Article 5. Procedure For Adoption Of Redevelopment Plans By The Legislative Body of California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 5.
The legislative body at a public hearing shall consider the
redevelopment plan submitted by the agency. The legislative body may
adjourn the hearing from time to time.
(a) No later than 45 days prior to the public hearing on a
proposed plan adoption by an agency or the joint public hearing of
the agency and the legislative body, the agency shall deliver a copy
of the preliminary report and notice of the date of the public
hearing to the Department of Finance and the Department of Housing
and Community Development by first-class mail.
(b) Upon receiving the report, the Department of Finance shall
prepare an estimate of how the proposed plan adoption will affect the
General Fund. The Department of Finance shall determine whether the
adoption will affect the need for school facilities.
(c) Within 21 days of the receipt of the report, the Department of
Finance or the Department of Housing and Community Development may
send any comments regarding the proposed plan adoption in writing to
the agency and the legislative body. The agency and the legislative
body shall consider these comments, if any, at the public hearing on
the proposed plan adoption. If these comments are not available
within the prescribed time limit, the agency and the legislative body
may proceed without them.
(d) The Department of Finance or the Department of Housing and
Community Development may also send their comments regarding the
proposed plan adoption to the Attorney General for further action
pursuant to Chapter 5 (commencing with Section 33501).
Notice of the public hearing shall be given by publication
not less than once a week for four successive weeks in a newspaper of
general circulation published in the county in which the land lies.
The notice shall:
(a) Describe specifically the boundaries of the proposed
redevelopment project area; and
(b) State the day, hour and place when and where any and all
persons having any objections to the proposed redevelopment plan or
who deny the existence of blight in the proposed project area, or the
regularity of any of the prior proceedings, may appear before the
legislative body and show cause why the proposed plan should not be
At any time not later than the hour set for hearing
objections to the proposed redevelopment plan, any person may file in
writing with the clerk of the legislative body a statement of his
objections to the proposed plan.
At the hour set in the notice required by Section 33361 for
hearing objections, the legislative body shall proceed to hear all
written and oral objections. Before adopting the redevelopment plan
the legislative body shall evaluate the report of the agency, the
report and recommendation of the project area committee, and all
evidence and testimony for and against the adoption of the plan and
shall make written findings in response to each written objection of
an affected property owner or taxing entity. The legislative body
shall respond in writing to the written objections received before or
at the noticed hearing, including any extensions thereof, and may
additionally respond to written objections that are received after
the hearing. The written responses shall describe the disposition of
the issues raised. The legislative body shall address the written
objections in detail, giving reasons for not accepting specified
objections and suggestions. The legislative body shall include a
good-faith, reasoned analysis in its response and, for this purpose,
conclusionary statements unsupported by factual information shall not
After the redevelopment plan and accompanying documents
have been submitted by the agency to the legislative body and at any
time prior to the adoption of the plan, the legislative body upon the
recommendation of the agency, without additional agency public
hearings, may change such plan, or change the boundaries of the
project area to exclude land from the project area, after receipt of
a report and recommendation from the planning commission concerning
such changes. The planning commission may recommend for or against
the changes. Within 30 days after a change is submitted to it for
consideration the planning commission shall make and file its report
and recommendation with the legislative body. If the planning
commission does not report upon the change within 30 days after its
submission by the legislative body, the planning commission shall be
deemed to have waived its report and recommendation concerning the
change and the legislative body may proceed to act upon the plan
without the report and recommendation of the planning commission. The
legislative body shall consider any proposed changes at a public
hearing reopened for that limited purpose.
If no objections in writing have been delivered to the clerk
of the legislative body prior to the hour set for the hearing
thereon, and if no written objections are presented during the
hearing thereon, the legislative body may proceed to adopt the plan
at the time set for hearing thereon. If any written objections are
delivered or presented, as specified in this article, the legislative
body may adopt the plan only after consideration of the objections,
and adoption of written findings in response thereto, pursuant to
Section 33363 at a subsequent date not less than one week after the
time the hearing on objections is commenced pursuant to Section
The legislative body by ordinance may adopt the
redevelopment plan as the official redevelopment plan for the project
Except as otherwise provided in Section 33378, the ordinance
adopting the redevelopment plan shall be subject to referendum as
prescribed by law for the ordinances of the legislative body.
If the planning commission or the project area committee has
recommended against the approval of the redevelopment plan, the
legislative body may adopt such plan by a two-thirds vote of its
entire membership eligible and qualified to vote on such plan. If the
planning commission or the project area committee has recommended
approval or failed to make any recommendation within the time
allowed, the legislative body may adopt the redevelopment plan by a
majority vote of the entire membership eligible and qualified to vote
on such plan.
The ordinance shall contain all of the following:
(a) The purposes and intent of the legislative body with respect
to the project area.
(b) The plan incorporated by reference.
(c) A designation of the approved plan as the official
redevelopment plan of the project area.
(d) The findings and determinations of the legislative body, which
shall be based on clearly articulated and documented evidence, that:
(1) The project area is a blighted area, the redevelopment of
which is necessary to effectuate the public purposes declared in this
(2) The redevelopment plan would redevelop the area in conformity
with this part and in the interests of the public peace, health,
safety, and welfare.
(3) The adoption and carrying out of the redevelopment plan is
economically sound and feasible.
(4) The redevelopment plan is consistent with the general plan of
the community, including, but not limited to, the community's housing
element, which substantially complies with the requirements of
Article 10.6 (commencing with Section 65580) of Chapter 3 of Division
1 of Title 7 of the Government Code.
(5) The carrying out of the redevelopment plan would promote the
public peace, health, safety, and welfare of the community and would
effectuate the purposes and policy of this part.
(6) The condemnation of real property, if provided for in the
redevelopment plan, is necessary to the execution of the
redevelopment plan and adequate provisions have been made for payment
for property to be acquired as provided by law.
(7) The agency has a feasible method or plan for the relocation of
families and persons displaced from the project area, if the
redevelopment plan may result in the temporary or permanent
displacement of any occupants of housing facilities in the project
(8) (A) There are, or shall be provided, in the project area or in
other areas not generally less desirable in regard to public
utilities and public and commercial facilities and at rents or prices
within the financial means of the families and persons displaced
from the project area, decent, safe, and sanitary dwellings equal in
number to the number of and available to the displaced families and
persons and reasonably accessible to their places of employment.
(B) Families and persons shall not be displaced prior to the
adoption of a relocation plan pursuant to Sections 33411 and 33411.1.
Dwelling units housing persons and families of low or moderate
income shall not be removed or destroyed prior to the adoption of a
replacement housing plan pursuant to Sections 33334.5, 33413, and
(9) All noncontiguous areas of a project area are either blighted
or necessary for effective redevelopment and are not included for the
purpose of obtaining the allocation of taxes from the area pursuant
to Section 33670 without other substantial justification for their
(10) Inclusion of any lands, buildings, or improvements which are
not detrimental to the public health, safety, or welfare is necessary
for the effective redevelopment of the area of which they are a
part; that any area included is necessary for effective redevelopment
and is not included for the purpose of obtaining the allocation of
tax increment revenues from the area pursuant to Section 33670
without other substantial justification for its inclusion.
(11) The elimination of blight and the redevelopment of the
project area could not be reasonably expected to be accomplished by
private enterprise acting alone without the aid and assistance of the
(12) The project area is predominantly urbanized, as defined by
subdivision (b) of Section 33320.1.
(13) The time limitation and, if applicable, the limitation on the
number of dollars to be allocated to the agency that are contained
in the plan are reasonably related to the proposed projects to be
implemented in the project area and to the ability of the agency to
eliminate blight within the project area.
(14) The implementation of the redevelopment plan will improve or
alleviate the physical and economic conditions of blight in the
project area, as described in the report prepared pursuant to Section
(e) A statement that the legislative body is satisfied that
permanent housing facilities will be available within three years
from the time occupants of the project area are displaced and that,
pending the development of the facilities, there will be available to
the displaced occupants adequate temporary housing facilities at
rents comparable to those in the community at the time of their
The decision of the legislative body shall be final and
conclusive, and it shall thereafter be conclusively presumed that the
project area is a blighted area as defined by Section 33031 and that
all prior proceedings have been duly and regularly taken.
This section shall not apply in any action questioning the
validity of any redevelopment plan, or the adoption or approval of a
redevelopment plan, or any of the findings or determinations of the
agency or the legislative body in connection with a redevelopment
plan brought pursuant to Section 33501 within the time limits
prescribed by Section 33500.
If the plan provides for the expenditure of any money by the
community, the legislative body shall provide for such expenditure
at the time of or in connection with the approval of the plan.
The legislative body at the time of, or in connection with,
the adoption of the plan, shall declare its intention to undertake
and complete any proceedings necessary to be carried out by the
community under the provisions of the plan.
Before entering into any or certain types of contracts in
connection with the redevelopment plan, the legislative body may
require the agency to submit such contracts to the legislative body
and obtain its approval.
Upon the filing of the ordinance adopting the redevelopment
plan with the clerk or other appropriate officer of the legislative
body, a copy of the ordinance shall be sent to the agency, and the
agency is vested with the responsibility for carrying out the plan.
(a) Not later than 60 days after the adoption of the
redevelopment plan by the legislative body there shall be recorded
with the county recorder of the county in which the project area is
situated a description of the land within the project area and a
statement that proceedings for the redevelopment of the project area
have been instituted under this part.
(b) If the redevelopment plan authorizes the agency to acquire
property by eminent domain, the statement required pursuant to
subdivision (a) shall contain the following:
(1) A prominent heading in boldface type noting that the property
that is the subject of the statement is located within a
(2) A general description of the provisions of the redevelopment
plan that authorize the use of the power of eminent domain by the
(3) A general description of any limitations on the use of the
power of eminent domain contained in the redevelopment plan,
including, without limitation, the time limit required by Section
(c) For a redevelopment plan adopted on or before December 31,
2006, that authorizes the acquisition of property by eminent domain,
the agency shall, on or before December 31, 2007, cause a revised
statement to be recorded with the county recorder of the county in
which the project area is located containing all of the information
required by subdivisions (a) and (b).
(d) An agency shall not commence an action in eminent domain until
the statement required by this section is recorded with the county
recorder of the county in which the project area is located.
(e) Additional recordation of documents may be effected pursuant
to Section 27295 of the Government Code.
After the adoption of a redevelopment plan for a project
area by the legislative body, all applicants for building permits in
the area for a period of two years thereafter shall be advised by the
building department of the community that the site for which a
building permit is sought for the construction of buildings or for
other improvements is within a redevelopment project area.
After the adoption by the legislative body of a
redevelopment plan that contains the provision permitted by Section
33670, the clerk of the community shall transmit a copy of the
description and statement recorded pursuant to Section 33373, a copy
of the ordinance adopting the plan, and a map or plat indicating the
boundaries of the project area to the auditor and assessor of the
county in which the project is located; to the officer or officers
performing the functions of auditor or assessor for any taxing
agencies which, in levying or collecting its taxes, do not use the
county assessment roll or do not collect its taxes through the
county; to the governing body of each of the taxing agencies which
levies taxes upon any property in the project area; and to the State
Board of Equalization.
Those documents shall be transmitted within 30 days following the
adoption of the redevelopment plan. The legal effect of those
transmittals shall be as set forth in Section 33674.
Any ordinance adopted pursuant to this article adopting a
redevelopment plan for the Crescent City disaster area, may be
adopted as an emergency ordinance and shall not be subject to