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.