2007 California Health and Safety Code Article 16.5. Adoption Of Implementation Plans

CA Codes (hsc:33490)

33490.  (a) (1) (A) On or before December 31, 1994, and each five
years thereafter, each agency that has adopted a redevelopment plan
prior to December 31, 1993, shall adopt, after a public hearing, an
implementation plan that shall contain the specific goals and
objectives of the agency for the project area, the specific programs,
including potential projects, and estimated expenditures proposed to
be made during the next five years, and an explanation of how the
goals and objectives, programs, and expenditures will eliminate
blight within the project area and implement the requirements of
Section 33333.10, if applicable, and Sections 33334.2, 33334.4,
33334.6, and 33413. After adoption of the first implementation plan,
the parts of the implementation plan that address Section 33333.10,
if applicable, and Sections 33334.2, 33334.4, 33334.6, and 33413
shall be adopted every five years either in conjunction with the
housing element cycle or the implementation plan cycle. The agency
may amend the implementation plan after conducting a public hearing
on the proposed amendment. If an action attacking the adoption,
approval, or validity of a redevelopment plan adopted prior to
January 1, 1994, has been brought pursuant to Chapter 5 (commencing
with Section 33500), the first implementation plan required pursuant
to this section shall be adopted within six months after a final
judgment or order has been entered. Subsequent implementation plans
required pursuant to this section shall be adopted pursuant to the
terms of this section, and as if the first implementation plan had
been adopted on or before December 31, 1994.
   (B) Adoption of an implementation plan shall not constitute an
approval of any specific program, project, or expenditure and shall
not change the need to obtain any required approval of a specific
program, project, or expenditure from the agency or community. The
adoption of an implementation plan shall not constitute a project
within the meaning of Section 21000 of the Public Resources Code.
However, the inclusion of a specific program, potential project, or
expenditure in an implementation plan prepared pursuant to
subdivision (c) of Section 33352 in conjunction with a redevelopment
plan adoption shall not eliminate analysis of those programs,
potential projects, and expenditures in the environmental impact
report prepared pursuant to subdivision (k) of Section 33352 to the
extent that it would be otherwise required. In addition, the
inclusion of programs, potential projects, and expenditures in an
implementation plan shall not eliminate review pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), at the time of the
approval of the program, project, or expenditure, to the extent that
it would be otherwise required.
   (2) (A) A portion of the implementation plan shall address the
agency housing responsibilities and shall contain a section
addressing Section 33333.10, if applicable, and Sections 33334.2,
33334.4, and 33334.6, the Low and Moderate Income Housing Fund, and,
if subdivision (b) of Section 33413 applies, a section addressing
agency developed and project area housing. The section addressing the
Low and Moderate Income Housing Fund shall contain:
   (i) The amount available in the Low and Moderate Income Housing
Fund and the estimated amounts which will be deposited in the Low and
Moderate Income Housing Fund during each of the next five years.
   (ii) A housing program with estimates of the number of new,
rehabilitated, or price restricted units to be assisted during each
of the five years and estimates of the expenditures of moneys from
the Low and Moderate Income Housing Fund during each of the five
years.
   (iii) A description of how the housing program will implement the
requirement for expenditures of moneys in the Low and Moderate Income
Housing Fund over a 10-year period for various groups as required by
Section 33334.4. For project areas to which subdivision (b) of
Section 33413 applies, the 10-year period within which Section
33334.4 is required to be implemented shall be the same 10-year
period within which subdivision (b) of Section 33413 is required to
be implemented.  Notwithstanding the first sentence of Section
33334.4 and the first sentence of this clause, in order to allow
these two 10-year time periods to coincide for the first time period,
the time to implement the requirements of Section 33334.4 shall be
extended two years, and project areas in existence on December 31,
1993, shall implement the requirements of Section 33334.4 on or
before December 31, 2014, and each 10 years thereafter rather than
December 31, 2012. For project areas to which subdivision (b) of
Section 33413 does not apply, the requirements of Section 33334.4
shall be implemented on or before December 31, 2014, and each 10
years thereafter.
   (iv) This requirement to include a description of how the housing
program will implement Section 33334.4 in the implementation plan
shall apply to implementation plans adopted pursuant to subdivision
(a) on or after December 31, 2002.
   (B) For each project area to which subdivision (b) of Section
33413 applies, the section addressing the agency developed and
project area housing shall contain:
   (i) Estimates of the number of new, substantially rehabilitated or
price restricted residential units to be developed or purchased
within one or more project areas, both over the life of the plan and
during the next 10 years.
   (ii) Estimates of the number of units of very low, low-, and
moderate-income households required to be developed within one or
more project areas in order to meet the requirements of paragraph (2)
of subdivision (b) of Section 33413, both over the life of the plan
and during the next 10 years.
   (iii) The number of units of very low, low-, and moderate-income
households which have been developed within one or more project areas
which meet the requirements of paragraph (2) of subdivision (b) of
Section 33413.
   (iv) Estimates of the number of agency developed residential units
which will be developed during the next five years, if any, which
will be governed by paragraph (1) of subdivision (b) of Section
33413.
   (v) Estimates of the number of agency developed units for very
low, low-, and moderate-income households which will be developed by
the agency during the next five years to meet the requirements of
paragraph (1) of subdivision (b) of Section 33413.
   (C) The section addressing Section 33333.10, if applicable, and
Section 33334.4 shall contain all of the following:
   (i) The number of housing units needed for very low income
persons, low-income persons, and moderate-income persons as each of
those needs have been identified in the most recent determination
pursuant to Section 65584 of the Government Code, and the proposed
amount of expenditures from the Low and Moderate Income Housing Fund
for each income group during each year of the implementation plan
period.
   (ii) The total population of the community and the population
under 65 years of age as reported in the most recent census of the
United States Census Bureau.
   (iii) A housing program that provides a detailed schedule of
actions the agency is undertaking or intends to undertake to ensure
expenditure of the Low and Moderate Income Housing Fund in the
proportions required by Section 33333.10, if applicable, and Section
33334.4.
   (iv) For the previous implementation plan period, the amounts of
Low and Moderate Income Housing Fund moneys utilized to assist units
affordable to, and occupied by, extremely low income households, very
low income households, and low-income households; the number, the
location, and level of affordability of units newly constructed with
other locally controlled government assistance and without agency
assistance and that are required to be affordable to, and occupied
by, persons of low, very low, or extremely low income for at least 55
years for rental housing or 45 years for homeownership housing, and
the amount of Low and Moderate Income Housing Fund moneys utilized to
assist housing units available to families with children, and the
number, location, and level of affordability of those units.
   (3) If the implementation plan contains a project that will result
in the destruction or removal of dwelling units that will have to be
replaced pursuant to subdivision (a) of Section 33413, the
implementation plan shall identify proposed locations suitable for
those replacement dwelling units.
   (4) For a project area that is within six years of the time limit
on the effectiveness of the redevelopment plan established pursuant
to Section 33333.2, 33333.6, 33333.7, or 33333.10, the portion of the
implementation plan addressing the housing responsibilities shall
specifically address the ability of the agency to comply, prior to
the time limit on the effectiveness of the redevelopment plan, with
subdivision (a) of Section 33333.8, subdivision (a) of Section 33413
with respect to replacement dwelling units, subdivision (b) of
Section 33413 with respect to project area housing, and the
disposition of the remaining moneys in the Low and Moderate Income
Housing Fund.
   (5) The implementation plan shall identify the fiscal year that
the agency expects each of the following time limits to expire:
   (A) The time limit for the commencement for eminent domain
proceedings to acquire property within the project area.
   (B) The time limit for the establishment of loans, advances, and
indebtedness to finance the redevelopment project.
   (C) The time limit for the effectiveness of the redevelopment
plan.
   (D) The time limit to repay indebtedness with the proceeds of
property taxes.
   (b) For a project area for which a redevelopment plan is adopted
on or after January 1, 1994, the implementation plan prepared
pursuant to subdivision (c) of Section 33352 shall constitute the
initial implementation plan and thereafter the agency after a public
hearing shall adopt an implementation plan every five years
commencing with the fifth year after the plan has been adopted.
Agencies may adopt implementation plans that include more than one
project area.
   (c) Every agency, at least once within the five-year term of the
plan, shall conduct a public hearing and hear testimony of all
interested parties for the purpose of reviewing the redevelopment
plan and the corresponding implementation plan for each redevelopment
project within the jurisdiction and evaluating the progress of the
redevelopment project.  The hearing required by this subdivision
shall take place no earlier than two years and no later than three
years after the adoption of the implementation plan. For a project
area that is within three years of the time limit on the
effectiveness of the redevelopment plan established pursuant to
Section 33333.2, 33333.6, 33333.7, or 33333.10, the review shall
specifically address those items in paragraph (4) of subdivision (a).
An agency may hold one hearing for two or more project areas if
those project areas are included within the same implementation plan.

   (d) Notice of public hearings conducted pursuant to this section
shall be published pursuant to Section 6063 of the Government Code,
mailed at least three weeks in advance to all persons and agencies
that have requested notice, and posted in at least four permanent
places within the project area for a period of three weeks.
Publication, mailing, and posting shall be completed not less than 10
days prior to the date set for hearing.