Section 33492.18 Of Article 1. General Provisions From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4.5. >> Article 1.
33492.18
. (a) Notwithstanding subdivision (k) of Section 33352, the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) shall not apply to the
adoption of a redevelopment plan prepared pursuant to this article if
the redevelopment agency determines at a public hearing, noticed in
accordance with this section, that the need to adopt a redevelopment
plan at the soonest possible time in order to use the authority in
this article requires the redevelopment agency to delay application
of the provisions of the California Environmental Quality Act to the
redevelopment plan in accordance with this section.
(b) If the redevelopment agency finds, pursuant to subdivision
(a), that the application of the California Environmental Quality Act
to the redevelopment plan is required to be delayed, the
redevelopment agency or the community shall certify an environmental
impact report for the redevelopment plan within 18 months after the
effective date of the ordinance adopting the redevelopment plan. If,
as a result of the preparation of the environmental document prepared
pursuant to this subdivision, it is necessary to amend the
redevelopment plan to mitigate any impacts, the agency shall amend
the redevelopment plan according to the procedures of this part. If
the environmental document is determined to be inadequate by a court
of competent jurisdiction, the redevelopment agency shall not
undertake additional projects that implement the redevelopment plan
until an adequate environmental document has been certified. However,
this determination shall not affect the validity of the
redevelopment plan.
(c) Until the redevelopment agency or the community certifies an
environmental impact report for the redevelopment plan, all projects,
as defined in the California Environmental Quality Act, that
implement the redevelopment plan shall be subject to the California
Environmental Quality Act, including, but not limited to, specific
plans and rezonings. The environmental document for any implementing
project shall include an analysis and mitigation of potential
cumulative impacts, if any, that otherwise would not be known until
an environmental document for the redevelopment plan is certified or
approved and shall also include a reporting or monitoring program
required pursuant to Section 21081 of the Public Resources Code.
(d) The notice for the public hearing required by subdivision (a)
shall comply with, and may be combined with, the notices in Section
33349 or 33361. The notice shall state that the agency intends to
consider and act upon a determination that the need to adopt a
redevelopment plan at the soonest possible time in order to use the
authority in this article requires the redevelopment agency to delay
application of the provisions of the California Environmental Quality
Act to the redevelopment plan in accordance with this section.