Section 33333.4 Of Article 4. Preparation And Adoption Of Redevelopment Plans By The Agency From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 4.
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.