordinance to
eliminate the time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002. In
adopting an ordinance pursuant to this subparagraph, neither the
legislative body nor the agency is required to comply with Section
33354.6, Article 12 (commencing with Section 33450), or any other
provision of this part relating to the amendment of redevelopment
plans, except that the agency shall make the payment to affected
taxing entities required by Section 33607.7.
(C) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to subdivisions (a)
and (b) by one year by adoption of an ordinance. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33354.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, including, but
not limited to, the requirement to make the payment to affected
taxing entities required by Section 33607.7.
(D) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
subdivisions (a) and (b) by the following:
(i) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to subdivision (a) is 10 years or less from the last day of
the fiscal year in which a payment is made.
(ii) One year for each year in which a payment is made, if both of
the following apply:
(I) The time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 10 years but
less than 20 years from the last day of the fiscal year in which a
payment is made.
(II) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, the agency is in
compliance with Section 33334.2 or 33334.6, as applicable, has
adopted an implementation plan in accordance with the requirements of
Section 33490, is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable, and is not subject to
sanctions pursuant to subdivision (e) of Section 33334.12 for failure
to expend, encumber, or disburse an excess surplus.
(iii) This subparagraph shall not apply to any redevelopment plan
if the time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 20 years after
the last day of the fiscal year in which a payment is made.
(3) (A) The legislative body by ordinance may adopt the amendments
provided for under this paragraph following a public hearing. Notice
of the public hearing shall be mailed to the governing body of each
affected taxing entity at least 30 days prior to the public hearing
and published in a newspaper of general circulation in the community
at least once, not less than 10 days prior to the date of the public
hearing. The ordinance shall contain a finding of the legislative
body that funds used to make a payment to the county's Educational
Revenue Augmentation Fund pursuant to Section 33681.12 would
otherwise have been used to pay the costs of projects and activities
necessary to carry out the goals and objectives of the redevelopment
plan. In adopting an ordinance pursuant to this paragraph, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans.
(B) The time limit on the establishment of loans, advances, and
indebtedness shall be deemed suspended and of no force or effect but
only for the purpose of issuing bonds or other indebtedness the
proceeds of which are used to make the payments required by Section
33681.12 if the following apply:
(i) The time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002, has
expired and has not been eliminated pursuant to subparagraph (B).
(ii) The agency is required to make a payment pursuant to Section
33681.12.
(iii) The agency determines that in order to make the payment
required by Section 33681.12, it is necessary to issue bonds or incur
other indebtedness.
(iv) The proceeds of the bonds issued or indebtedness incurred are
used solely for the purpose of making the payments required by
Section 33681.12 and related costs.
The suspension of the time limit on the establishment of loans,
advances, and indebtedness pursuant to this subparagraph shall not
require the agency to make the payment to affected taxing entities
required by Section 33607.7.
(4) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project shall not prevent an agency from incurring debt
to be paid from the agency's Low and Moderate Income Housing Fund or
establishing more debt in order to fulfill the agency's affordable
housing obligations, as defined in paragraph (1) of subdivision (a)
of Section 33333.8.
(B) A redevelopment plan may be amended by a legislative body to
provide that there shall be no time limit on the establishment of
loans, advances, and indebtedness paid from the agency's Low and
Moderate Income Housing Fund or establishing more debt in order to
fulfill the agency's affordable housing obligations, as defined in
paragraph (1) of subdivision (a) of Section 33333.8. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33345.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, and the agency
shall not make the payment to affected taxing entities required by
Section 33607.7.
(f) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit the allocation of taxes
to an agency to the extent required to comply with Section 33333.8.
In the event of a conflict between these limitations and the
obligations under Section 33333.8, the limitations established in the
ordinance shall be suspended pursuant to Section 33333.8.
(g) (1)This section does not effect the validity of any bond,
indebtedness, or other obligation, including any mitigation agreement
entered into pursuant to Section 33401, authorized by the
legislative body, or the agency pursuant to this part, prior to
January 1, 1994.
(2) This section does not affect the right of an agency to receive
property taxes, pursuant to Section 33670, to pay the bond,
indebtedness, or other obligation.
(3) This section does not affect the right of an agency to receive
property taxes pursuant to Section 33670 to pay refunding bonds
issued to refinance, refund, or restructure indebtedness authorized
prior to January 1, 1994, if the last maturity date of these
refunding bonds is not later than the last maturity date of the
refunded indebtedness and the sum of the total net interest cost to
maturity on the refunding bonds plus the principal amount of the
refunding bonds is less than the sum of the total net interest cost
to maturity on the refunded indebtedness plus the principal amount of
the refunded indebtedness.
(h) A redevelopment agency shall not pay indebtedness or receive
property taxes pursuant to Section 33670, with respect to a
redevelopment plan adopted prior to January 1, 1994, after the date
identified in subdivision (b) or the date identified in the
redevelopment plan, whichever is earlier, except as provided in
paragraph (2) of subdivision (e), in subdivision (g), or in Section
33333.8.
(i) The Legislature finds and declares that the amendments made to
this section by Chapter 942 of the Statutes of 1993 are intended to
add limitations to the law on and after January 1, 1994, and are not
intended to change or express legislative intent with respect to the
law prior to that date. It is not the intent of the Legislature to
affect the merits of any litigation regarding the ability of a
redevelopment agency to sell bonds for a term that exceeds the limit
of a redevelopment plan pursuant to law that existed prior to January
1, 1994.
(j) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by Section 33333.2.
33333.7. (a) Notwithstanding the time limits in paragraph (1) of
subdivision (a) of Section 33333.6, as that paragraph (1) read on
December 31, 2001, the Redevelopment Agency of the City and County of
San Francisco may, subject to the approval of the Board of
Supervisors of the City and County of San Francisco, retain its
ability to incur indebtedness exclusively for Low and Moderate Income
Housing Fund activities eligible under Sections 33334.2 and 33334.3
until January 1, 2014, or until the agency replaces all of the
housing units demolished prior to the enactment of the replacement
housing obligations in Chapter 970 of the Statutes of 1975, whichever
occurs earlier. The ability of the agency to receive tax increment
revenues to repay indebtedness incurred for these Low and Moderate
Income Housing Fund activities may be extended until no later than
January 1, 2044. Nothing in this paragraph shall be construed to
extend a plan's effectiveness, except to incur additional
indebtedness for Low and Moderate Income Housing Fund activities, to
pay previously incurred indebtedness, and to enforce existing
covenants, contracts, or other obligations.
(b) Annual revenues shall not exceed the amount necessary to fund
the Low and Moderate Income Housing Fund activities of the agency.
The agency shall neither collect nor spend more than 10 percent for
the planning and administrative costs authorized pursuant to
subdivision (e) of Section 33334.3. Revenues received under this
paragraph shall not exceed the amount of tax increment received and
allocated to the agency pursuant to the plan, as it has been amended,
less the amount necessary to pay prior outstanding indebtedness, and
less the amount of the project area's property tax revenue that
school entities are entitled to receive pursuant to Chapter 3
(commencing with Section 75) and Chapter 6 (commencing with Section
95) of Part 0.5 of Division 1 of the Revenue and Taxation Code if the
plan had not been amended. Additionally, revenues collected under
this paragraph are subject to the payments to affected taxing
entities pursuant to Section 33607.
(c) The activities conducted with revenues received under this
paragraph shall be consistent with the policies and objectives of the
community's housing element, as reviewed and approved by the
department, and shall address the unmet housing needs of very low,
low- and moderate-income households. The activities shall also be
consistent with the community's most recently approved consolidated
and annual action plans submitted to the United States Department of
Housing and Urban Development, and if the director deems it
necessary, the annual action plans shall be submitted to the
department on an annual basis. No less than 50 percent of the
revenues received shall be devoted to assisting in the development of
housing that is affordable to very low income households.
(d) The agency shall not incur any indebtedness pursuant to this
paragraph until the director certifies, after consulting with the
agency, the net difference between the number of housing units
affordable to persons and families of low and moderate income that
the agency destroyed or removed prior to January 1, 1976, and the
number of housing units affordable to persons and families of low and
moderate income that the agency rehabilitated, developed, or
constructed, or caused to be rehabilitated, developed, or constructed
within the project areas adopted prior to January 1, 1976.
(e) The agency shall not incur any indebtedness pursuant to this
paragraph unless the director of the department certifies annually,
prior to the creation of indebtedness, all of the following:
(1) The community has a current housing element that substantially
complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code.
(2) The community's housing element indicates an unmet need for
Low and Moderate Income Housing Fund activities.
(3) The agency's most recent independent financial audit report
prepared pursuant to Section 33080.1 reports acceptable findings and
no major violations of this part.
(4) The agency has complied with subdivision (a) of Section
33334.2.
(5) The agency has met the requirements of this part with respect
to the provision of dwelling units for persons and families of low or
moderate income, including, but not limited to, the requirements of
Section 33413.
33333.8. (a) Every redevelopment agency shall comply with and
fulfill its obligations with regard to the provision of affordable
housing as required by this part prior to the time limit on the
effectiveness of the redevelopment plan established pursuant to
Sections 33333.2, 33333.6, and 33333.10, and before the agency
exceeds a limit on the number of dollars of taxes that may be divided
and allocated to the redevelopment agency if required by Section
33333.4 or the limit on the number of dollars of taxes in a
redevelopment plan. A legislative body may not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with its affordable housing obligations. Notwithstanding any
other provision of law, this section shall apply to each
redevelopment agency and each redevelopment project area established
or merged pursuant to this part and Part 1.5 (commencing with Section
34000), including project areas authorized pursuant to this chapter
and each individual project area that is authorized pursuant to any
other provision of law.
(1) The affordable housing obligations specified in subdivision
(a) shall include all of the following:
(A) The obligation to make deposits to and expenditures from the
Low and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, 33334.4, 33334.6, 33487, 33492.16, and other similar and
related statutes.
(B) The obligation to eliminate project deficits pursuant to
Sections 33334.6, 33487, 33492.16, and other similar and related
statutes.
(C) The obligation to expend or transfer excess surplus funds
pursuant to Section 33334.12 and other similar and related statutes.
(D) The obligation to provide relocation assistance pursuant to
Article 9 (commencing with Section 33410), Section 7260 of the
Government Code, or other applicable relocation laws.
(E) The obligation to provide replacement housing pursuant to
subdivision (a) of Section 33413, Article 9 (commencing with Section
33410), and other similar and related statutes.
(F) The obligation to provide inclusionary housing pursuant to
Section 33413 and other similar and related statutes and ordinances.
(2) A redevelopment agency shall not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with these obligations.
(b) If, on the date of the time limit on the effectiveness of the
redevelopment plan, a redevelopment agency has not complied with
subdivision (a), the time limit on the effectiveness of the
redevelopment plan, and, if necessary, the time limit for repayment
of indebtedness, shall be suspended until the agency has complied
with subdivision (a). In addition, the agency shall receive and use
all tax increment funds that are not pledged to repay indebtedness
until the agency has fully complied with its obligations.
(c) If, on the date of the time limit on the repayment of
indebtedness, the agency has not complied with subdivision (a), the
time limit on the repayment of indebtedness shall be suspended until
the agency has complied with subdivision (a). In addition, the agency
shall receive and use tax increment funds until the agency has fully
complied with its obligations.
(d) If, on the date of the time limit on the repayment of
indebtedness, the agency has complied with its obligations under
subdivision (a) and has moneys remaining in the Low and Moderate
Income Housing Fund, the agency shall transfer the remaining moneys
to a low and moderate income housing fund or account for a different
project area within the agency's jurisdiction, if one exists, or if a
different project area does not exist, the agency shall either
transfer the remaining moneys to a special fund of the community or
to the community or county housing authority. The community,
community housing authority, or county housing authority to which the
remaining moneys are transferred shall utilize the moneys for the
purposes of, and subject to the same restrictions that are applicable
to, the redevelopment agency under this part.
(e) If a redevelopment plan provides a limit on the total amount
of tax increment funds that may be received by a redevelopment agency
for any project area, and if that limit is reached prior to the
agency complying with its obligations pursuant to subdivision (a),
that limit is suspended until the agency has complied with
subdivision (a) and the agency shall receive and use tax increment
funds until the agency has fully complied with its obligations.
(f) If an agency fails to comply with its obligations pursuant to
this section, any person may seek judicial relief. The court shall
require the agency to take all steps necessary to comply with those
obligations, including, as necessary, the adoption of ordinances, to
incur debt, to obtain tax increments, to expend tax increments, and
to enter into contracts as necessary to meet its housing obligations
under this part.
33333.10. (a) (1) Notwithstanding the time limits in subdivisions
(a) and (b) of Section 33333.6, an agency that adopted a
redevelopment plan on or before December 31, 1993, may, pursuant to
this section, amend that plan to extend the time limit on
effectiveness of the plan for up to 10 additional years beyond the
limit allowed by subdivision (a) of Section 33333.6.
(2) In addition, the agency may, pursuant to this section, amend
that plan to extend the time limit on the payment of indebtedness and
receipt of property taxes to be not more than 10 years from the
termination of the effectiveness of the redevelopment plan as that
time limit has been amended pursuant to paragraph (1).
(b) A redevelopment plan may be amended pursuant to subdivision
(a) only after the agency finds, based on substantial evidence, that
both of the following conditions exist:
(1) Significant blight remains within the project area.
(2) This blight cannot be eliminated without extending the
effectiveness of the plan and the receipt of property taxes.
(c) As used in this section:
(1) "Blight" has the same meaning as that term is given in Section
33030.
(2) "Significant" means important and of a magnitude to warrant
agency assistance.
(3) "Necessary and essential parcels" means parcels that are not
blighted but are so necessary and essential to the elimination of the
blight that these parcels should be included within the portion of
the project area in which tax increment funds may be spent.
"Necessary and essential parcels" are (A) parcels that are adjacent
to one or more blighted parcels that are to be assembled in order to
create a parcel of adequate size given present standards and market
conditions, and (B) parcels that are adjacent or near parcels that
are blighted on which it is necessary to construct a public
improvement to eliminate the blight.
(d) For purposes of this section, significant blight can exist in
a project area even though blight is not prevalent in a project area.
The report submitted to the legislative body pursuant to Section
33352 shall identify on a map the portion of the project area in
which significant blight remains.
(e) After the limit on the payment of indebtedness and receipt of
property taxes that would have taken effect but for the amendment
pursuant to this section, except for funds deposited in the Low and
Moderate Income Housing Fund pursuant to Section 33334.2 or 33334.6,
the agency shall spend tax increment funds only within the portion of
the project area that has been identified in the report adopted
pursuant to Section 33352 as the area containing blighted parcels and
necessary and essential parcels. Except as otherwise limited by
subdivisions (f) and (g), agencies may continue to spend funds
deposited in the Low and Moderate Income Housing Fund in accordance
with this division.
(f) (1) Except as otherwise provided in this subdivision, after
the limit on the payment of indebtedness and receipt of property
taxes that would have taken effect, but for the amendment pursuant to
this section, agencies shall only spend moneys from the Low and
Moderate Income Housing Fund for the purpose of increasing,
improving, and preserving the community's supply of housing at
affordable housing cost to persons and families of low, very low, or
extremely low income, as defined in Sections 50079.5, 50093, 50105,
and 50106. During this period, an agency that has adopted an
amendment pursuant to subdivision (a) may use moneys from the Low and
Moderate Income Housing Fund for the purpose of increasing,
improving, and preserving housing at affordable housing cost to
persons and families of moderate income as defined in Section 50093.
However, this amount shall not exceed, in a five-year period, the
amount of moneys from the Low and Moderate Income Housing Fund that
are used to increase, improve, and preserve housing at affordable
housing cost to persons and families of extremely low income, as
defined in Section 50106. In no case shall the amount expended for
housing for persons and families of moderate income exceed 15 percent
of the annual amount deposited in the Low and Moderate Income
Housing Fund during a five-year period and the number of housing
units affordable to moderate-income persons shall not exceed the
number of housing units affordable to extremely low income persons.
(2) Commencing with the first fiscal year that commences after the
date of the adoption of an amendment pursuant to subdivision (a) and
until the limit on the payment of indebtedness and receipt of
property taxes that would have taken effect but for the amendment
pursuant to this section, an agency that has adopted an amendment
pursuant to subdivision (a) may use moneys from the Low and Moderate
Income Housing Fund for the purpose of increasing, improving, and
preserving housing at affordable housing cost to persons and families
of moderate income as defined in Section 50093. However, this amount
shall not exceed, in a five-year period, 15 percent of the amount of
moneys deposited in the Low and Moderate Income Housing Fund during
that five-year period and shall only be used to assist housing
projects in which no less than 49 percent of the units are affordable
to and occupied by persons and families of low, very low, or
extremely low income. An agency may spend an additional amount of
moneys in the same or other housing projects to assist housing units
affordable to and occupied by moderate-income persons. However, this
amount shall not exceed the lesser of: the amount of moneys spent to
increase, improve, and preserve housing at affordable housing cost to
persons and families of extremely low income as defined in Section
50106, or 5 percent of the moneys deposited in the Low and Moderate
Income Housing Fund during that five-year period.
(g) (1) Except as provided in paragraph (2) or (3), commencing
with the first fiscal year that commences after the date of adoption
of an amendment pursuant to subdivision (a), not less than 30 percent
of all taxes that are allocated to the agency pursuant to Section
33670 from the redevelopment project area so amended shall be
deposited into that project's Low and Moderate Income Housing Fund
for the purposes specified in subdivision (f).
(2) In any fiscal year, the agency may deposit less than the
amount required by paragraph (1), but not less than the amount
required by Section 33334.2 or 33334.6, into the Low and Moderate
Income Housing Fund if the agency finds that the difference between
the amount deposited and the amount required by paragraph (1) is
necessary to make principal and interest payments during that fiscal
year on bonds sold by the agency to finance or refinance the
redevelopment project prior to six months before the date of adoption
of the amendment pursuant to subdivision (a). Bonds sold by the
agency prior to six months before the date of the adoption of the
amendment pursuant to subdivision (a) may only be refinanced,
refunded, or restructured after the date of the amendment pursuant to
subdivision (a). However, for purposes of this section, bonds
refinanced, refunded, or restructured after the date of the amendment
pursuant to subdivision (a) may only be treated as if sold on the
date the original bonds were sold if (A) the net proceeds were used
to refinance the original bonds, (B) there is no increase in the
amount of principal at the time of refinancing, restructuring, or
refunding, and (C) the time during which the refinanced indebtedness
is to be repaid does not exceed the date on which the existing
indebtedness would have been repaid.
(3) No later than 120 days prior to depositing less than the
amount required by paragraph (1) into the Low and Moderate Income
Housing Fund, the agency shall adopt, by resolution after a noticed
public hearing, a finding that the difference between the amount
allocated and the amount required by paragraph (1) is necessary to
make payments on bonds sold by the agency to finance or refinance the
redevelopment project and identified in the preliminary report
adopted pursuant to paragraph (9) of subdivision (e) of Section
33333.11, and specifying the amount of principal remaining on the
bonds, the amount of annual payments, and the date on which the
indebtedness will be repaid. Notice of the time and place of the
public hearing shall be published in a newspaper of general
circulation once a week for at least two successive weeks prior to
the public hearing. The agency shall make available to the public the
proposed resolution no later than the time of the publication of the
first notice of the public hearing. A copy of the resolution shall
be transmitted to the Department of Housing and Community Development
within 10 days after adoption.
(4) Notwithstanding paragraph (1), an agency that sells bonds on
or after the date of adoption of an amendment pursuant to subdivision
(a), the repayment of which is to be made from taxes allocated to
the agency pursuant to Section 33670 from the project so amended, may
elect to subordinate up to 16 2/3 percent of its annual 30-percent
Low and Moderate Income Housing Fund deposit obligation to the
payment of debt service on the bonds. If the agency makes that
election and in any year the agency has insufficient tax-increment
revenue available to pay debt service on the bonds to which the funds
from the Low and Moderate Income Housing Fund are subordinated, the
agency may deposit less than the full 100 percent of its annual
30-percent Low and Moderate Income Housing Fund obligation but only
to the extent necessary to pay that debt service and in no event
shall less than 83 1/3 percent of that obligation be deposited into
the Low and Moderate Income Housing Fund for that year. The
difference between the amount that is actually deposited in the Low
and Moderate Income Housing Fund and the full 100 percent of the
agency's 30-percent Low and Moderate Income Housing Fund deposit
obligation shall constitute a deficit in the Low and Moderate Income
Housing Fund subject to repayment pursuant to paragraph (5).
(5) If, pursuant to paragraph (2) or (4), the agency deposits less
than 30 percent of the taxes allocated to the agency pursuant to
Section 33670 in any fiscal year in the Low and Moderate Income
Housing Fund, the amount equal to the difference between 30 percent
of the taxes allocated to the agency pursuant to Section 33670 for
each affected redevelopment project area and the amount actually
deposited in the Low and Moderate Income Housing Fund for that fiscal
year shall be established as a deficit in the Low and Moderate
Income Housing Fund. Any new tax increment funds not encumbered
pursuant to paragraph (2) or (4) shall be utilized to reduce or
eliminate the deficit prior to entering into any new contracts,
commitments, or indebtedness. The obligations imposed by this section
are hereby declared to be an indebtedness of the redevelopment
project to which they relate, payable from taxes allocated to the
agency pursuant to Section 33670 and, notwithstanding any other
provision of law, shall constitute an indebtedness of the agency with
respect to the redevelopment project, and the agency shall continue
to receive allocations of taxes pursuant to Section 33670 until the
deficit is paid in full.
(h) An agency may not amend its redevelopment plan pursuant to
this section unless the agency first adopts a resolution that finds,
based on substantial evidence, all of the following:
(1) The community has adopted a housing element that the
department has determined pursuant to Section 65585 of the Government
Code to be in substantial compliance with the requirements of
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division
1 of Title 7 of the Government Code, or if applicable, an eligible
city or county within the jurisdiction of the San Diego Association
of Governments has adopted a self-certification of compliance with
its adopted housing element pursuant to Section 65585.1 of the
Government Code.
(2) During the three fiscal years prior to the year in which the
amendment is adopted, the agency has not been included in the report
sent by the Controller to the Attorney General pursuant to
subdivision (b) of Section 33080.8 as an agency that has a "major
violation" pursuant to Section 33080.8.
(3) After a written request by the agency and provision of the
information requested by the department, the department has issued a
letter to the agency, confirming that the agency has not accumulated
an excess surplus in its Low and Moderate Income Housing Fund. As
used in this section, "excess surplus" has the same meaning as that
term is defined in Section 33334.12. The department shall develop a
methodology to collect information required by this section.
Information requested by the department shall include a certification
by the agency's independent auditor on the status of excess surplus
and submittal of data for the department to verify the status of
excess surplus. The independent auditor shall make the required
certification based on the Controller's office guidelines which shall
include the methodology prescribed by the department pursuant to
subparagraph (D) of paragraph (3) of subdivision (g) of Section
33334.12. If the department does not respond to the written request
of the agency for this determination within 90 days after receipt of
the written request, compliance with this requirement shall be deemed
confirmed.
(i) Each redevelopment plan that has been adopted prior to January
1, 1976, that is amended pursuant to subdivision (a) shall also be
amended at the same time to make subdivision (b) of Section 33413
applicable to the redevelopment plan in accordance with paragraph (1)
of subdivision (d) of Section 33413.
(j) The amendment to the redevelopment plan authorized pursuant to
this section shall be made by ordinance pursuant to Article 12
(commencing with Section 33450). The ordinance shall be subject to
referendum as prescribed by law for ordinances of the legislative
body.
(k) This section shall not apply to a project area that retains
its eligibility to incur indebtedness and receive tax increment
revenues pursuant to Section 33333.7.
( l) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit allocation of taxes to
an agency to the extent required to comply with Section 33333.8. In
the event of a conflict between these limitations and the obligations
under Section 33333.8, the limitation established in the ordinance
shall be suspended pursuant to Section 33333.8.
33333.11. (a) In order to adopt an amendment pursuant to Section
33333.10, the redevelopment agency shall also comply with the
procedures in this section.
(b) Before adopting an amendment of the plan, the agency shall
hold a public hearing on the proposed amendment. The notice of the
public hearing shall comply with Section 33452.
(c) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with each
affected taxing agency with respect to the proposed amendment. At a
minimum, the agency shall give each affected taxing agency the
opportunity to meet with representatives of the agency for the
purpose of discussing the effect of the proposed amendment upon the
affected taxing agency and shall notify each affected taxing agency
that any written comments from the affected taxing agency will be
included in the report to the legislative body.
(d) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with and obtain
the advice of members of a project area committee, if a project area
committee exists, and residents and community organizations and
provide to those persons and organizations, including the project
area committee, if any, the amendment prior to the agency's
submitting the amendment to the legislative body. In addition, the
preliminary report prepared pursuant to subdivision (e) shall be made
available at no cost to the project area committee, if one exists,
and residents and community organizations not later than 120 days
prior to holding a public hearing on the proposed amendment.
(e) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send to each affected taxing
entity, as defined in Section 33353.2, the Department of Finance,
and the Department of Housing and Community Development, a
preliminary report that contains all of the following:
(1) A map of the project area that identifies the portion, if any,
of the project area that is no longer blighted and the portion of
the project area that is blighted and the portion of the project area
that contains necessary and essential parcels for the elimination of
the remaining blight.
(2) A description of the remaining blight.
(3) A description of the projects or programs proposed to
eliminate the remaining blight.
(4) A description of how the project or programs will improve the
conditions of blight.
(5) The reasons why the projects or programs cannot be completed
without extending the time limits on the effectiveness of the plan
and receipt of tax increment revenues.
(6) The proposed method of financing these programs or projects.
This description shall include the amount of tax increment revenues
that is projected to be generated during the period of the extension,
including amounts projected to be deposited into the Low and
Moderate Income Housing Fund and amounts to be paid to affected
taxing entities. This description shall also include sources and
amounts of moneys other than tax increment revenues that are
available to finance these projects or programs. This description
shall also include the reasons that the remaining blight cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without the use of the
tax increment revenues available to the agency because of the
proposed amendment.
(7) An amendment to the agency's implementation plan that
includes, but is not limited to, the agency's housing
responsibilities pursuant to Section 33490. However, the agency shall
not be required to hold a separate public hearing on the
implementation plan pursuant to subdivision (d) of Section 33490 in
addition to the public hearing on the amendment to the redevelopment
plan.
(8) A new neighborhood impact report if required by subdivision
(m) of Section 33352.
(9) A description of each bond sold by the agency to finance or
refinance the redevelopment project prior to six months before the
date of adoption of the proposed amendment, and listing for each bond
the amount of remaining principal, the annual payments, and the date
that the bond will be paid in full.
(f) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send the proposed amendment
to the planning commission. If the planning commission does not
report upon the amendment within 30 days after its submission by the
agency, the planning commission shall be deemed to have waived its
report and recommendations concerning the amendment.
(g) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing of the
agency and the legislative body, the agency shall notify each
affected taxing entity, the Department of Finance, the Department of
Housing and Community Development, and each individual and
organization that submitted comments on the preliminary report by
certified mail of the public hearing, the date of the public hearing,
and the proposed amendment. This notice shall be accompanied by the
report required to be prepared pursuant to subdivision (h).
(h) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing by the
agency and the legislative body, the agency shall adopt a report to
the legislative body containing all of the following:
(1) All of the information required to be contained in the
preliminary report prepared pursuant to subdivision (e).
(2) The report and recommendation of the planning commission.
(3) A negative declaration, environmental impact report, or other
document that is required in order to comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code.
(4) A summary of the consultations with the affected taxing
entities. If any of the affected taxing entities has expressed
written objections or concerns with the proposed amendment as part of
these consultations, the agency shall include a detailed response to
each of these concerns.
(5) A summary of the consultation with residents and community
organizations, including the project area committee, if any. If any
resident or community organization, including the project area
committee, if any, has expressed written objections or concerns with
the proposed amendment as part of these consultations, the agency
shall include a detailed response to each of these concerns.
(i) After receiving the recommendation of the agency on the
proposed amendment, and not sooner than 30 days after the submission
of changes to the planning commission, the legislative body shall
hold a public hearing on the proposed amendment. At the public
hearing, the legislative body shall consider any objections or
concerns with the proposed amendment expressed by the affected taxing
entities, a project area committee, if any, residents, and community
organizations. The notice of the public hearing shall comply with
Section 33452.
(j) As an alternative to the separate public hearing required by
subdivision (i), the agency and the legislative body, with the
consent of both, may hold a joint public hearing on the proposed
amendment. At the public hearing, the agency and legislative body
shall consider any objections or concerns with the proposed amendment
expressed by the affected taxing entities, a project area committee,
if any, residents, and community organizations. Notice of this
public hearing shall comply with Section 33452. When a joint public
hearing is held and the legislative body is also the agency, the
legislative body may adopt the amended plan with no actions required
of the agency. If, after the public hearing, the legislative body
determines that the amendment to the plan is necessary or desirable,
the legislative body shall adopt an ordinance amending the ordinance
adopting the plan thus amended. The ordinance adopting the amendment
shall contain findings that both (1) significant blight remains
within the project area, and (2) the blight cannot be eliminated
without the extension of the effectiveness of the plan and receipt of
tax increm
33330. Each agency shall prepare or cause to be prepared, and
approve, a redevelopment plan for each project area and for that
purpose may hold hearings and conduct examinations, investigations,
and other negotiations. The agency shall consult with the planning
commission of the community and with the project area committee, if
applicable, in preparing a redevelopment plan.
33331. Every redevelopment plan shall be consistent with the
community's general plan.
33331.4. (a) A redevelopment agency undertaking activities and
funding involving property described in paragraph (3) of subdivision
(c) of Section 33030 shall comply with all of the requirements of
this part, except as specifically modified in subdivision (b).
(b) In addition to the requirements specified in subdivision (a),
all of the following apply:
(1) The project shall include the replacement, on at least a
one-to-one basis, of all existing public housing units. The
replacement dwelling units shall be affordable to, and occupied by,
extremely low, very low, and lower income households as defined in
Sections 50079.5, 50105, and 50106, respectively, at the same or
lower income level as the household displaced from the public housing
units, for at least 55 years.
(2) The replacement dwelling units may be either publicly or
privately owned and shall meet all of the following requirements:
(A) Be located either inside the project area, or within a
five-mile radius of the parcel containing the public housing that is
being replaced.
(B) Shall be, for each income level described in paragraph (1), a
unit type and size as required by the displaced household. The
required size shall conform to the principles for a public housing
policy on occupancy, contained in the "Public Housing Occupancy
Guidebook," published by the United States Department of Housing and
Urban Development.
(C) Shall be affordable to each displaced household that chooses
to relocate to a replacement unit, such that the rent does not exceed
30 percent of the income of that household.
(c) No household shall be displaced under this section unless they
are given priority for a permanent replacement dwelling unit created
pursuant to this section at the initial time of relocation. This
subdivision does not apply if the household, having been given
priority for a replacement dwelling unit under this part, voluntarily
chooses not to accept the replacement dwelling unit.
(d) The project may include both of the following:
(1) The development of additional privately owned housing units
that will be available to and occupied by persons and families of low
or moderate income, as defined in Section 50093, including very low
income households, as defined in Section 50105, at an affordable
housing cost, as defined in Section 50025.5.
(2) Workforce market-rate housing units, retail services,
commercial, industrial, educational, recreational, and other uses as
may be appropriate to serve the residents of the area, and public
improvements inside or adjacent to the project area.
33331.5. Notwithstanding Section 33333.2 or 33333.6, when an agency
is required pursuant to Section 33690 to make a payment to the
county auditor for deposit in the county's Supplemental Educational
Revenue Augmentation Fund to be established in the county treasury
pursuant to paragraph (1) of subdivision (a) of Section 33690 and the
agency has allocated the full amount calculated pursuant to
paragraph (2) of subdivision (a) of Section 33690, the legislative
body may amend the redevelopment plan to extend the time limits
required pursuant to paragraphs (2) and (3) of subdivision (a) of
Section 33333.2 or subdivision (a) of Section 33333.6 by one year.
When amending a redevelopment plan pursuant to this section, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans, including, but not limited to, the requirement
to make the payment to the affected taxing entities required by
Section 33607.7.
33332. Every redevelopment plan shall contain a legal description
of the boundaries of the project area and shall be based upon the
preliminary plan.
33333. Every redevelopment plan shall show by diagram and in
general terms:
(a) The approximate amount of open space to be provided and street
layout.
(b) Limitations on type, size, height, number, and proposed use of
buildings.
(c) The approximate number of dwelling units.
(d) The property to be devoted to public purposes and the nature
of such purposes.
33333.2. (a) A redevelopment plan containing the provisions set
forth in Section 33670 shall contain all of the following
limitations. A redevelopment plan that does not contain the
provisions set forth in Section 33670 shall contain the limitations
in paragraph (4):
(1) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project, which may not exceed 20 years from the
adoption of the redevelopment plan, except by amendment of the
redevelopment plan as authorized by subparagraph (B). This limit,
however, shall not prevent agencies from incurring debt to be paid
from the Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the agency's housing obligations under
subdivision (a) of Section 33333.8. The loans, advances, or
indebtedness may be repaid over a period of time longer than this
time limit as provided in this section. No loans, advances, or
indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the agency beyond this time limitation.
This limit shall not prevent agencies from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness
is not increased and the time during which the indebtedness is to be
repaid is not extended beyond the time limit to repay indebtedness
required by this section.
(B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that (i) significant blight
remains within the project area; and (ii) this blight cannot be
eliminated without the establishment of additional debt. However,
this amended time limitation may not exceed 30 years from the
effective date of the ordinance adopting the redevelopment plan,
except as necessary to comply with subdivision (a) of Section
33333.8.
(2) A time limit, not to exceed 30 years from the adoption of the
redevelopment plan, on the effectiveness of the redevelopment plan.
After the time limit on the effectiveness of the redevelopment plan,
the agency shall have no authority to act pursuant to the
redevelopment plan except to pay previously incurred indebtedness and
to enforce existing covenants or contracts, unless the agency has
not completed its housing obligations pursuant to subdivision (a) of
Section 33333.8, in which case the agency shall retain its authority
to implement requirements under subdivision (a) of Section 33333.8,
including its ability to incur and pay indebtedness for this purpose,
and shall use this authority to complete these housing obligations
as soon as is reasonably possible.
(3) A time limit, not to exceed 45 years from the adoption of the
redevelopment plan, to repay indebtedness with the proceeds of
property taxes received pursuant to Section 33670. After the time
limit established pursuant to this paragraph, an agency may not
receive property taxes pursuant to Section 33670, except as necessary
to comply with subdivision (a) of Section 33333.8.
(4) A time limit, not to exceed 12 years from the adoption of the
redevelopment plan, for commencement of eminent domain proceedings to
acquire property within the project area. This time limitation may
be extended only by amendment of the redevelopment plan after the
agency finds, based on substantial evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
(b) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by this section.
(c) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to paragraphs (2)
and (3) of subdivision (a) by one year by adoption of an ordinance.
In adopting this ordinance, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(d) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
paragraphs (2) and (3) of subdivision (a) by the following:
(1) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to paragraph (2) of subdivision (a) is 10 years or less from
the last day of the fiscal year in which that payment is made.
(2) One year for each year in which a payment is made, if both of
the following apply:
(A) The time limit for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more
than 10 years but less than 20 years from the last day of the fiscal
year in which a payment is made.
(B) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, all of the following
apply:
(i) The agency is in compliance with the requirements of Section
33334.2 or 33334.6, as applicable.
(ii) The agency has adopted an implementation plan in accordance
with the requirements of Section 33490.
(iii) The agency is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable.
(iv) The agency is not subject to sanctions pursuant to
subdivision (e) of Section 33334.12 for failure to expend, encumber,
or disburse an excess surplus.
(3) This subdivision shall not apply to any redevelopment plan if
the time limits for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more than
20 years after the last day of the fiscal year in which a payment is
made.
(4) The legislative body by ordinance may adopt the amendments
provided for under this subdivision following a public hearing.
Notice of the public hearing shall be mailed to the governing body of
each of the affected taxing entities at least 30 days prior to the
hearing. Notice shall also be published in a newspaper of general
circulation in the community at least once, not less than 10 days
prior to the date of the public hearing. The ordinance shall contain
a finding of the legislative body that funds used to make a payment
to the county's Educational Revenue Augmentation Fund pursuant to
Section 33681.12 would otherwise have been used to pay the costs of
projects and activities necessary to carry out the goals and
objectives of the redevelopment plan. In adopting an ordinance
pursuant to this subdivision, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part.
(e) This section shall apply only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) on or after January 1, 1994, and to
amendments that add territory and that are adopted on or after
January 1, 1994.
33333.3. (a) The redevelopment agency shall send a notice of
preparation and a copy of a draft environmental impact report to each
affected taxing entity, as defined in Section 33353.2, prepared in
accordance with the provisions of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) and regulations adopted pursuant thereto.
(b) If the project area contains land in agricultural use, as
defined in subdivision (b) of Section 51201 of the Government Code,
the redevelopment agency shall also send a copy of the draft
environmental impact report to the Department of Conservation, the
county agricultural commissioner, the county farm bureau, the
California Farm Bureau Federation, and agricultural entities and
general farm organizations that provide a written request for notice.
A separate written request for notice shall be required for each
proposed redevelopment plan or amendment that adds territory. A
written request for notice applicable to one redevelopment plan or
amendment shall not be effective for a subsequent plan or amendment.
33333.4. (a) Every legislative body that adopted a final
redevelopment plan prior to October 1, 1976, that contains the
provisions set forth in Section 33670 but does not contain all of the
limitations required by Section 33333.2, shall adopt an ordinance on
or before December 31, 1986, that contains all of the following:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated to the redevelopment agency pursuant to the
plan, including any amendments to the plan. Taxes shall not be
divided and shall not be allocated to the redevelopment agency beyond
that limitation, except as necessary to comply with subdivision (a)
of Section 33333.8.
(2) A time limit on the establishing of loans, advances, and
indebtedness to finance in whole, or in part, the redevelopment
project. No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the agency
beyond the time limitation, except as necessary to comply with
subdivision (a) of Section 33333.8.
(3) A time limit, not to exceed 12 years, for commencement of
eminent domain proceedings to acquire property within the project
area. This time limitation may be extended only by amendment of the
redevelopment plan after the agency finds, based on substantial
evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
(b) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance, neither the legislative body nor
the agency is required to comply with Article 12 (commencing with
Section 33450) or any other provision of this part relating to the
amendment of redevelopment plans.
(c) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit allocation of taxes to
an agency to the extent required to eliminate project deficits
created under subdivision (g) of Section 33334.6 in accordance with
the plan adopted pursuant thereto for the purpose of eliminating the
deficit or to comply with subdivision (a) of Section 33333.8. In the
event of a conflict between these limitations and the obligations
under Section 33334.6 or subdivision (a) of Section 33333.8, the
legislative body shall amend the ordinance adopted pursuant to this
section to modify the limitations to the extent necessary to permit
compliance with the plan adopted pursuant to subdivision (g) of
Section 33334.6, to permit compliance with subdivision (a) of Section
33333.8, and to allow full expenditure of moneys in the agency's Low
and Moderate Income Housing Fund in accordance with Section 33334.3.
The procedure for amending the ordinance pursuant to this
subdivision shall be the same as for adopting the ordinance under
subdivision (b).
(d) This section shall not be construed to allow the impairment of
any obligation or indebtedness incurred by the legislative body or
the agency pursuant to this part.
(e) In any litigation to challenge or attack any ordinance adopted
pursuant to this section, the court shall sustain the actions of the
legislative body and the agency unless the court finds those actions
were arbitrary or capricious. The Legislature finds and declares
that this is necessary because redevelopment agencies with project
areas established prior to October 1, 1976, have incurred existing
obligations and indebtedness and have adopted projects, programs, and
activities with the authority to receive and pledge the entire
allocation of taxes authorized by Section 33670 and that it is
necessary to protect against the possible impairment of existing
obligations and indebtedness and to allow the completion of adopted
projects and programs.
(f) The ordinance adopted by the legislative body in compliance
with this section does not relieve any agency of its obligations
under Section 33333.8, 33334.2, 33334.3, Article 9 (commencing with
Section 33410), or any other requirement contained in this part.
(g) A redevelopment plan adopted on or after October 1, 1976, and
prior to January 1, 1994, containing the provisions set forth in
Section 33670, shall also contain:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated to the agency pursuant to the plan, including
any amendments to the plan. Taxes shall not be divided and shall not
be allocated to the agency beyond this limitation, except pursuant to
amendment of the redevelopment plan, or as necessary to comply with
subdivision (a) of Section 33333.8.
(2) A time limit, not to exceed 12 years, for commencement of
eminent domain proceedings to acquire property within the project
area. This time limitation may be extended only by amendment of the
redevelopment plan after the agency finds, based on substantial
evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
33333.5. (a) With respect to the adoption of the redevelopment plan
for an area of the City of South Gate with the approximate
boundaries east of Atlantic Boulevard, south of Wood Avenue, north of
Aldrich Road, and west of the Los Angeles River, the agency shall be
exempt from the provisions of Sections 33322 to 33327, inclusive,
and Section 33330 related to the addition of new territory to
existing project areas.
(b) Notwithstanding any other exemption granted by this section,
the City of South Gate shall, prior to adoption of a redevelopment
plan, conduct at least two public meetings on the proposed plan for
South Gate residents and property owners. The City of South Gate
shall also cause to be organized a citizens' advisory committee
comprised of residents and property owners of the project, which
shall advise the agency on development strategy and plans and other
matters that may affect the residents of the project area. The
citizens' advisory committee shall remain in existence for at least
three years.
(c) The adoption of a redevelopment plan pursuant to this section
is limited to a plan that adds land into an existing redevelopment
plan and does not involve a change of any general plan or zoning
ordinance or grant any variance. Any change in zoning, a general
plan, or a variance relating to the additional redevelopment plan
area shall be subject to all applicable requirements of law.
(d) Nothing in this section shall preclude the City of South Gate
or its redevelopment agency from using a prior environmental impact
report prepared for the site, referenced in subdivision (a), pursuant
to Section 15153 of Title 14 of the California Code of Regulations.
33333.6. The limitations of this section shall apply to every
redevelopment plan adopted on or before December 31, 1993.
(a) The effectiveness of every redevelopment plan to which this
section applies shall terminate at a date that shall not exceed 40
years from the adoption of the redevelopment plan or January 1, 2009,
whichever is later. After the time limit on the effectiveness of the
redevelopment plan, the agency shall have no authority to act
pursuant to the redevelopment plan except to pay previously incurred
indebtedness, to comply with Section 33333.8 and to enforce existing
covenants, contracts, or other obligations.
(b) Except as provided in subdivisions (f) and (g), a
redevelopment agency may not pay indebtedness or receive property
taxes pursuant to Section 33670 after 10 years from the termination
of the effectiveness of the redevelopment plan pursuant to
subdivision (a).
(c) (1) If plans that had different dates of adoption were merged
on or before December 31, 1993, the time limitations required by this
section shall be counted individually for each merged plan from the
date of the adoption of each plan. If an amendment to a redevelopment
plan added territory to the project area on or before December 31,
1993, the time limitations required by this section shall commence,
with respect to the redevelopment plan, from the date of the adoption
of the redevelopment plan, and, with respect to the added territory,
from the date of the adoption of the amendment.
(2) If plans that had different dates of adoption are merged on or
after January 1, 1994, the time limitations required by this section
shall be counted individually for each merged plan from the date of
the adoption of each plan.
(d) (1) Unless a redevelopment plan adopted prior to January 1,
1994, contains all of the limitations required by this section and
each of these limitations does not exceed the applicable time limits
established by this section, the legislative body, acting by
ordinance on or before December 31, 1994, shall amend every
redevelopment plan adopted prior to January 1, 1994, either to amend
an existing time limit that exceeds the applicable time limit
established by this section or to establish time limits that do not
exceed the provisions of subdivision (b) or (c).
(2) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance required by this section, neither
the legislative body nor the agency is required to comply with
Article 12 (commencing with Section 33450) or any other provision of
this part relating to the amendment of redevelopment plans.
(e) (1) If a redevelopment plan adopted prior to January 1, 1994,
contains one or more limitations required by this section, and the
limitation does not exceed the applicable time limit required by this
section, this section shall not be construed to require an amendment
of this limitation.
(2) (A) A redevelopment plan adopted prior to January 1, 1994,
that has a limitation shorter than the terms provided in this section
may be amended by a legislative body by adoption of an ordinance on
or after January 1, 1999, but on or before December 31, 1999, to
extend the limitation, provided that the plan as so amended does not
exceed the terms provided in this section. In adopting an ordinance
pursuant to this subparagraph, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(B) On or after January 1, 2002, a redevelopment plan may be
amended by a legislative body by adoption of an ordinance to
eliminate the time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002. In
adopting an ordinance pursuant to this subparagraph, neither the
legislative body nor the agency is required to comply with Section
33354.6, Article 12 (commencing with Section 33450), or any other
provision of this part relating to the amendment of redevelopment
plans, except that the agency shall make the payment to affected
taxing entities required by Section 33607.7.
(C) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to subdivisions (a)
and (b) by one year by adoption of an ordinance. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33354.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, including, but
not limited to, the requirement to make the payment to affected
taxing entities required by Section 33607.7.
(D) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
subdivisions (a) and (b) by the following:
(i) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to subdivision (a) is 10 years or less from the last day of
the fiscal year in which a payment is made.
(ii) One year for each year in which a payment is made, if both of
the following apply:
(I) The time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 10 years but
less than 20 years from the last day of the fiscal year in which a
payment is made.
(II) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, the agency is in
compliance with Section 33334.2 or 33334.6, as applicable, has
adopted an implementation plan in accordance with the requirements of
Section 33490, is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable, and is not subject to
sanctions pursuant to subdivision (e) of Section 33334.12 for failure
to expend, encumber, or disburse an excess surplus.
(iii) This subparagraph shall not apply to any redevelopment plan
if the time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 20 years after
the last day of the fiscal year in which a payment is made.
(3) (A) The legislative body by ordinance may adopt the amendments
provided for under this paragraph following a public hearing. Notice
of the public hearing shall be mailed to the governing body of each
affected taxing entity at least 30 days prior to the public hearing
and published in a newspaper of general circulation in the community
at least once, not less than 10 days prior to the date of the public
hearing. The ordinance shall contain a finding of the legislative
body that funds used to make a payment to the county's Educational
Revenue Augmentation Fund pursuant to Section 33681.12 would
otherwise have been used to pay the costs of projects and activities
necessary to carry out the goals and objectives of the redevelopment
plan. In adopting an ordinance pursuant to this paragraph, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans.
(B) The time limit on the establishment of loans, advances, and
indebtedness shall be deemed suspended and of no force or effect but
only for the purpose of issuing bonds or other indebtedness the
proceeds of which are used to make the payments required by Section
33681.12 if the following apply:
(i) The time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002, has
expired and has not been eliminated pursuant to subparagraph (B).
(ii) The agency is required to make a payment pursuant to Section
33681.12.
(iii) The agency determines that in order to make the payment
required by Section 33681.12, it is necessary to issue bonds or incur
other indebtedness.
(iv) The proceeds of the bonds issued or indebtedness incurred are
used solely for the purpose of making the payments required by
Section 33681.12 and related costs.
The suspension of the time limit on the establishment of loans,
advances, and indebtedness pursuant to this subparagraph shall not
require the agency to make the payment to affected taxing entities
required by Section 33607.7.
(4) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project shall not prevent an agency from incurring debt
to be paid from the agency's Low and Moderate Income Housing Fund or
establishing more debt in order to fulfill the agency's affordable
housing obligations, as defined in paragraph (1) of subdivision (a)
of Section 33333.8.
(B) A redevelopment plan may be amended by a legislative body to
provide that there shall be no time limit on the establishment of
loans, advances, and indebtedness paid from the agency's Low and
Moderate Income Housing Fund or establishing more debt in order to
fulfill the agency's affordable housing obligations, as defined in
paragraph (1) of subdivision (a) of Section 33333.8. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33345.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, and the agency
shall not make the payment to affected taxing entities required by
Section 33607.7.
(f) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit the allocation of taxes
to an agency to the extent required to comply with Section 33333.8.
In the event of a conflict between these limitations and the
obligations under Section 33333.8, the limitations established in the
ordinance shall be suspended pursuant to Section 33333.8.
(g) (1)This section does not effect the validity of any bond,
indebtedness, or other obligation, including any mitigation agreement
entered into pursuant to Section 33401, authorized by the
legislative body, or the agency pursuant to this part, prior to
January 1, 1994.
(2) This section does not affect the right of an agency to receive
property taxes, pursuant to Section 33670, to pay the bond,
indebtedness, or other obligation.
(3) This section does not affect the right of an agency to receive
property taxes pursuant to Section 33670 to pay refunding bonds
issued to refinance, refund, or restructure indebtedness authorized
prior to January 1, 1994, if the last maturity date of these
refunding bonds is not later than the last maturity date of the
refunded indebtedness and the sum of the total net interest cost to
maturity on the refunding bonds plus the principal amount of the
refunding bonds is less than the sum of the total net interest cost
to maturity on the refunded indebtedness plus the principal amount of
the refunded indebtedness.
(h) A redevelopment agency shall not pay indebtedness or receive
property taxes pursuant to Section 33670, with respect to a
redevelopment plan adopted prior to January 1, 1994, after the date
identified in subdivision (b) or the date identified in the
redevelopment plan, whichever is earlier, except as provided in
paragraph (2) of subdivision (e), in subdivision (g), or in Section
33333.8.
(i) The Legislature finds and declares that the amendments made to
this section by Chapter 942 of the Statutes of 1993 are intended to
add limitations to the law on and after January 1, 1994, and are not
intended to change or express legislative intent with respect to the
law prior to that date. It is not the intent of the Legislature to
affect the merits of any litigation regarding the ability of a
redevelopment agency to sell bonds for a term that exceeds the limit
of a redevelopment plan pursuant to law that existed prior to January
1, 1994.
(j) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by Section 33333.2.
33333.7. (a) Notwithstanding the time limits in paragraph (1) of
subdivision (a) of Section 33333.6, as that paragraph (1) read on
December 31, 2001, the Redevelopment Agency of the City and County of
San Francisco may, subject to the approval of the Board of
Supervisors of the City and County of San Francisco, retain its
ability to incur indebtedness exclusively for Low and Moderate Income
Housing Fund activities eligible under Sections 33334.2 and 33334.3
until January 1, 2014, or until the agency replaces all of the
housing units demolished prior to the enactment of the replacement
housing obligations in Chapter 970 of the Statutes of 1975, whichever
occurs earlier. The ability of the agency to receive tax increment
revenues to repay indebtedness incurred for these Low and Moderate
Income Housing Fund activities may be extended until no later than
January 1, 2044. Nothing in this paragraph shall be construed to
extend a plan's effectiveness, except to incur additional
indebtedness for Low and Moderate Income Housing Fund activities, to
pay previously incurred indebtedness, and to enforce existing
covenants, contracts, or other obligations.
(b) Annual revenues shall not exceed the amount necessary to fund
the Low and Moderate Income Housing Fund activities of the agency.
The agency shall neither collect nor spend more than 10 percent for
the planning and administrative costs authorized pursuant to
subdivision (e) of Section 33334.3. Revenues received under this
paragraph shall not exceed the amount of tax increment received and
allocated to the agency pursuant to the plan, as it has been amended,
less the amount necessary to pay prior outstanding indebtedness, and
less the amount of the project area's property tax revenue that
school entities are entitled to receive pursuant to Chapter 3
(commencing with Section 75) and Chapter 6 (commencing with Section
95) of Part 0.5 of Division 1 of the Revenue and Taxation Code if the
plan had not been amended. Additionally, revenues collected under
this paragraph are subject to the payments to affected taxing
entities pursuant to Section 33607.
(c) The activities conducted with revenues received under this
paragraph shall be consistent with the policies and objectives of the
community's housing element, as reviewed and approved by the
department, and shall address the unmet housing needs of very low,
low- and moderate-income households. The activities shall also be
consistent with the community's most recently approved consolidated
and annual action plans submitted to the United States Department of
Housing and Urban Development, and if the director deems it
necessary, the annual action plans shall be submitted to the
department on an annual basis. No less than 50 percent of the
revenues received shall be devoted to assisting in the development of
housing that is affordable to very low income households.
(d) The agency shall not incur any indebtedness pursuant to this
paragraph until the director certifies, after consulting with the
agency, the net difference between the number of housing units
affordable to persons and families of low and moderate income that
the agency destroyed or removed prior to January 1, 1976, and the
number of housing units affordable to persons and families of low and
moderate income that the agency rehabilitated, developed, or
constructed, or caused to be rehabilitated, developed, or constructed
within the project areas adopted prior to January 1, 1976.
(e) The agency shall not incur any indebtedness pursuant to this
paragraph unless the director of the department certifies annually,
prior to the creation of indebtedness, all of the following:
(1) The community has a current housing element that substantially
complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code.
(2) The community's housing element indicates an unmet need for
Low and Moderate Income Housing Fund activities.
(3) The agency's most recent independent financial audit report
prepared pursuant to Section 33080.1 reports acceptable findings and
no major violations of this part.
(4) The agency has complied with subdivision (a) of Section
33334.2.
(5) The agency has met the requirements of this part with respect
to the provision of dwelling units for persons and families of low or
moderate income, including, but not limited to, the requirements of
Section 33413.
33333.8. (a) Every redevelopment agency shall comply with and
fulfill its obligations with regard to the provision of affordable
housing as required by this part prior to the time limit on the
effectiveness of the redevelopment plan established pursuant to
Sections 33333.2, 33333.6, and 33333.10, and before the agency
exceeds a limit on the number of dollars of taxes that may be divided
and allocated to the redevelopment agency if required by Section
33333.4 or the limit on the number of dollars of taxes in a
redevelopment plan. A legislative body may not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with its affordable housing obligations. Notwithstanding any
other provision of law, this section shall apply to each
redevelopment agency and each redevelopment project area established
or merged pursuant to this part and Part 1.5 (commencing with Section
34000), including project areas authorized pursuant to this chapter
and each individual project area that is authorized pursuant to any
other provision of law.
(1) The affordable housing obligations specified in subdivision
(a) shall include all of the following:
(A) The obligation to make deposits to and expenditures from the
Low and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, 33334.4, 33334.6, 33487, 33492.16, and other similar and
related statutes.
(B) The obligation to eliminate project deficits pursuant to
Sections 33334.6, 33487, 33492.16, and other similar and related
statutes.
(C) The obligation to expend or transfer excess surplus funds
pursuant to Section 33334.12 and other similar and related statutes.
(D) The obligation to provide relocation assistance pursuant to
Article 9 (commencing with Section 33410), Section 7260 of the
Government Code, or other applicable relocation laws.
(E) The obligation to provide replacement housing pursuant to
subdivision (a) of Section 33413, Article 9 (commencing with Section
33410), and other similar and related statutes.
(F) The obligation to provide inclusionary housing pursuant to
Section 33413 and other similar and related statutes and ordinances.
(2) A redevelopment agency shall not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with these obligations.
(b) If, on the date of the time limit on the effectiveness of the
redevelopment plan, a redevelopment agency has not complied with
subdivision (a), the time limit on the effectiveness of the
redevelopment plan, and, if necessary, the time limit for repayment
of indebtedness, shall be suspended until the agency has complied
with subdivision (a). In addition, the agency shall receive and use
all tax increment funds that are not pledged to repay indebtedness
until the agency has fully complied with its obligations.
(c) If, on the date of the time limit on the repayment of
indebtedness, the agency has not complied with subdivision (a), the
time limit on the repayment of indebtedness shall be suspended until
the agency has complied with subdivision (a). In addition, the agency
shall receive and use tax increment funds until the agency has fully
complied with its obligations.
(d) If, on the date of the time limit on the repayment of
indebtedness, the agency has complied with its obligations under
subdivision (a) and has moneys remaining in the Low and Moderate
Income Housing Fund, the agency shall transfer the remaining moneys
to a low and moderate income housing fund or account for a different
project area within the agency's jurisdiction, if one exists, or if a
different project area does not exist, the agency shall either
transfer the remaining moneys to a special fund of the community or
to the community or county housing authority. The community,
community housing authority, or county housing authority to which the
remaining moneys are transferred shall utilize the moneys for the
purposes of, and subject to the same restrictions that are applicable
to, the redevelopment agency under this part.
(e) If a redevelopment plan provides a limit on the total amount
of tax increment funds that may be received by a redevelopment agency
for any project area, and if that limit is reached prior to the
agency complying with its obligations pursuant to subdivision (a),
that limit is suspended until the agency has complied with
subdivision (a) and the agency shall receive and use tax increment
funds until the agency has fully complied with its obligations.
(f) If an agency fails to comply with its obligations pursuant to
this section, any person may seek judicial relief. The court shall
require the agency to take all steps necessary to comply with those
obligations, including, as necessary, the adoption of ordinances, to
incur debt, to obtain tax increments, to expend tax increments, and
to enter into contracts as necessary to meet its housing obligations
under this part.
33333.10. (a) (1) Notwithstanding the time limits in subdivisions
(a) and (b) of Section 33333.6, an agency that adopted a
redevelopment plan on or before December 31, 1993, may, pursuant to
this section, amend that plan to extend the time limit on
effectiveness of the plan for up to 10 additional years beyond the
limit allowed by subdivision (a) of Section 33333.6.
(2) In addition, the agency may, pursuant to this section, amend
that plan to extend the time limit on the payment of indebtedness and
receipt of property taxes to be not more than 10 years from the
termination of the effectiveness of the redevelopment plan as that
time limit has been amended pursuant to paragraph (1).
(b) A redevelopment plan may be amended pursuant to subdivision
(a) only after the agency finds, based on substantial evidence, that
both of the following conditions exist:
(1) Significant blight remains within the project area.
(2) This blight cannot be eliminated without extending the
effectiveness of the plan and the receipt of property taxes.
(c) As used in this section:
(1) "Blight" has the same meaning as that term is given in Section
33030.
(2) "Significant" means important and of a magnitude to warrant
agency assistance.
(3) "Necessary and essential parcels" means parcels that are not
blighted but are so necessary and essential to the elimination of the
blight that these parcels should be included within the portion of
the project area in which tax increment funds may be spent.
"Necessary and essential parcels" are (A) parcels that are adjacent
to one or more blighted parcels that are to be assembled in order to
create a parcel of adequate size given present standards and market
conditions, and (B) parcels that are adjacent or near parcels that
are blighted on which it is necessary to construct a public
improvement to eliminate the blight.
(d) For purposes of this section, significant blight can exist in
a project area even though blight is not prevalent in a project area.
The report submitted to the legislative body pursuant to Section
33352 shall identify on a map the portion of the project area in
which significant blight remains.
(e) After the limit on the payment of indebtedness and receipt of
property taxes that would have taken effect but for the amendment
pursuant to this section, except for funds deposited in the Low and
Moderate Income Housing Fund pursuant to Section 33334.2 or 33334.6,
the agency shall spend tax increment funds only within the portion of
the project area that has been identified in the report adopted
pursuant to Section 33352 as the area containing blighted parcels and
necessary and essential parcels. Except as otherwise limited by
subdivisions (f) and (g), agencies may continue to spend funds
deposited in the Low and Moderate Income Housing Fund in accordance
with this division.
(f) (1) Except as otherwise provided in this subdivision, after
the limit on the payment of indebtedness and receipt of property
taxes that would have taken effect, but for the amendment pursuant to
this section, agencies shall only spend moneys from the Low and
Moderate Income Housing Fund for the purpose of increasing,
improving, and preserving the community's supply of housing at
affordable housing cost to persons and families of low, very low, or
extremely low income, as defined in Sections 50079.5, 50093, 50105,
and 50106. During this period, an agency that has adopted an
amendment pursuant to subdivision (a) may use moneys from the Low and
Moderate Income Housing Fund for the purpose of increasing,
improving, and preserving housing at affordable housing cost to
persons and families of moderate income as defined in Section 50093.
However, this amount shall not exceed, in a five-year period, the
amount of moneys from the Low and Moderate Income Housing Fund that
are used to increase, improve, and preserve housing at affordable
housing cost to persons and families of extremely low income, as
defined in Section 50106. In no case shall the amount expended for
housing for persons and families of moderate income exceed 15 percent
of the annual amount deposited in the Low and Moderate Income
Housing Fund during a five-year period and the number of housing
units affordable to moderate-income persons shall not exceed the
number of housing units affordable to extremely low income persons.
(2) Commencing with the first fiscal year that commences after the
date of the adoption of an amendment pursuant to subdivision (a) and
until the limit on the payment of indebtedness and receipt of
property taxes that would have taken effect but for the amendment
pursuant to this section, an agency that has adopted an amendment
pursuant to subdivision (a) may use moneys from the Low and Moderate
Income Housing Fund for the purpose of increasing, improving, and
preserving housing at affordable housing cost to persons and families
of moderate income as defined in Section 50093. However, this amount
shall not exceed, in a five-year period, 15 percent of the amount of
moneys deposited in the Low and Moderate Income Housing Fund during
that five-year period and shall only be used to assist housing
projects in which no less than 49 percent of the units are affordable
to and occupied by persons and families of low, very low, or
extremely low income. An agency may spend an additional amount of
moneys in the same or other housing projects to assist housing units
affordable to and occupied by moderate-income persons. However, this
amount shall not exceed the lesser of: the amount of moneys spent to
increase, improve, and preserve housing at affordable housing cost to
persons and families of extremely low income as defined in Section
50106, or 5 percent of the moneys deposited in the Low and Moderate
Income Housing Fund during that five-year period.
(g) (1) Except as provided in paragraph (2) or (3), commencing
with the first fiscal year that commences after the date of adoption
of an amendment pursuant to subdivision (a), not less than 30 percent
of all taxes that are allocated to the agency pursuant to Section
33670 from the redevelopment project area so amended shall be
deposited into that project's Low and Moderate Income Housing Fund
for the purposes specified in subdivision (f).
(2) In any fiscal year, the agency may deposit less than the
amount required by paragraph (1), but not less than the amount
required by Section 33334.2 or 33334.6, into the Low and Moderate
Income Housing Fund if the agency finds that the difference between
the amount deposited and the amount required by paragraph (1) is
necessary to make principal and interest payments during that fiscal
year on bonds sold by the agency to finance or refinance the
redevelopment project prior to six months before the date of adoption
of the amendment pursuant to subdivision (a). Bonds sold by the
agency prior to six months before the date of the adoption of the
amendment pursuant to subdivision (a) may only be refinanced,
refunded, or restructured after the date of the amendment pursuant to
subdivision (a). However, for purposes of this section, bonds
refinanced, refunded, or restructured after the date of the amendment
pursuant to subdivision (a) may only be treated as if sold on the
date the original bonds were sold if (A) the net proceeds were used
to refinance the original bonds, (B) there is no increase in the
amount of principal at the time of refinancing, restructuring, or
refunding, and (C) the time during which the refinanced indebtedness
is to be repaid does not exceed the date on which the existing
indebtedness would have been repaid.
(3) No later than 120 days prior to depositing less than the
amount required by paragraph (1) into the Low and Moderate Income
Housing Fund, the agency shall adopt, by resolution after a noticed
public hearing, a finding that the difference between the amount
allocated and the amount required by paragraph (1) is necessary to
make payments on bonds sold by the agency to finance or refinance the
redevelopment project and identified in the preliminary report
adopted pursuant to paragraph (9) of subdivision (e) of Section
33333.11, and specifying the amount of principal remaining on the
bonds, the amount of annual payments, and the date on which the
indebtedness will be repaid. Notice of the time and place of the
public hearing shall be published in a newspaper of general
circulation once a week for at least two successive weeks prior to
the public hearing. The agency shall make available to the public the
proposed resolution no later than the time of the publication of the
first notice of the public hearing. A copy of the resolution shall
be transmitted to the Department of Housing and Community Development
within 10 days after adoption.
(4) Notwithstanding paragraph (1), an agency that sells bonds on
or after the date of adoption of an amendment pursuant to subdivision
(a), the repayment of which is to be made from taxes allocated to
the agency pursuant to Section 33670 from the project so amended, may
elect to subordinate up to 16 2/3 percent of its annual 30-percent
Low and Moderate Income Housing Fund deposit obligation to the
payment of debt service on the bonds. If the agency makes that
election and in any year the agency has insufficient tax-increment
revenue available to pay debt service on the bonds to which the funds
from the Low and Moderate Income Housing Fund are subordinated, the
agency may deposit less than the full 100 percent of its annual
30-percent Low and Moderate Income Housing Fund obligation but only
to the extent necessary to pay that debt service and in no event
shall less than 83 1/3 percent of that obligation be deposited into
the Low and Moderate Income Housing Fund for that year. The
difference between the amount that is actually deposited in the Low
and Moderate Income Housing Fund and the full 100 percent of the
agency's 30-percent Low and Moderate Income Housing Fund deposit
obligation shall constitute a deficit in the Low and Moderate Income
Housing Fund subject to repayment pursuant to paragraph (5).
(5) If, pursuant to paragraph (2) or (4), the agency deposits less
than 30 percent of the taxes allocated to the agency pursuant to
Section 33670 in any fiscal year in the Low and Moderate Income
Housing Fund, the amount equal to the difference between 30 percent
of the taxes allocated to the agency pursuant to Section 33670 for
each affected redevelopment project area and the amount actually
deposited in the Low and Moderate Income Housing Fund for that fiscal
year shall be established as a deficit in the Low and Moderate
Income Housing Fund. Any new tax increment funds not encumbered
pursuant to paragraph (2) or (4) shall be utilized to reduce or
eliminate the deficit prior to entering into any new contracts,
commitments, or indebtedness. The obligations imposed by this section
are hereby declared to be an indebtedness of the redevelopment
project to which they relate, payable from taxes allocated to the
agency pursuant to Section 33670 and, notwithstanding any other
provision of law, shall constitute an indebtedness of the agency with
respect to the redevelopment project, and the agency shall continue
to receive allocations of taxes pursuant to Section 33670 until the
deficit is paid in full.
(h) An agency may not amend its redevelopment plan pursuant to
this section unless the agency first adopts a resolution that finds,
based on substantial evidence, all of the following:
(1) The community has adopted a housing element that the
department has determined pursuant to Section 65585 of the Government
Code to be in substantial compliance with the requirements of
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division
1 of Title 7 of the Government Code, or if applicable, an eligible
city or county within the jurisdiction of the San Diego Association
of Governments has adopted a self-certification of compliance with
its adopted housing element pursuant to Section 65585.1 of the
Government Code.
(2) During the three fiscal years prior to the year in which the
amendment is adopted, the agency has not been included in the report
sent by the Controller to the Attorney General pursuant to
subdivision (b) of Section 33080.8 as an agency that has a "major
violation" pursuant to Section 33080.8.
(3) After a written request by the agency and provision of the
information requested by the department, the department has issued a
letter to the agency, confirming that the agency has not accumulated
an excess surplus in its Low and Moderate Income Housing Fund. As
used in this section, "excess surplus" has the same meaning as that
term is defined in Section 33334.12. The department shall develop a
methodology to collect information required by this section.
Information requested by the department shall include a certification
by the agency's independent auditor on the status of excess surplus
and submittal of data for the department to verify the status of
excess surplus. The independent auditor shall make the required
certification based on the Controller's office guidelines which shall
include the methodology prescribed by the department pursuant to
subparagraph (D) of paragraph (3) of subdivision (g) of Section
33334.12. If the department does not respond to the written request
of the agency for this determination within 90 days after receipt of
the written request, compliance with this requirement shall be deemed
confirmed.
(i) Each redevelopment plan that has been adopted prior to January
1, 1976, that is amended pursuant to subdivision (a) shall also be
amended at the same time to make subdivision (b) of Section 33413
applicable to the redevelopment plan in accordance with paragraph (1)
of subdivision (d) of Section 33413.
(j) The amendment to the redevelopment plan authorized pursuant to
this section shall be made by ordinance pursuant to Article 12
(commencing with Section 33450). The ordinance shall be subject to
referendum as prescribed by law for ordinances of the legislative
body.
(k) This section shall not apply to a project area that retains
its eligibility to incur indebtedness and receive tax increment
revenues pursuant to Section 33333.7.
( l) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit allocation of taxes to
an agency to the extent required to comply with Section 33333.8. In
the event of a conflict between these limitations and the obligations
under Section 33333.8, the limitation established in the ordinance
shall be suspended pursuant to Section 33333.8.
33333.11. (a) In order to adopt an amendment pursuant to Section
33333.10, the redevelopment agency shall also comply with the
procedures in this section.
(b) Before adopting an amendment of the plan, the agency shall
hold a public hearing on the proposed amendment. The notice of the
public hearing shall comply with Section 33452.
(c) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with each
affected taxing agency with respect to the proposed amendment. At a
minimum, the agency shall give each affected taxing agency the
opportunity to meet with representatives of the agency for the
purpose of discussing the effect of the proposed amendment upon the
affected taxing agency and shall notify each affected taxing agency
that any written comments from the affected taxing agency will be
included in the report to the legislative body.
(d) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with and obtain
the advice of members of a project area committee, if a project area
committee exists, and residents and community organizations and
provide to those persons and organizations, including the project
area committee, if any, the amendment prior to the agency's
submitting the amendment to the legislative body. In addition, the
preliminary report prepared pursuant to subdivision (e) shall be made
available at no cost to the project area committee, if one exists,
and residents and community organizations not later than 120 days
prior to holding a public hearing on the proposed amendment.
(e) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send to each affected taxing
entity, as defined in Section 33353.2, the Department of Finance,
and the Department of Housing and Community Development, a
preliminary report that contains all of the following:
(1) A map of the project area that identifies the portion, if any,
of the project area that is no longer blighted and the portion of
the project area that is blighted and the portion of the project area
that contains necessary and essential parcels for the elimination of
the remaining blight.
(2) A description of the remaining blight.
(3) A description of the projects or programs proposed to
eliminate the remaining blight.
(4) A description of how the project or programs will improve the
conditions of blight.
(5) The reasons why the projects or programs cannot be completed
without extending the time limits on the effectiveness of the plan
and receipt of tax increment revenues.
(6) The proposed method of financing these programs or projects.
This description shall include the amount of tax increment revenues
that is projected to be generated during the period of the extension,
including amounts projected to be deposited into the Low and
Moderate Income Housing Fund and amounts to be paid to affected
taxing entities. This description shall also include sources and
amounts of moneys other than tax increment revenues that are
available to finance these projects or programs. This description
shall also include the reasons that the remaining blight cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without the use of the
tax increment revenues available to the agency because of the
proposed amendment.
(7) An amendment to the agency's implementation plan that
includes, but is not limited to, the agency's housing
responsibilities pursuant to Section 33490. However, the agency shall
not be required to hold a separate public hearing on the
implementation plan pursuant to subdivision (d) of Section 33490 in
addition to the public hearing on the amendment to the redevelopment
plan.
(8) A new neighborhood impact report if required by subdivision
(m) of Section 33352.
(9) A description of each bond sold by the agency to finance or
refinance the redevelopment project prior to six months before the
date of adoption of the proposed amendment, and listing for each bond
the amount of remaining principal, the annual payments, and the date
that the bond will be paid in full.
(f) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send the proposed amendment
to the planning commission. If the planning commission does not
report upon the amendment within 30 days after its submission by the
agency, the planning commission shall be deemed to have waived its
report and recommendations concerning the amendment.
(g) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing of the
agency and the legislative body, the agency shall notify each
affected taxing entity, the Department of Finance, the Department of
Housing and Community Development, and each individual and
organization that submitted comments on the preliminary report by
certified mail of the public hearing, the date of the public hearing,
and the proposed amendment. This notice shall be accompanied by the
report required to be prepared pursuant to subdivision (h).
(h) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing by the
agency and the legislative body, the agency shall adopt a report to
the legislative body containing all of the following:
(1) All of the information required to be contained in the
preliminary report prepared pursuant to subdivision (e).
(2) The report and recommendation of the planning commission.
(3) A negative declaration, environmental impact report, or other
document that is required in order to comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code.
(4) A summary of the consultations with the affected taxing
entities. If any of the affected taxing entities has expressed
written objections or concerns with the proposed amendment as part of
these consultations, the agency shall include a detailed response to
each of these concerns.
(5) A summary of the consultation with residents and community
organizations, including the project area committee, if any. If any
resident or community organization, including the project area
committee, if any, has expressed written objections or concerns with
the proposed amendment as part of these consultations, the agency
shall include a detailed response to each of these concerns.
(i) After receiving the recommendation of the agency on the
proposed amendment, and not sooner than 30 days after the submission
of changes to the planning commission, the legislative body shall
hold a public hearing on the proposed amendment. At the public
hearing, the legislative body shall consider any objections or
concerns with the proposed amendment expressed by the affected taxing
entities, a project area committee, if any, residents, and community
organizations. The notice of the public hearing shall comply with
Section 33452.
(j) As an alternative to the separate public hearing required by
subdivision (i), the agency and the legislative body, with the
consent of both, may hold a joint public hearing on the proposed
amendment. At the public hearing, the agency and legislative body
shall consider any objections or concerns with the proposed amendment
expressed by the affected taxing entities, a project area committee,
if any, residents, and community organizations. Notice of this
public hearing shall comply with Section 33452. When a joint public
hearing is held and the legislative body is also the agency, the
legislative body may adopt the amended plan with no actions required
of the agency. If, after the public hearing, the legislative body
determines that the amendment to the plan is necessary or desirable,
the legislative body shall adopt an ordinance amending the ordinance
adopting the plan thus amended. The ordinance adopting the amendment
shall contain findings that both (1) significant blight remains
within the project area, and (2) the blight cannot be eliminated
without the extension of the effectiveness of the plan and receipt of
tax increm
33330. Each agency shall prepare or cause to be prepared, and
approve, a redevelopment plan for each project area and for that
purpose may hold hearings and conduct examinations, investigations,
and other negotiations. The agency shall consult with the planning
commission of the community and with the project area committee, if
applicable, in preparing a redevelopment plan.
33331. Every redevelopment plan shall be consistent with the
community's general plan.
33331.4. (a) A redevelopment agency undertaking activities and
funding involving property described in paragraph (3) of subdivision
(c) of Section 33030 shall comply with all of the requirements of
this part, except as specifically modified in subdivision (b).
(b) In addition to the requirements specified in subdivision (a),
all of the following apply:
(1) The project shall include the replacement, on at least a
one-to-one basis, of all existing public housing units. The
replacement dwelling units shall be affordable to, and occupied by,
extremely low, very low, and lower income households as defined in
Sections 50079.5, 50105, and 50106, respectively, at the same or
lower income level as the household displaced from the public housing
units, for at least 55 years.
(2) The replacement dwelling units may be either publicly or
privately owned and shall meet all of the following requirements:
(A) Be located either inside the project area, or within a
five-mile radius of the parcel containing the public housing that is
being replaced.
(B) Shall be, for each income level described in paragraph (1), a
unit type and size as required by the displaced household. The
required size shall conform to the principles for a public housing
policy on occupancy, contained in the "Public Housing Occupancy
Guidebook," published by the United States Department of Housing and
Urban Development.
(C) Shall be affordable to each displaced household that chooses
to relocate to a replacement unit, such that the rent does not exceed
30 percent of the income of that household.
(c) No household shall be displaced under this section unless they
are given priority for a permanent replacement dwelling unit created
pursuant to this section at the initial time of relocation. This
subdivision does not apply if the household, having been given
priority for a replacement dwelling unit under this part, voluntarily
chooses not to accept the replacement dwelling unit.
(d) The project may include both of the following:
(1) The development of additional privately owned housing units
that will be available to and occupied by persons and families of low
or moderate income, as defined in Section 50093, including very low
income households, as defined in Section 50105, at an affordable
housing cost, as defined in Section 50025.5.
(2) Workforce market-rate housing units, retail services,
commercial, industrial, educational, recreational, and other uses as
may be appropriate to serve the residents of the area, and public
improvements inside or adjacent to the project area.
33331.5. Notwithstanding Section 33333.2 or 33333.6, when an agency
is required pursuant to Section 33690 to make a payment to the
county auditor for deposit in the county's Supplemental Educational
Revenue Augmentation Fund to be established in the county treasury
pursuant to paragraph (1) of subdivision (a) of Section 33690 and the
agency has allocated the full amount calculated pursuant to
paragraph (2) of subdivision (a) of Section 33690, the legislative
body may amend the redevelopment plan to extend the time limits
required pursuant to paragraphs (2) and (3) of subdivision (a) of
Section 33333.2 or subdivision (a) of Section 33333.6 by one year.
When amending a redevelopment plan pursuant to this section, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans, including, but not limited to, the requirement
to make the payment to the affected taxing entities required by
Section 33607.7.
33332. Every redevelopment plan shall contain a legal description
of the boundaries of the project area and shall be based upon the
preliminary plan.
33333. Every redevelopment plan shall show by diagram and in
general terms:
(a) The approximate amount of open space to be provided and street
layout.
(b) Limitations on type, size, height, number, and proposed use of
buildings.
(c) The approximate number of dwelling units.
(d) The property to be devoted to public purposes and the nature
of such purposes.
33333.2. (a) A redevelopment plan containing the provisions set
forth in Section 33670 shall contain all of the following
limitations. A redevelopment plan that does not contain the
provisions set forth in Section 33670 shall contain the limitations
in paragraph (4):
(1) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project, which may not exceed 20 years from the
adoption of the redevelopment plan, except by amendment of the
redevelopment plan as authorized by subparagraph (B). This limit,
however, shall not prevent agencies from incurring debt to be paid
from the Low and Moderate Income Housing Fund or establishing more
debt in order to fulfill the agency's housing obligations under
subdivision (a) of Section 33333.8. The loans, advances, or
indebtedness may be repaid over a period of time longer than this
time limit as provided in this section. No loans, advances, or
indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the agency beyond this time limitation.
This limit shall not prevent agencies from refinancing, refunding, or
restructuring indebtedness after the time limit if the indebtedness
is not increased and the time during which the indebtedness is to be
repaid is not extended beyond the time limit to repay indebtedness
required by this section.
(B) The time limitation established by subparagraph (A) may be
extended only by amendment of the redevelopment plan after the agency
finds, based on substantial evidence, that (i) significant blight
remains within the project area; and (ii) this blight cannot be
eliminated without the establishment of additional debt. However,
this amended time limitation may not exceed 30 years from the
effective date of the ordinance adopting the redevelopment plan,
except as necessary to comply with subdivision (a) of Section
33333.8.
(2) A time limit, not to exceed 30 years from the adoption of the
redevelopment plan, on the effectiveness of the redevelopment plan.
After the time limit on the effectiveness of the redevelopment plan,
the agency shall have no authority to act pursuant to the
redevelopment plan except to pay previously incurred indebtedness and
to enforce existing covenants or contracts, unless the agency has
not completed its housing obligations pursuant to subdivision (a) of
Section 33333.8, in which case the agency shall retain its authority
to implement requirements under subdivision (a) of Section 33333.8,
including its ability to incur and pay indebtedness for this purpose,
and shall use this authority to complete these housing obligations
as soon as is reasonably possible.
(3) A time limit, not to exceed 45 years from the adoption of the
redevelopment plan, to repay indebtedness with the proceeds of
property taxes received pursuant to Section 33670. After the time
limit established pursuant to this paragraph, an agency may not
receive property taxes pursuant to Section 33670, except as necessary
to comply with subdivision (a) of Section 33333.8.
(4) A time limit, not to exceed 12 years from the adoption of the
redevelopment plan, for commencement of eminent domain proceedings to
acquire property within the project area. This time limitation may
be extended only by amendment of the redevelopment plan after the
agency finds, based on substantial evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
(b) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by this section.
(c) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to paragraphs (2)
and (3) of subdivision (a) by one year by adoption of an ordinance.
In adopting this ordinance, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(d) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
paragraphs (2) and (3) of subdivision (a) by the following:
(1) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to paragraph (2) of subdivision (a) is 10 years or less from
the last day of the fiscal year in which that payment is made.
(2) One year for each year in which a payment is made, if both of
the following apply:
(A) The time limit for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more
than 10 years but less than 20 years from the last day of the fiscal
year in which a payment is made.
(B) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, all of the following
apply:
(i) The agency is in compliance with the requirements of Section
33334.2 or 33334.6, as applicable.
(ii) The agency has adopted an implementation plan in accordance
with the requirements of Section 33490.
(iii) The agency is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable.
(iv) The agency is not subject to sanctions pursuant to
subdivision (e) of Section 33334.12 for failure to expend, encumber,
or disburse an excess surplus.
(3) This subdivision shall not apply to any redevelopment plan if
the time limits for the effectiveness of the redevelopment plan
established pursuant to paragraph (2) of subdivision (a) is more than
20 years after the last day of the fiscal year in which a payment is
made.
(4) The legislative body by ordinance may adopt the amendments
provided for under this subdivision following a public hearing.
Notice of the public hearing shall be mailed to the governing body of
each of the affected taxing entities at least 30 days prior to the
hearing. Notice shall also be published in a newspaper of general
circulation in the community at least once, not less than 10 days
prior to the date of the public hearing. The ordinance shall contain
a finding of the legislative body that funds used to make a payment
to the county's Educational Revenue Augmentation Fund pursuant to
Section 33681.12 would otherwise have been used to pay the costs of
projects and activities necessary to carry out the goals and
objectives of the redevelopment plan. In adopting an ordinance
pursuant to this subdivision, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part.
(e) This section shall apply only to redevelopment projects for
which a final redevelopment plan is adopted pursuant to Article 5
(commencing with Section 33360) on or after January 1, 1994, and to
amendments that add territory and that are adopted on or after
January 1, 1994.
33333.3. (a) The redevelopment agency shall send a notice of
preparation and a copy of a draft environmental impact report to each
affected taxing entity, as defined in Section 33353.2, prepared in
accordance with the provisions of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) and regulations adopted pursuant thereto.
(b) If the project area contains land in agricultural use, as
defined in subdivision (b) of Section 51201 of the Government Code,
the redevelopment agency shall also send a copy of the draft
environmental impact report to the Department of Conservation, the
county agricultural commissioner, the county farm bureau, the
California Farm Bureau Federation, and agricultural entities and
general farm organizations that provide a written request for notice.
A separate written request for notice shall be required for each
proposed redevelopment plan or amendment that adds territory. A
written request for notice applicable to one redevelopment plan or
amendment shall not be effective for a subsequent plan or amendment.
33333.4. (a) Every legislative body that adopted a final
redevelopment plan prior to October 1, 1976, that contains the
provisions set forth in Section 33670 but does not contain all of the
limitations required by Section 33333.2, shall adopt an ordinance on
or before December 31, 1986, that contains all of the following:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated to the redevelopment agency pursuant to the
plan, including any amendments to the plan. Taxes shall not be
divided and shall not be allocated to the redevelopment agency beyond
that limitation, except as necessary to comply with subdivision (a)
of Section 33333.8.
(2) A time limit on the establishing of loans, advances, and
indebtedness to finance in whole, or in part, the redevelopment
project. No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the agency
beyond the time limitation, except as necessary to comply with
subdivision (a) of Section 33333.8.
(3) A time limit, not to exceed 12 years, for commencement of
eminent domain proceedings to acquire property within the project
area. This time limitation may be extended only by amendment of the
redevelopment plan after the agency finds, based on substantial
evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
(b) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance, neither the legislative body nor
the agency is required to comply with Article 12 (commencing with
Section 33450) or any other provision of this part relating to the
amendment of redevelopment plans.
(c) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit allocation of taxes to
an agency to the extent required to eliminate project deficits
created under subdivision (g) of Section 33334.6 in accordance with
the plan adopted pursuant thereto for the purpose of eliminating the
deficit or to comply with subdivision (a) of Section 33333.8. In the
event of a conflict between these limitations and the obligations
under Section 33334.6 or subdivision (a) of Section 33333.8, the
legislative body shall amend the ordinance adopted pursuant to this
section to modify the limitations to the extent necessary to permit
compliance with the plan adopted pursuant to subdivision (g) of
Section 33334.6, to permit compliance with subdivision (a) of Section
33333.8, and to allow full expenditure of moneys in the agency's Low
and Moderate Income Housing Fund in accordance with Section 33334.3.
The procedure for amending the ordinance pursuant to this
subdivision shall be the same as for adopting the ordinance under
subdivision (b).
(d) This section shall not be construed to allow the impairment of
any obligation or indebtedness incurred by the legislative body or
the agency pursuant to this part.
(e) In any litigation to challenge or attack any ordinance adopted
pursuant to this section, the court shall sustain the actions of the
legislative body and the agency unless the court finds those actions
were arbitrary or capricious. The Legislature finds and declares
that this is necessary because redevelopment agencies with project
areas established prior to October 1, 1976, have incurred existing
obligations and indebtedness and have adopted projects, programs, and
activities with the authority to receive and pledge the entire
allocation of taxes authorized by Section 33670 and that it is
necessary to protect against the possible impairment of existing
obligations and indebtedness and to allow the completion of adopted
projects and programs.
(f) The ordinance adopted by the legislative body in compliance
with this section does not relieve any agency of its obligations
under Section 33333.8, 33334.2, 33334.3, Article 9 (commencing with
Section 33410), or any other requirement contained in this part.
(g) A redevelopment plan adopted on or after October 1, 1976, and
prior to January 1, 1994, containing the provisions set forth in
Section 33670, shall also contain:
(1) A limitation on the number of dollars of taxes that may be
divided and allocated to the agency pursuant to the plan, including
any amendments to the plan. Taxes shall not be divided and shall not
be allocated to the agency beyond this limitation, except pursuant to
amendment of the redevelopment plan, or as necessary to comply with
subdivision (a) of Section 33333.8.
(2) A time limit, not to exceed 12 years, for commencement of
eminent domain proceedings to acquire property within the project
area. This time limitation may be extended only by amendment of the
redevelopment plan after the agency finds, based on substantial
evidence, both of the following:
(A) That significant blight remains within the project area.
(B) That this blight cannot be eliminated without the use of
eminent domain.
33333.5. (a) With respect to the adoption of the redevelopment plan
for an area of the City of South Gate with the approximate
boundaries east of Atlantic Boulevard, south of Wood Avenue, north of
Aldrich Road, and west of the Los Angeles River, the agency shall be
exempt from the provisions of Sections 33322 to 33327, inclusive,
and Section 33330 related to the addition of new territory to
existing project areas.
(b) Notwithstanding any other exemption granted by this section,
the City of South Gate shall, prior to adoption of a redevelopment
plan, conduct at least two public meetings on the proposed plan for
South Gate residents and property owners. The City of South Gate
shall also cause to be organized a citizens' advisory committee
comprised of residents and property owners of the project, which
shall advise the agency on development strategy and plans and other
matters that may affect the residents of the project area. The
citizens' advisory committee shall remain in existence for at least
three years.
(c) The adoption of a redevelopment plan pursuant to this section
is limited to a plan that adds land into an existing redevelopment
plan and does not involve a change of any general plan or zoning
ordinance or grant any variance. Any change in zoning, a general
plan, or a variance relating to the additional redevelopment plan
area shall be subject to all applicable requirements of law.
(d) Nothing in this section shall preclude the City of South Gate
or its redevelopment agency from using a prior environmental impact
report prepared for the site, referenced in subdivision (a), pursuant
to Section 15153 of Title 14 of the California Code of Regulations.
33333.6. The limitations of this section shall apply to every
redevelopment plan adopted on or before December 31, 1993.
(a) The effectiveness of every redevelopment plan to which this
section applies shall terminate at a date that shall not exceed 40
years from the adoption of the redevelopment plan or January 1, 2009,
whichever is later. After the time limit on the effectiveness of the
redevelopment plan, the agency shall have no authority to act
pursuant to the redevelopment plan except to pay previously incurred
indebtedness, to comply with Section 33333.8 and to enforce existing
covenants, contracts, or other obligations.
(b) Except as provided in subdivisions (f) and (g), a
redevelopment agency may not pay indebtedness or receive property
taxes pursuant to Section 33670 after 10 years from the termination
of the effectiveness of the redevelopment plan pursuant to
subdivision (a).
(c) (1) If plans that had different dates of adoption were merged
on or before December 31, 1993, the time limitations required by this
section shall be counted individually for each merged plan from the
date of the adoption of each plan. If an amendment to a redevelopment
plan added territory to the project area on or before December 31,
1993, the time limitations required by this section shall commence,
with respect to the redevelopment plan, from the date of the adoption
of the redevelopment plan, and, with respect to the added territory,
from the date of the adoption of the amendment.
(2) If plans that had different dates of adoption are merged on or
after January 1, 1994, the time limitations required by this section
shall be counted individually for each merged plan from the date of
the adoption of each plan.
(d) (1) Unless a redevelopment plan adopted prior to January 1,
1994, contains all of the limitations required by this section and
each of these limitations does not exceed the applicable time limits
established by this section, the legislative body, acting by
ordinance on or before December 31, 1994, shall amend every
redevelopment plan adopted prior to January 1, 1994, either to amend
an existing time limit that exceeds the applicable time limit
established by this section or to establish time limits that do not
exceed the provisions of subdivision (b) or (c).
(2) The limitations established in the ordinance adopted pursuant
to this section shall apply to the redevelopment plan as if the
redevelopment plan had been amended to include those limitations.
However, in adopting the ordinance required by this section, neither
the legislative body nor the agency is required to comply with
Article 12 (commencing with Section 33450) or any other provision of
this part relating to the amendment of redevelopment plans.
(e) (1) If a redevelopment plan adopted prior to January 1, 1994,
contains one or more limitations required by this section, and the
limitation does not exceed the applicable time limit required by this
section, this section shall not be construed to require an amendment
of this limitation.
(2) (A) A redevelopment plan adopted prior to January 1, 1994,
that has a limitation shorter than the terms provided in this section
may be amended by a legislative body by adoption of an ordinance on
or after January 1, 1999, but on or before December 31, 1999, to
extend the limitation, provided that the plan as so amended does not
exceed the terms provided in this section. In adopting an ordinance
pursuant to this subparagraph, neither the legislative body nor the
agency is required to comply with Section 33354.6, Article 12
(commencing with Section 33450), or any other provision of this part
relating to the amendment of redevelopment plans.
(B) On or after January 1, 2002, a redevelopment plan may be
amended by a legislative body by adoption of an ordinance to
eliminate the time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002. In
adopting an ordinance pursuant to this subparagraph, neither the
legislative body nor the agency is required to comply with Section
33354.6, Article 12 (commencing with Section 33450), or any other
provision of this part relating to the amendment of redevelopment
plans, except that the agency shall make the payment to affected
taxing entities required by Section 33607.7.
(C) When an agency is required to make a payment pursuant to
Section 33681.9, the legislative body may amend the redevelopment
plan to extend the time limits required pursuant to subdivisions (a)
and (b) by one year by adoption of an ordinance. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33354.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, including, but
not limited to, the requirement to make the payment to affected
taxing entities required by Section 33607.7.
(D) When an agency is required pursuant to Section 33681.12 to
make a payment to the county auditor for deposit in the county's
Educational Revenue Augmentation Fund created pursuant to Article 3
(commencing with Section 97) of Chapter 6 of Part 0.5 of Division 1
of the Revenue and Taxation Code, the legislative body may amend the
redevelopment plan to extend the time limits required pursuant to
subdivisions (a) and (b) by the following:
(i) One year for each year in which a payment is made, if the time
limit for the effectiveness of the redevelopment plan established
pursuant to subdivision (a) is 10 years or less from the last day of
the fiscal year in which a payment is made.
(ii) One year for each year in which a payment is made, if both of
the following apply:
(I) The time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 10 years but
less than 20 years from the last day of the fiscal year in which a
payment is made.
(II) The legislative body determines in the ordinance adopting the
amendment that, with respect to the project, the agency is in
compliance with Section 33334.2 or 33334.6, as applicable, has
adopted an implementation plan in accordance with the requirements of
Section 33490, is in compliance with subdivisions (a) and (b) of
Section 33413, to the extent applicable, and is not subject to
sanctions pursuant to subdivision (e) of Section 33334.12 for failure
to expend, encumber, or disburse an excess surplus.
(iii) This subparagraph shall not apply to any redevelopment plan
if the time limit for the effectiveness of the redevelopment plan
established pursuant to subdivision (a) is more than 20 years after
the last day of the fiscal year in which a payment is made.
(3) (A) The legislative body by ordinance may adopt the amendments
provided for under this paragraph following a public hearing. Notice
of the public hearing shall be mailed to the governing body of each
affected taxing entity at least 30 days prior to the public hearing
and published in a newspaper of general circulation in the community
at least once, not less than 10 days prior to the date of the public
hearing. The ordinance shall contain a finding of the legislative
body that funds used to make a payment to the county's Educational
Revenue Augmentation Fund pursuant to Section 33681.12 would
otherwise have been used to pay the costs of projects and activities
necessary to carry out the goals and objectives of the redevelopment
plan. In adopting an ordinance pursuant to this paragraph, neither
the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of
redevelopment plans.
(B) The time limit on the establishment of loans, advances, and
indebtedness shall be deemed suspended and of no force or effect but
only for the purpose of issuing bonds or other indebtedness the
proceeds of which are used to make the payments required by Section
33681.12 if the following apply:
(i) The time limit on the establishment of loans, advances, and
indebtedness required by this section prior to January 1, 2002, has
expired and has not been eliminated pursuant to subparagraph (B).
(ii) The agency is required to make a payment pursuant to Section
33681.12.
(iii) The agency determines that in order to make the payment
required by Section 33681.12, it is necessary to issue bonds or incur
other indebtedness.
(iv) The proceeds of the bonds issued or indebtedness incurred are
used solely for the purpose of making the payments required by
Section 33681.12 and related costs.
The suspension of the time limit on the establishment of loans,
advances, and indebtedness pursuant to this subparagraph shall not
require the agency to make the payment to affected taxing entities
required by Section 33607.7.
(4) (A) A time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received
pursuant to Section 33670 to finance in whole or in part the
redevelopment project shall not prevent an agency from incurring debt
to be paid from the agency's Low and Moderate Income Housing Fund or
establishing more debt in order to fulfill the agency's affordable
housing obligations, as defined in paragraph (1) of subdivision (a)
of Section 33333.8.
(B) A redevelopment plan may be amended by a legislative body to
provide that there shall be no time limit on the establishment of
loans, advances, and indebtedness paid from the agency's Low and
Moderate Income Housing Fund or establishing more debt in order to
fulfill the agency's affordable housing obligations, as defined in
paragraph (1) of subdivision (a) of Section 33333.8. In adopting an
ordinance pursuant to this subparagraph, neither the legislative body
nor the agency is required to comply with Section 33345.6, Article
12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans, and the agency
shall not make the payment to affected taxing entities required by
Section 33607.7.
(f) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit the allocation of taxes
to an agency to the extent required to comply with Section 33333.8.
In the event of a conflict between these limitations and the
obligations under Section 33333.8, the limitations established in the
ordinance shall be suspended pursuant to Section 33333.8.
(g) (1)This section does not effect the validity of any bond,
indebtedness, or other obligation, including any mitigation agreement
entered into pursuant to Section 33401, authorized by the
legislative body, or the agency pursuant to this part, prior to
January 1, 1994.
(2) This section does not affect the right of an agency to receive
property taxes, pursuant to Section 33670, to pay the bond,
indebtedness, or other obligation.
(3) This section does not affect the right of an agency to receive
property taxes pursuant to Section 33670 to pay refunding bonds
issued to refinance, refund, or restructure indebtedness authorized
prior to January 1, 1994, if the last maturity date of these
refunding bonds is not later than the last maturity date of the
refunded indebtedness and the sum of the total net interest cost to
maturity on the refunding bonds plus the principal amount of the
refunding bonds is less than the sum of the total net interest cost
to maturity on the refunded indebtedness plus the principal amount of
the refunded indebtedness.
(h) A redevelopment agency shall not pay indebtedness or receive
property taxes pursuant to Section 33670, with respect to a
redevelopment plan adopted prior to January 1, 1994, after the date
identified in subdivision (b) or the date identified in the
redevelopment plan, whichever is earlier, except as provided in
paragraph (2) of subdivision (e), in subdivision (g), or in Section
33333.8.
(i) The Legislature finds and declares that the amendments made to
this section by Chapter 942 of the Statutes of 1993 are intended to
add limitations to the law on and after January 1, 1994, and are not
intended to change or express legislative intent with respect to the
law prior to that date. It is not the intent of the Legislature to
affect the merits of any litigation regarding the ability of a
redevelopment agency to sell bonds for a term that exceeds the limit
of a redevelopment plan pursuant to law that existed prior to January
1, 1994.
(j) If a redevelopment plan is amended to add territory, the
amendment shall contain the time limits required by Section 33333.2.
33333.7. (a) Notwithstanding the time limits in paragraph (1) of
subdivision (a) of Section 33333.6, as that paragraph (1) read on
December 31, 2001, the Redevelopment Agency of the City and County of
San Francisco may, subject to the approval of the Board of
Supervisors of the City and County of San Francisco, retain its
ability to incur indebtedness exclusively for Low and Moderate Income
Housing Fund activities eligible under Sections 33334.2 and 33334.3
until January 1, 2014, or until the agency replaces all of the
housing units demolished prior to the enactment of the replacement
housing obligations in Chapter 970 of the Statutes of 1975, whichever
occurs earlier. The ability of the agency to receive tax increment
revenues to repay indebtedness incurred for these Low and Moderate
Income Housing Fund activities may be extended until no later than
January 1, 2044. Nothing in this paragraph shall be construed to
extend a plan's effectiveness, except to incur additional
indebtedness for Low and Moderate Income Housing Fund activities, to
pay previously incurred indebtedness, and to enforce existing
covenants, contracts, or other obligations.
(b) Annual revenues shall not exceed the amount necessary to fund
the Low and Moderate Income Housing Fund activities of the agency.
The agency shall neither collect nor spend more than 10 percent for
the planning and administrative costs authorized pursuant to
subdivision (e) of Section 33334.3. Revenues received under this
paragraph shall not exceed the amount of tax increment received and
allocated to the agency pursuant to the plan, as it has been amended,
less the amount necessary to pay prior outstanding indebtedness, and
less the amount of the project area's property tax revenue that
school entities are entitled to receive pursuant to Chapter 3
(commencing with Section 75) and Chapter 6 (commencing with Section
95) of Part 0.5 of Division 1 of the Revenue and Taxation Code if the
plan had not been amended. Additionally, revenues collected under
this paragraph are subject to the payments to affected taxing
entities pursuant to Section 33607.
(c) The activities conducted with revenues received under this
paragraph shall be consistent with the policies and objectives of the
community's housing element, as reviewed and approved by the
department, and shall address the unmet housing needs of very low,
low- and moderate-income households. The activities shall also be
consistent with the community's most recently approved consolidated
and annual action plans submitted to the United States Department of
Housing and Urban Development, and if the director deems it
necessary, the annual action plans shall be submitted to the
department on an annual basis. No less than 50 percent of the
revenues received shall be devoted to assisting in the development of
housing that is affordable to very low income households.
(d) The agency shall not incur any indebtedness pursuant to this
paragraph until the director certifies, after consulting with the
agency, the net difference between the number of housing units
affordable to persons and families of low and moderate income that
the agency destroyed or removed prior to January 1, 1976, and the
number of housing units affordable to persons and families of low and
moderate income that the agency rehabilitated, developed, or
constructed, or caused to be rehabilitated, developed, or constructed
within the project areas adopted prior to January 1, 1976.
(e) The agency shall not incur any indebtedness pursuant to this
paragraph unless the director of the department certifies annually,
prior to the creation of indebtedness, all of the following:
(1) The community has a current housing element that substantially
complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code.
(2) The community's housing element indicates an unmet need for
Low and Moderate Income Housing Fund activities.
(3) The agency's most recent independent financial audit report
prepared pursuant to Section 33080.1 reports acceptable findings and
no major violations of this part.
(4) The agency has complied with subdivision (a) of Section
33334.2.
(5) The agency has met the requirements of this part with respect
to the provision of dwelling units for persons and families of low or
moderate income, including, but not limited to, the requirements of
Section 33413.
33333.8. (a) Every redevelopment agency shall comply with and
fulfill its obligations with regard to the provision of affordable
housing as required by this part prior to the time limit on the
effectiveness of the redevelopment plan established pursuant to
Sections 33333.2, 33333.6, and 33333.10, and before the agency
exceeds a limit on the number of dollars of taxes that may be divided
and allocated to the redevelopment agency if required by Section
33333.4 or the limit on the number of dollars of taxes in a
redevelopment plan. A legislative body may not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with its affordable housing obligations. Notwithstanding any
other provision of law, this section shall apply to each
redevelopment agency and each redevelopment project area established
or merged pursuant to this part and Part 1.5 (commencing with Section
34000), including project areas authorized pursuant to this chapter
and each individual project area that is authorized pursuant to any
other provision of law.
(1) The affordable housing obligations specified in subdivision
(a) shall include all of the following:
(A) The obligation to make deposits to and expenditures from the
Low and Moderate Income Housing Fund pursuant to Sections 33334.2,
33334.3, 33334.4, 33334.6, 33487, 33492.16, and other similar and
related statutes.
(B) The obligation to eliminate project deficits pursuant to
Sections 33334.6, 33487, 33492.16, and other similar and related
statutes.
(C) The obligation to expend or transfer excess surplus funds
pursuant to Section 33334.12 and other similar and related statutes.
(D) The obligation to provide relocation assistance pursuant to
Article 9 (commencing with Section 33410), Section 7260 of the
Government Code, or other applicable relocation laws.
(E) The obligation to provide replacement housing pursuant to
subdivision (a) of Section 33413, Article 9 (commencing with Section
33410), and other similar and related statutes.
(F) The obligation to provide inclusionary housing pursuant to
Section 33413 and other similar and related statutes and ordinances.
(2) A redevelopment agency shall not adopt an ordinance
terminating a redevelopment project area if the agency has not
complied with these obligations.
(b) If, on the date of the time limit on the effectiveness of the
redevelopment plan, a redevelopment agency has not complied with
subdivision (a), the time limit on the effectiveness of the
redevelopment plan, and, if necessary, the time limit for repayment
of indebtedness, shall be suspended until the agency has complied
with subdivision (a). In addition, the agency shall receive and use
all tax increment funds that are not pledged to repay indebtedness
until the agency has fully complied with its obligations.
(c) If, on the date of the time limit on the repayment of
indebtedness, the agency has not complied with subdivision (a), the
time limit on the repayment of indebtedness shall be suspended until
the agency has complied with subdivision (a). In addition, the agency
shall receive and use tax increment funds until the agency has fully
complied with its obligations.
(d) If, on the date of the time limit on the repayment of
indebtedness, the agency has complied with its obligations under
subdivision (a) and has moneys remaining in the Low and Moderate
Income Housing Fund, the agency shall transfer the remaining moneys
to a low and moderate income housing fund or account for a different
project area within the agency's jurisdiction, if one exists, or if a
different project area does not exist, the agency shall either
transfer the remaining moneys to a special fund of the community or
to the community or county housing authority. The community,
community housing authority, or county housing authority to which the
remaining moneys are transferred shall utilize the moneys for the
purposes of, and subject to the same restrictions that are applicable
to, the redevelopment agency under this part.
(e) If a redevelopment plan provides a limit on the total amount
of tax increment funds that may be received by a redevelopment agency
for any project area, and if that limit is reached prior to the
agency complying with its obligations pursuant to subdivision (a),
that limit is suspended until the agency has complied with
subdivision (a) and the agency shall receive and use tax increment
funds until the agency has fully complied with its obligations.
(f) If an agency fails to comply with its obligations pursuant to
this section, any person may seek judicial relief. The court shall
require the agency to take all steps necessary to comply with those
obligations, including, as necessary, the adoption of ordinances, to
incur debt, to obtain tax increments, to expend tax increments, and
to enter into contracts as necessary to meet its housing obligations
under this part.
33333.10. (a) (1) Notwithstanding the time limits in subdivisions
(a) and (b) of Section 33333.6, an agency that adopted a
redevelopment plan on or before December 31, 1993, may, pursuant to
this section, amend that plan to extend the time limit on
effectiveness of the plan for up to 10 additional years beyond the
limit allowed by subdivision (a) of Section 33333.6.
(2) In addition, the agency may, pursuant to this section, amend
that plan to extend the time limit on the payment of indebtedness and
receipt of property taxes to be not more than 10 years from the
termination of the effectiveness of the redevelopment plan as that
time limit has been amended pursuant to paragraph (1).
(b) A redevelopment plan may be amended pursuant to subdivision
(a) only after the agency finds, based on substantial evidence, that
both of the following conditions exist:
(1) Significant blight remains within the project area.
(2) This blight cannot be eliminated without extending the
effectiveness of the plan and the receipt of property taxes.
(c) As used in this section:
(1) "Blight" has the same meaning as that term is given in Section
33030.
(2) "Significant" means important and of a magnitude to warrant
agency assistance.
(3) "Necessary and essential parcels" means parcels that are not
blighted but are so necessary and essential to the elimination of the
blight that these parcels should be included within the portion of
the project area in which tax increment funds may be spent.
"Necessary and essential parcels" are (A) parcels that are adjacent
to one or more blighted parcels that are to be assembled in order to
create a parcel of adequate size given present standards and market
conditions, and (B) parcels that are adjacent or near parcels that
are blighted on which it is necessary to construct a public
improvement to eliminate the blight.
(d) For purposes of this section, significant blight can exist in
a project area even though blight is not prevalent in a project area.
The report submitted to the legislative body pursuant to Section
33352 shall identify on a map the portion of the project area in
which significant blight remains.
(e) After the limit on the payment of indebtedness and receipt of
property taxes that would have taken effect but for the amendment
pursuant to this section, except for funds deposited in the Low and
Moderate Income Housing Fund pursuant to Section 33334.2 or 33334.6,
the agency shall spend tax increment funds only within the portion of
the project area that has been identified in the report adopted
pursuant to Section 33352 as the area containing blighted parcels and
necessary and essential parcels. Except as otherwise limited by
subdivisions (f) and (g), agencies may continue to spend funds
deposited in the Low and Moderate Income Housing Fund in accordance
with this division.
(f) (1) Except as otherwise provided in this subdivision, after
the limit on the payment of indebtedness and receipt of property
taxes that would have taken effect, but for the amendment pursuant to
this section, agencies shall only spend moneys from the Low and
Moderate Income Housing Fund for the purpose of increasing,
improving, and preserving the community's supply of housing at
affordable housing cost to persons and families of low, very low, or
extremely low income, as defined in Sections 50079.5, 50093, 50105,
and 50106. During this period, an agency that has adopted an
amendment pursuant to subdivision (a) may use moneys from the Low and
Moderate Income Housing Fund for the purpose of increasing,
improving, and preserving housing at affordable housing cost to
persons and families of moderate income as defined in Section 50093.
However, this amount shall not exceed, in a five-year period, the
amount of moneys from the Low and Moderate Income Housing Fund that
are used to increase, improve, and preserve housing at affordable
housing cost to persons and families of extremely low income, as
defined in Section 50106. In no case shall the amount expended for
housing for persons and families of moderate income exceed 15 percent
of the annual amount deposited in the Low and Moderate Income
Housing Fund during a five-year period and the number of housing
units affordable to moderate-income persons shall not exceed the
number of housing units affordable to extremely low income persons.
(2) Commencing with the first fiscal year that commences after the
date of the adoption of an amendment pursuant to subdivision (a) and
until the limit on the payment of indebtedness and receipt of
property taxes that would have taken effect but for the amendment
pursuant to this section, an agency that has adopted an amendment
pursuant to subdivision (a) may use moneys from the Low and Moderate
Income Housing Fund for the purpose of increasing, improving, and
preserving housing at affordable housing cost to persons and families
of moderate income as defined in Section 50093. However, this amount
shall not exceed, in a five-year period, 15 percent of the amount of
moneys deposited in the Low and Moderate Income Housing Fund during
that five-year period and shall only be used to assist housing
projects in which no less than 49 percent of the units are affordable
to and occupied by persons and families of low, very low, or
extremely low income. An agency may spend an additional amount of
moneys in the same or other housing projects to assist housing units
affordable to and occupied by moderate-income persons. However, this
amount shall not exceed the lesser of: the amount of moneys spent to
increase, improve, and preserve housing at affordable housing cost to
persons and families of extremely low income as defined in Section
50106, or 5 percent of the moneys deposited in the Low and Moderate
Income Housing Fund during that five-year period.
(g) (1) Except as provided in paragraph (2) or (3), commencing
with the first fiscal year that commences after the date of adoption
of an amendment pursuant to subdivision (a), not less than 30 percent
of all taxes that are allocated to the agency pursuant to Section
33670 from the redevelopment project area so amended shall be
deposited into that project's Low and Moderate Income Housing Fund
for the purposes specified in subdivision (f).
(2) In any fiscal year, the agency may deposit less than the
amount required by paragraph (1), but not less than the amount
required by Section 33334.2 or 33334.6, into the Low and Moderate
Income Housing Fund if the agency finds that the difference between
the amount deposited and the amount required by paragraph (1) is
necessary to make principal and interest payments during that fiscal
year on bonds sold by the agency to finance or refinance the
redevelopment project prior to six months before the date of adoption
of the amendment pursuant to subdivision (a). Bonds sold by the
agency prior to six months before the date of the adoption of the
amendment pursuant to subdivision (a) may only be refinanced,
refunded, or restructured after the date of the amendment pursuant to
subdivision (a). However, for purposes of this section, bonds
refinanced, refunded, or restructured after the date of the amendment
pursuant to subdivision (a) may only be treated as if sold on the
date the original bonds were sold if (A) the net proceeds were used
to refinance the original bonds, (B) there is no increase in the
amount of principal at the time of refinancing, restructuring, or
refunding, and (C) the time during which the refinanced indebtedness
is to be repaid does not exceed the date on which the existing
indebtedness would have been repaid.
(3) No later than 120 days prior to depositing less than the
amount required by paragraph (1) into the Low and Moderate Income
Housing Fund, the agency shall adopt, by resolution after a noticed
public hearing, a finding that the difference between the amount
allocated and the amount required by paragraph (1) is necessary to
make payments on bonds sold by the agency to finance or refinance the
redevelopment project and identified in the preliminary report
adopted pursuant to paragraph (9) of subdivision (e) of Section
33333.11, and specifying the amount of principal remaining on the
bonds, the amount of annual payments, and the date on which the
indebtedness will be repaid. Notice of the time and place of the
public hearing shall be published in a newspaper of general
circulation once a week for at least two successive weeks prior to
the public hearing. The agency shall make available to the public the
proposed resolution no later than the time of the publication of the
first notice of the public hearing. A copy of the resolution shall
be transmitted to the Department of Housing and Community Development
within 10 days after adoption.
(4) Notwithstanding paragraph (1), an agency that sells bonds on
or after the date of adoption of an amendment pursuant to subdivision
(a), the repayment of which is to be made from taxes allocated to
the agency pursuant to Section 33670 from the project so amended, may
elect to subordinate up to 16 2/3 percent of its annual 30-percent
Low and Moderate Income Housing Fund deposit obligation to the
payment of debt service on the bonds. If the agency makes that
election and in any year the agency has insufficient tax-increment
revenue available to pay debt service on the bonds to which the funds
from the Low and Moderate Income Housing Fund are subordinated, the
agency may deposit less than the full 100 percent of its annual
30-percent Low and Moderate Income Housing Fund obligation but only
to the extent necessary to pay that debt service and in no event
shall less than 83 1/3 percent of that obligation be deposited into
the Low and Moderate Income Housing Fund for that year. The
difference between the amount that is actually deposited in the Low
and Moderate Income Housing Fund and the full 100 percent of the
agency's 30-percent Low and Moderate Income Housing Fund deposit
obligation shall constitute a deficit in the Low and Moderate Income
Housing Fund subject to repayment pursuant to paragraph (5).
(5) If, pursuant to paragraph (2) or (4), the agency deposits less
than 30 percent of the taxes allocated to the agency pursuant to
Section 33670 in any fiscal year in the Low and Moderate Income
Housing Fund, the amount equal to the difference between 30 percent
of the taxes allocated to the agency pursuant to Section 33670 for
each affected redevelopment project area and the amount actually
deposited in the Low and Moderate Income Housing Fund for that fiscal
year shall be established as a deficit in the Low and Moderate
Income Housing Fund. Any new tax increment funds not encumbered
pursuant to paragraph (2) or (4) shall be utilized to reduce or
eliminate the deficit prior to entering into any new contracts,
commitments, or indebtedness. The obligations imposed by this section
are hereby declared to be an indebtedness of the redevelopment
project to which they relate, payable from taxes allocated to the
agency pursuant to Section 33670 and, notwithstanding any other
provision of law, shall constitute an indebtedness of the agency with
respect to the redevelopment project, and the agency shall continue
to receive allocations of taxes pursuant to Section 33670 until the
deficit is paid in full.
(h) An agency may not amend its redevelopment plan pursuant to
this section unless the agency first adopts a resolution that finds,
based on substantial evidence, all of the following:
(1) The community has adopted a housing element that the
department has determined pursuant to Section 65585 of the Government
Code to be in substantial compliance with the requirements of
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division
1 of Title 7 of the Government Code, or if applicable, an eligible
city or county within the jurisdiction of the San Diego Association
of Governments has adopted a self-certification of compliance with
its adopted housing element pursuant to Section 65585.1 of the
Government Code.
(2) During the three fiscal years prior to the year in which the
amendment is adopted, the agency has not been included in the report
sent by the Controller to the Attorney General pursuant to
subdivision (b) of Section 33080.8 as an agency that has a "major
violation" pursuant to Section 33080.8.
(3) After a written request by the agency and provision of the
information requested by the department, the department has issued a
letter to the agency, confirming that the agency has not accumulated
an excess surplus in its Low and Moderate Income Housing Fund. As
used in this section, "excess surplus" has the same meaning as that
term is defined in Section 33334.12. The department shall develop a
methodology to collect information required by this section.
Information requested by the department shall include a certification
by the agency's independent auditor on the status of excess surplus
and submittal of data for the department to verify the status of
excess surplus. The independent auditor shall make the required
certification based on the Controller's office guidelines which shall
include the methodology prescribed by the department pursuant to
subparagraph (D) of paragraph (3) of subdivision (g) of Section
33334.12. If the department does not respond to the written request
of the agency for this determination within 90 days after receipt of
the written request, compliance with this requirement shall be deemed
confirmed.
(i) Each redevelopment plan that has been adopted prior to January
1, 1976, that is amended pursuant to subdivision (a) shall also be
amended at the same time to make subdivision (b) of Section 33413
applicable to the redevelopment plan in accordance with paragraph (1)
of subdivision (d) of Section 33413.
(j) The amendment to the redevelopment plan authorized pursuant to
this section shall be made by ordinance pursuant to Article 12
(commencing with Section 33450). The ordinance shall be subject to
referendum as prescribed by law for ordinances of the legislative
body.
(k) This section shall not apply to a project area that retains
its eligibility to incur indebtedness and receive tax increment
revenues pursuant to Section 33333.7.
( l) The limitations established in the ordinance adopted pursuant
to this section shall not be applied to limit allocation of taxes to
an agency to the extent required to comply with Section 33333.8. In
the event of a conflict between these limitations and the obligations
under Section 33333.8, the limitation established in the ordinance
shall be suspended pursuant to Section 33333.8.
33333.11. (a) In order to adopt an amendment pursuant to Section
33333.10, the redevelopment agency shall also comply with the
procedures in this section.
(b) Before adopting an amendment of the plan, the agency shall
hold a public hearing on the proposed amendment. The notice of the
public hearing shall comply with Section 33452.
(c) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with each
affected taxing agency with respect to the proposed amendment. At a
minimum, the agency shall give each affected taxing agency the
opportunity to meet with representatives of the agency for the
purpose of discussing the effect of the proposed amendment upon the
affected taxing agency and shall notify each affected taxing agency
that any written comments from the affected taxing agency will be
included in the report to the legislative body.
(d) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with and obtain
the advice of members of a project area committee, if a project area
committee exists, and residents and community organizations and
provide to those persons and organizations, including the project
area committee, if any, the amendment prior to the agency's
submitting the amendment to the legislative body. In addition, the
preliminary report prepared pursuant to subdivision (e) shall be made
available at no cost to the project area committee, if one exists,
and residents and community organizations not later than 120 days
prior to holding a public hearing on the proposed amendment.
(e) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send to each affected taxing
entity, as defined in Section 33353.2, the Department of Finance,
and the Department of Housing and Community Development, a
preliminary report that contains all of the following:
(1) A map of the project area that identifies the portion, if any,
of the project area that is no longer blighted and the portion of
the project area that is blighted and the portion of the project area
that contains necessary and essential parcels for the elimination of
the remaining blight.
(2) A description of the remaining blight.
(3) A description of the projects or programs proposed to
eliminate the remaining blight.
(4) A description of how the project or programs will improve the
conditions of blight.
(5) The reasons why the projects or programs cannot be completed
without extending the time limits on the effectiveness of the plan
and receipt of tax increment revenues.
(6) The proposed method of financing these programs or projects.
This description shall include the amount of tax increment revenues
that is projected to be generated during the period of the extension,
including amounts projected to be deposited into the Low and
Moderate Income Housing Fund and amounts to be paid to affected
taxing entities. This description shall also include sources and
amounts of moneys other than tax increment revenues that are
available to finance these projects or programs. This description
shall also include the reasons that the remaining blight cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without the use of the
tax increment revenues available to the agency because of the
proposed amendment.
(7) An amendment to the agency's implementation plan that
includes, but is not limited to, the agency's housing
responsibilities pursuant to Section 33490. However, the agency shall
not be required to hold a separate public hearing on the
implementation plan pursuant to subdivision (d) of Section 33490 in
addition to the public hearing on the amendment to the redevelopment
plan.
(8) A new neighborhood impact report if required by subdivision
(m) of Section 33352.
(9) A description of each bond sold by the agency to finance or
refinance the redevelopment project prior to six months before the
date of adoption of the proposed amendment, and listing for each bond
the amount of remaining principal, the annual payments, and the date
that the bond will be paid in full.
(f) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send the proposed amendment
to the planning commission. If the planning commission does not
report upon the amendment within 30 days after its submission by the
agency, the planning commission shall be deemed to have waived its
report and recommendations concerning the amendment.
(g) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing of the
agency and the legislative body, the agency shall notify each
affected taxing entity, the Department of Finance, the Department of
Housing and Community Development, and each individual and
organization that submitted comments on the preliminary report by
certified mail of the public hearing, the date of the public hearing,
and the proposed amendment. This notice shall be accompanied by the
report required to be prepared pursuant to subdivision (h).
(h) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing by the
agency and the legislative body, the agency shall adopt a report to
the legislative body containing all of the following:
(1) All of the information required to be contained in the
preliminary report prepared pursuant to subdivision (e).
(2) The report and recommendation of the planning commission.
(3) A negative declaration, environmental impact report, or other
document that is required in order to comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code.
(4) A summary of the consultations with the affected taxing
entities. If any of the affected taxing entities has expressed
written objections or concerns with the proposed amendment as part of
these consultations, the agency shall include a detailed response to
each of these concerns.
(5) A summary of the consultation with residents and community
organizations, including the project area committee, if any. If any
resident or community organization, including the project area
committee, if any, has expressed written objections or concerns with
the proposed amendment as part of these consultations, the agency
shall include a detailed response to each of these concerns.
(i) After receiving the recommendation of the agency on the
proposed amendment, and not sooner than 30 days after the submission
of changes to the planning commission, the legislative body shall
hold a public hearing on the proposed amendment. At the public
hearing, the legislative body shall consider any objections or
concerns with the proposed amendment expressed by the affected taxing
entities, a project area committee, if any, residents, and community
organizations. The notice of the public hearing shall comply with
Section 33452.
(j) As an alternative to the separate public hearing required by
subdivision (i), the agency and the legislative body, with the
consent of both, may hold a joint public hearing on the proposed
amendment. At the public hearing, the agency and legislative body
shall consider any objections or concerns with the proposed amendment
expressed by the affected taxing entities, a project area committee,
if any, residents, and community organizations. Notice of this
public hearing shall comply with Section 33452. When a joint public
hearing is held and the legislative body is also the agency, the
legislative body may adopt the amended plan with no actions required
of the agency. If, after the public hearing, the legislative body
determines that the amendment to the plan is necessary or desirable,
the legislative body shall adopt an ordinance amending the ordinance
adopting the plan thus amended. The ordinance adopting the amendment
shall contain findings that both (1) significant blight remains
within the project area, and (2) the blight cannot be eliminated
without the extension of the effectiveness of the plan and receipt of
tax increm
