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HEALTH AND SAFETY CODE
SECTION 33430-33449

33430. An agency may, within the survey area or for purposes of
redevelopment, sell, lease, for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage,
deed of trust, or otherwise, or otherwise dispose of any real or
personal property or any interest in property.

33431. Any lease or sale made pursuant to Section 33430 may be made
without public bidding but only after a public hearing, notice of
which shall be given by publication for not less than once a week for
two weeks in a newspaper of general circulation published in the
county in which the land lies.

33432. Except as provided in Article 9 (commencing with Section
33410) of this part, an agency shall lease or sell all real property
acquired by it in any project area, except property conveyed by it to
the community or any other public body. Any such lease or sale
shall be conditioned on the redevelopment and use of the property in
conformity with the redevelopment plan.

33433. (a) (1) Except as provided in subdivision (c), before any
property of the agency acquired in whole or in part, directly or
indirectly, with tax increment moneys is sold or leased for
development pursuant to the redevelopment plan, the sale or lease
shall first be approved by the legislative body by resolution after
public hearing. Notice of the time and place of the hearing shall be
published in a newspaper of general circulation in the community at
least once per week for at least two successive weeks, as specified
in Section 6066 of the Government Code, prior to the hearing.
(2) The agency shall make available, for public inspection and
copying at a cost not to exceed the cost of duplication, a report no
later than the time of publication of the first notice of the hearing
mandated by this section. This report shall contain both of the
following:
(A) A copy of the proposed sale or lease.
(B) A summary which describes and specifies all of the following:

(i) The cost of the agreement to the agency, including land
acquisition costs, clearance costs, relocation costs, the costs of
any improvements to be provided by the agency, plus the expected
interest on any loans or bonds to finance the agreements.
(ii) The estimated value of the interest to be conveyed or leased,
determined at the highest and best uses permitted under the plan.
(iii) The estimated value of the interest to be conveyed or
leased, determined at the use and with the conditions, covenants, and
development costs required by the sale or lease. The purchase price
or present value of the lease payments which the lessor will be
required to make during the term of the lease. If the sale price or
total rental amount is less than the fair market value of the
interest to be conveyed or leased, determined at the highest and best
use consistent with the redevelopment plan, then the agency shall
provide as part of the summary an explanation of the reasons for the
difference.
(iv) An explanation of why the sale or lease of the property will
assist in the elimination of blight, with reference to all supporting
facts and materials relied upon in making this explanation.
(v) The report shall be made available to the public no later than
the time of publication of the first notice of the hearing mandated
by this section.
(b) The resolution approving the lease or sale shall be adopted by
a majority vote unless the legislative body has provided by
ordinance for a two-thirds vote for that purpose and shall contain a
finding that the sale or lease of the property will assist in the
elimination of blight or provide housing for low- or moderate-income
persons, and is consistent with the implementation plan adopted
pursuant to Section 33490. The resolution shall also contain one of
the following findings:
(1) The consideration is not less than the fair market value at
its highest and best use in accordance with the plan.
(2) The consideration is not less than the fair reuse value at the
use and with the covenants and conditions and development costs
authorized by the sale or lease.
(c) (1) Subdivisions (a) and (b) shall not apply to the sale or
lease of a small housing project, as defined in Section 33013, if the
legislative body adopts a resolution that authorizes the agency to
sell or lease a small housing project pursuant to this subdivision.
The agency may sell or lease a small housing project pursuant to this
subdivision if, prior to the sale or lease, the agency holds a
public hearing pursuant to Section 33431. Any agency that has sold
or leased a small housing project pursuant to this subdivision shall,
within 30 days after the end of the agency's fiscal year in which
the sale or lease occurred, file a report with the legislative body
which discloses the name of the buyer, the legal description or
street address of the property, the date of the sale or lease, the
consideration for which the property was sold or leased by the agency
to the buyer or lessee, and the date on which the agency held its
public hearing for the sale or lease, pursuant to Section 33431.
(2) As used in this subdivision and Section 33413, "persons and
families of low- and moderate-income" has the same meaning as that
term is defined in Section 50093.

33434. If any property acquired in whole or in part from the
redevelopment revolving fund is to be sold or leased by the agency,
the sale or lease shall be first approved by the legislative body by
resolution adopted after public hearing. Notice of the time and
place of the hearing shall be published once in the official
newspaper of the community at least one week prior to the hearing.
The resolution shall be adopted by a majority vote unless the
legislative body has provided by ordinance for a two-thirds vote for
such purpose.


33435. Agencies shall obligate lessees and purchasers of real
property acquired in redevelopment projects and owners of property
improved as a part of a redevelopment project to refrain from
restricting the rental, sale, or lease of the property on the basis
of race, color, religion, sex, marital status, ancestry, or national
origin of any person. All deeds, leases, or contracts for the sale,
lease, sublease, or other transfer of any land in a redevelopment
project shall contain or be subject to the nondiscrimination or
nonsegregation clauses hereafter prescribed.

33436. Express provisions shall be included in all deeds, leases
and contracts which the agency proposes to enter into with respect to
the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of any land in a redevelopment project in substantially the
following form:
(a) In deeds the following language shall appear--"The grantee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through them, that there shall be no discrimination against
or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or
ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of the premises herein conveyed, nor shall the
grantee or any person claiming under or through him or her, establish
or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees, or vendees in
the premises herein conveyed. The foregoing covenants shall run
with the land."
(b) In leases the following language shall appear--"The lessee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted
upon and subject to the following conditions:
That there shall be no discrimination against or segregation of
any person or group of persons, on account of race, color, creed,
religion, sex, marital status, national origin, or ancestry, in the
leasing, subleasing, transferring, use, occupancy, tenure, or
enjoyment of the premises herein leased nor shall the lessee himself,
or any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees
in the premises herein leased."
(c) In contracts entered into by the agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by the
agency within any survey area or redevelopment project the foregoing
provisions in substantially the forms set forth shall be included and
the contracts shall further provide that the foregoing provisions
shall be binding upon and shall obligate the contracting party or
parties and any subcontracting party or parties, or other transferees
under the instrument.


33437. An agency shall obligate lessees or purchasers of property
acquired in a redevelopment project to:
(a) Use the property for the purpose designated in the
redevelopment plans.
(b) Begin the redevelopment of the project area within a period of
time which the agency fixes as reasonable.
(c) Comply with the covenants, conditions, or restrictions that
the agency deems necessary to prevent speculation or excess
profittaking in undeveloped land, including right of reverter to the
agency. Covenants, conditions, and restrictions imposed by an agency
may provide for the reasonable protection of lenders.
(d) Comply with other conditions which the agency deems necessary
to carry out the purposes of this part.

33437.5. It is the intent of the Legislature that property acquired
from a redevelopment agency pursuant to a redevelopment plan not be
the subject of real estate speculation.

33438. The agency may provide in the contract that any of the
obligations of the purchaser are covenants or conditions running with
the land, the breach of which shall cause the fee to revert to the
agency.


33439. The agency shall retain controls and establish restrictions
or covenants running with land sold or leased for private use for
such periods of time and under such conditions as are provided in the
redevelopment plan. The establishment of such controls is a public
purpose under the provisions of this part.


33440. Except as provided in Article 9 (commencing with Section
33410), this part does not authorize an agency to construct any of
the buildings for residential, commercial, industrial, or other use
contemplated by the redevelopment plan, except that, in addition to
its powers under Section 33445, an agency may construct foundations,
platforms, and other like structural forms necessary for the
provision or utilization of air rights sites for buildings to be used
for residential, commercial industrial, or other uses contemplated
by the redevelopment plan.

33442. An agency may sell, lease, grant, or donate real property
owned or acquired by the agency in a survey area to a housing
authority or to any public agency for public housing projects.

33443. Property acquired by an agency for rehabilitation and resale
shall be offered for resale within one year after completion of
rehabilitation, or an annual report shall be published by the agency
in a newspaper of general circulation published in the community
listing any rehabilitated property held by the agency in excess of
such one-year period, stating the reasons such property remains
unsold and indicating plans for its disposition.

33444. In undertaking rehabilitation of structures pursuant to this
part, every redevelopment agency shall, on or before February 15th
of each year, commencing with February 15, 1963, render a report to
the Legislature setting forth in detail the activities of the agency
involving rehabilitation, including, but not limited to, each of the
following:
(a) Expenditure of public funds.
(b) Number and kinds of units rehabilitated.
(c) Disposition of rehabilitated units.

33444.5. An agency may establish a program under which it loans
funds to owners or tenants for the purpose of rehabilitating
commercial buildings or structures within the project area.

33444.6. (a) Within a project area and as part of an agreement that
provides for the development or rehabilitation of property that will
be used for industrial or manufacturing purposes, an agency may
assist with the financing of facilities or capital equipment,
including, but not necessarily limited to, pollution control devices.

(b) Prior to entering into an agreement for a development that
will be assisted pursuant to this section, the agency shall find,
after a public hearing, that the assistance is necessary for the
economic feasibility of the development and that the assistance
cannot be obtained on economically feasible terms in the private
market.

33445. (a) Notwithstanding Section 33440, an agency may, with the
consent of the legislative body, pay all or a part of the value of
the land for and the cost of the installation and construction of any
building, facility, structure, or other improvement which is
publicly owned either within or without the project area, if the
legislative body determines all of the following:
(1) That the buildings, facilities, structures, or other
improvements are of benefit to the project area or the immediate
neighborhood in which the project is located, regardless of whether
the improvement is within another project area, or in the case of a
project area in which substantially all of the land is publicly owned
that the improvement is of benefit to an adjacent project area of
the agency.
(2) That no other reasonable means of financing the buildings,
facilities, structures, or other improvements, are available to the
community.
(3) That the payment of funds for the acquisition of land or the
cost of buildings, facilities, structures, or other improvements will
assist in the elimination of one or more blighting conditions inside
the project area or provide housing for low- or moderate-income
persons, and is consistent with the implementation plan adopted
pursuant to Section 33490.
(b) The determinations by the agency and the local legislative
body pursuant to subdivision (a) shall be final and conclusive. For
redevelopment plans, and amendments to those plans which add
territory to a project, adopted after October 1, 1976, acquisition of
property and installation or construction of each facility shall be
provided for in the redevelopment plan. A redevelopment agency shall
not pay for the normal maintenance or operations of buildings,
facilities, structures, or other improvements which are publicly
owned. Normal maintenance or operations do not include the
construction, expansion, addition to, or reconstruction of,
buildings, facilities, structures, or other improvements which are
publicly owned otherwise undertaken pursuant to this section.
(c) When the value of the land or the cost of the installation and
construction of the building, facility, structure, or other
improvement, or both, has been, or will be, paid or provided for
initially by the community or other public corporation, the agency
may enter into a contract with the community or other public
corporation under which it agrees to reimburse the community or other
public corporation for all or part of the value of the land or all
or part of the cost of the building, facility, structure, or other
improvement, or both, by periodic payments over a period of years.
(d) The obligation of the agency under the contract shall
constitute an indebtedness of the agency for the purpose of carrying
out the redevelopment project for the project area, which
indebtedness may be made payable out of taxes levied in the project
area and allocated to the agency under subdivision (b) of Section
33670, or out of any other available funds.
(e) In a case where the land has been or will be acquired by, or
the cost of the installation and construction of the building,
facility, structure or other improvement has been paid by, a parking
authority, joint powers entity, or other public corporation to
provide a building, facility, structure, or other improvement which
has been or will be leased to the community, the contract may be made
with, and the reimbursement may be made payable to, the community.
(f) With respect to the financing, acquisition, or construction of
a transportation, collection, and distribution system and related
peripheral parking facilities, in a county with a population of
4,000,000 persons or more, the agency shall, in order to exercise the
powers granted by this section, enter into an agreement with the
rapid transit district which includes the county, or a portion
thereof, in which agreement the rapid transit district shall be given
all of the following responsibilities:
(1) To participate with the other parties to the agreement to
design, determine the location and extent of the necessary
rights-of-way for, and construct, the transportation, collection, and
distribution systems and related peripheral parking structures and
facilities.
(2) To operate and maintain the transportation, collection, and
distribution systems and related peripheral parking structures and
facilities in accordance with the rapid transit district's
outstanding agreements and the agreement required by this paragraph.

(g) (1) Notwithstanding any other authority granted in this
section, an agency shall not pay for, either directly or indirectly,
with tax increment funds the construction or rehabilitation of a
building that is, or that will be used as, a city hall or county
administration building.
(2) This subdivision shall not preclude an agency from making
payments to construct, rehabilitate, or replace a city hall if an
agency does any of the following:
(A) Allocates tax increment funds for this purpose during the
1988-89 fiscal year and each fiscal year thereafter in order to
comply with federal and state seismic safety and accessibility
standards.
(B) Uses tax increment funds for the purpose of rehabilitating or
replacing a city hall that was seriously damaged during an earthquake
that was declared by the President of the United States to be a
natural disaster.
(C) Uses the proceeds of bonds, notes, certificates of
participation, or other indebtedness that was issued prior to January
1, 1994, for the purpose of constructing or rehabilitating a city
hall, as evidenced by documents approved at the time of the issuance
of the indebtedness.


33445.3. Notwithstanding any other provision of law, the California
City Redevelopment Agency shall not directly support the activities
of, or pay for any part of the land or any building, facility,
structure, or other improvements that specifically benefit, the
California City Museum and Restoration Facility.

33445.5. (a) If the governing board of a school district finds that
conditions of overcrowding, as defined by subdivision (a) of Section
65973 of the Government Code, exist in one or more attendance areas
within the district that serve pupils who reside in housing, located
within or adjacent to a project area, and that the conditions of
overcrowding result from actions taken by the redevelopment agency in
implementing the redevelopment plan, the governing board may
transmit a written copy of those findings, together with supporting
information, materials, and documents, to the redevelopment agency.
The redevelopment agency shall conduct a public hearing within 45
days after receiving the findings to receive public testimony
identifying the effects of the redevelopment plan on the impacted
attendance area or areas and suggesting revisions to the plan as
adopted or amended by the legislative body that would alleviate or
eliminate the overcrowding in the attendance area or areas caused by
the implementation of the redevelopment plan. The redevelopment
agency shall send written notice of the public hearing to, and at the
hearing receive public testimony from, any affected taxing entity.
After receiving that testimony at the hearing, the agency shall
consider amendments of the plan necessary to alleviate or eliminate
that overcrowding and may recommend those amendments for adoption by
the legislative body.
(b) Section 33353 does not apply to an amendment of the plan
proposed pursuant to subdivision (a) when both of the following
occur:
(1) The amendment proposes only to add significant additional
capital improvement projects to alleviate or eliminate the
overcrowding in the attendance area or areas caused by the
implementation of the plan.
(2) The amendment will delete capital improvement projects that
are equivalent in financial impact on any affected taxing entity or
otherwise modify the plan in a way that the agency finds there will
be no additional financial impact or any affected taxing entity as a
result of the amendment.
(c) Any funds received by a school district from a redevelopment
agency to alleviate or eliminate the overcrowding in the attendance
area or areas caused by implementation of a redevelopment plan as the
result of a public hearing conducted pursuant to subdivision (a)
shall be used only for capital expenditures.
(d) The governing body of a school district shall not make the
findings permitted by subdivision (a) with respect to any project
area more than once.
(e) This section applies only to redevelopment plans adopted prior
to January 1, 1984.

33445.6. (a) If the governing board of a fire protection district
finds that it is suffering a financial burden or detriment as a
result of actions taken by the redevelopment agency in implementing
the redevelopment plan, the district board may transmit a written
copy of those findings, together with supporting information,
materials, and documents, to the redevelopment agency. The
redevelopment agency shall conduct a public hearing within 45 days
after receiving the findings to receive public testimony identifying
the effects of the redevelopment plan on the fire protection district
and suggesting revisions to the redevelopment plan as adopted or
amended by the legislative body that would alleviate or eliminate the
financial burden or detriment in the area or areas caused by the
implementation of the redevelopment plan. The redevelopment agency
shall send written notice of the public hearing to, and at the
hearing receive public testimony from, any affected taxing entity.
After receiving that testimony at the hearing, the agency shall
consider amendments of the plan necessary to alleviate or eliminate
the financial burden or detriment in the area or areas caused by the
implementation of the redevelopment plan. The agency may recommend
those amendments for adoption by the legislative body.
(b) Section 33353 does not apply to an amendment of the plan
proposed pursuant to subdivision (a) when both of the following
occur:
(1) The amendment proposes only to add significant additional
capital improvement projects to alleviate or eliminate the financial
burden or detriment caused by the implementation of the plan.
(2) The amendment will delete capital improvement projects or
otherwise modify the plan in a way that the agency finds will result
in no additional financial impact on any affected taxing entity.
(c) Any funds received by a fire protection district from a
redevelopment agency to alleviate or eliminate the financial burden
or detriment caused by implementation of a redevelopment plan as a
result of a public hearing conducted pursuant to subdivision (a) may
be used for any lawful purpose of the district.
(d) The district board of a fire protection district shall not
make the findings permitted by subdivision (a) with respect to any
project area more than once.
(e) The agency may recover its actual costs of complying with the
procedural requirements of this section from the fire protection
district.
(f) This section applies only to redevelopment plans adopted prior
to January 1, 1977.

33446. The governing board of any school district may enter into an
agreement with an agency under which the agency shall construct, or
cause to be constructed, a building or buildings to be used by the
district upon a designated site within a project area and, pursuant
to such agreement, the district may lease such buildings and site.
Such agreement shall provide that the title to such building or
buildings and site shall vest in the district at the expiration of
such lease, and may provide the means or method by which the title to
the building or buildings and the site shall vest in the district
prior to the expiration of such lease, and shall contain such other
terms and conditions as the governing board of the district deems to
be in the best interest of the district. Such agreements and leases
may be entered into by the governing board of any school district
without regard to bidding, election, or any other requirement of
Article 9 (commencing with Section 15701) of Chapter 2 of Division 11
of Part 3 of the Education Code.

33447. In addition to any other authority contained in this
division and subject to the requirements of this section, taxes
levied in a project area and allocated to the agency as provided in
subdivision (b) of Section 33670 may be used as provided thereby
anywhere within the territorial jurisdiction of the agency to finance
the construction or acquisition of public improvements meeting the
following criteria, as determined by resolution of the agency:
(a) The public improvements will enhance the environment of a
residential neighborhood containing housing for persons and families
of low or moderate income, as defined in Section 50093, including
very low income households, as defined in Section 50105.
(b) The public improvements will be of benefit to the project
area. That determination shall be final and conclusive as to the
issue of benefit to the project area.
(c) Public improvements eligible for financing under this section
shall be limited to the following:
(1) Street improvements.
(2) Water, sewer, and storm drainage facilities.
(3) Neighborhood parks and related recreational facilities.
This section shall be applicable to redevelopment projects within
the City of Paramount for which the redevelopment plan authorizes
tax-increment financing pursuant to Section 33670, whether the
redevelopment plan is adopted prior or subsequent to January 1, 1978.
Financing of public improvements pursuant to this section shall be
authorized by the redevelopment plan or by resolution of the agency.
Any ordinance or resolution implementing this section shall specify
the public improvements to be financed thereunder.
As a condition to financing public improvements as provided in
this section on or after January 1, 1983, the redevelopment agency of
the City of Paramount shall establish a Low and Moderate Income
Housing Fund, and, with respect to any project made subject to this
section, shall deposit in that fund not less than 20 percent of that
portion of revenues allocated and paid to the agency pursuant to
subdivision (b) of Section 33670 on and after January 1, 1983, which
is not required to pay the principal of, or interest on, bonds or
other indebtedness of the agency issued or incurred prior to that
date. Moneys deposited in the Low and Moderate Income Housing Fund
pursuant to this section shall be used pursuant to Article 4
(commencing with Section 33330).
The Legislature finds and declares that effective redevelopment
within the City of Paramount requires the existence of adequate
public services and facilities for persons residing in the
surrounding community, including persons employed by industry which
is located in a redevelopment project, and that public improvements
of the types specified in this section are particularly needed in the
low- and moderate-income neighborhoods of the City of Paramount in
order to encourage stability and prevent decline which could have
serious negative impact on redevelopment, as well as necessitate
additional redevelopment. Because of the unusually compelling need in
the City of Paramount and because of the impracticability of
financing all required improvements by other means, it is the intent
of the Legislature in enacting this section to augment the powers of
the redevelopment agency of the City of Paramount to permit the use
of tax-increment revenues in the manner and for the purposes
prescribed by this section.

33448. In a county with a population of 4,000,000 persons or more,
or in a city of 500,000 persons or more, an agency may, with the
consent of the legislative body, acquire, construct, and finance by
the issuance of bonds or otherwise a public improvement whether
within or without a project area consisting of a transportation
collection and distribution system and peripheral parking structures
and facilities, including sites therefor, to serve the project area
and surrounding areas, upon a determination by resolution of the
agency and the legislative body that such public improvement is of
benefit to the project area. Such determination by the agency and
the legislative body shall be final and conclusive as to the issue of
benefit to the project area.
The agency shall, in order to exercise the powers granted by this
section, enter into an agreement with the rapid transit district
which includes the county or city, or a portion thereof, in which
agreement the rapid transit district shall be given all of the
following responsibilities:
(a) To participate with the other parties to the agreement to
design, determine the location and extent of the necessary
rights-of-way for, and construct the transportation, collection, and
distribution systems and related peripheral parking structures and
facilities.
(b) To operate and maintain such transportation, collection, and
distribution systems and related peripheral parking structures and
facilities in accordance with the rapid transit district's
outstanding agreements and the agreement required by this paragraph.

33449. Notwithstanding Section 33440, or any other provision of
law, an agency may, inside or outside any project area, acquire land,
donate land, improve sites, or construct or rehabilitate structures
in order to provide housing for persons and families of low or
moderate income, as defined in Section 41056, and very low income
households, as defined in Section 41067, and may provide subsidies
to, or for the benefit of, such persons and families or households to
assist them in obtaining housing within the community.
Except as otherwise authorized by law, nothing in this section
shall empower an agency to operate a rental housing development
beyond such period as is reasonably necessary to sell or lease the
housing development.
This section shall apply to all redevelopment project areas for
which a redevelopment plan has been adopted, whether the
redevelopment plan is adopted before or after January 1, 1976.


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