2009 California Health and Safety Code - Section 33420-33426.7 :: Article 10. Demolition, Clearance, Project Improvements, And Site Preparation

33420.  An agency may clear or move buildings, structures, or other
improvements from any real property acquired.

33420.1.  Within a project area, for any project undertaken by an
agency for building rehabilitation or alteration in construction, an
agency may take those actions which the agency determines necessary
and which is consistent with local, state, and federal law, to
provide for seismic retrofits as follows:
   (a) For unreinforced masonry buildings, to meet the requirements
of Chapter 1 of the Appendix of the Uniform Code for Building
Conservation of the International Conference of Building Officials.
   (b) For any buildings that qualify as "historical property" under
Section 37602, to meet the requirements of the State Historical
Building Code (Part 2.7 (commencing with Section 18950) of Division
13).
   (c) For buildings other than unreinforced masonry buildings and
historical properties, to meet the requirements of the most current
edition of the Uniform Building Code of the International Conference
of Building Officials.
   If an agency undertakes seismic retrofits and proposes to add new
territory to the project area, to increase either the limitation on
the number of dollars to be allocated to the redevelopment agency or
the time limit on the establishing of loans, advances, and
indebtedness established pursuant to paragraphs (1) and (2) of
Section 33333.2, to lengthen the period during which the
redevelopment plan is effective, to merge project areas, or to add
significant additional capital improvement projects, as determined by
the agency, the agency shall amend its redevelopment plan and follow
the same procedure, and the legislative body is subject to the same
restrictions, as provided for in Article 4 (commencing with Section
33330) for the adoption of a plan.

33420.2.  Within a project area, an agency may take any actions that
the agency determines are necessary to remove graffiti from public
or private property upon making a finding that, because of the
magnitude and severity of the graffiti within the project area, the
action is necessary to effectuate the purposes of the redevelopment
plan, and that the action will assist with the elimination of blight,
as defined in Section 33031.

33421.  An agency may develop as a building site any real property
owned or acquired by it. In connection with such development it may
cause, provide or undertake or make provision with other agencies for
the installation, or construction of streets, utilities, parks,
playgrounds and other public improvements necessary for carrying out
in the project area the redevelopment plan.

33421.1.  Without the prior consent of the legislative body, the
agency may not use its authority under Section 33421 to develop a
site for industrial or commercial use so as to provide streets,
sidewalks, utilities, or other improvements which an owner or
operator of the site would otherwise be obliged to provide.
   In giving consent, the legislative body shall make a finding that
the provision of such improvements is necessary to effectuate the
purposes of the redevelopment plan.

33422.1.  To the greatest extent feasible, contracts for work to be
performed in connection with any redevelopment project shall be
awarded to business concerns which are located in, or owned in the
substantial part by persons residing in, the project area.

33422.3.  To insure training and employment opportunities for
lower-income project area residents, the agency may specify in the
call for bids for any contract over one hundred thousand dollars
($100,000) for work to be performed in connection with any
redevelopment project that project area residents, if available,
shall be employed for a specified percentage of each craft or type of
workmen needed to execute the contract or work.

33423.  Before awarding any contract for such work to be done in a
project, the agency shall ascertain the general prevailing rate of
per diem wages in the locality in which the work is to be performed,
for each craft or type of workman needed to execute the contract or
work, and shall specify in the call for bids for the contract and in
the contract such rate and the general prevailing rate for regular
holiday and overtime work in the locality, for each craft or type of
workman needed to execute the contract.

33424.  The contractor to whom the contract is awarded and any
subcontractor under him shall pay not less than the specified
prevailing rate of wages to all workmen employed in the execution of
the contract.

33425.  As a penalty to the agency which awarded the contract, the
contractor shall forfeit ten dollars ($10) for each calendar day or
portion thereof for each workman paid less than the stipulated
prevailing rates for any public work done under the contract by him
or by any subcontractor under him. A stipulation to this effect shall
be included in the contract.

33426.  Each contractor and subcontractor shall keep an accurate
record showing the name, occupation, and actual per diem wages paid
to each workman employed by him in connection with the work. The
record shall be kept open at all reasonable hours to the inspection
of the agency.

33426.5.  Notwithstanding the provisions of Sections 33391, 33430,
33433, and 33445, or any other provision of this part, an agency
shall not provide any form of direct assistance to:
   (a) An automobile dealership which will be or is on a parcel of
land which has not previously been developed for urban use, unless,
prior to the effective date of the act that adds this section, the
agency either owns the land or has entered into an enforceable
agreement, for the purchase of the land or of an interest in the
land, including, but not limited to, a lease or an agreement
containing covenants affecting real property, that requires the land
to be developed and used as an automobile dealership.
   (b) (1) A development that will be or is on a parcel of land of
five acres or more which has not previously been developed for urban
use and that will, when developed, generate sales or use tax pursuant
to Part 1.5 (commencing with Section 7200) of Division 2 of the
Revenue and Taxation Code, unless the principal permitted use of the
development is office, hotel, manufacturing, or industrial, or
unless, prior to the effective date of the act that adds this
section, the agency either owns the land or has entered into an
enforceable agreement, for the purchase of the land or of an interest
in the land, including, but not limited to, a lease or an agreement
containing covenants affecting real property, that requires the land
to be developed.
   (2) For the purposes of this subdivision, a parcel shall include
land on an adjacent or nearby parcel on which a use exists that is
necessary for the legal development of the parcel.
   (c) A development or business, either directly or indirectly, for
the acquisition, construction, improvement, rehabilitation, or
replacement of property that is or would be used for gambling or
gaming of any kind whatsoever including, but not limited to, casinos,
gaming clubs, bingo operations, or any facility wherein banked or
percentage games, any form of gambling device, or lotteries, other
than the California State Lottery, are or will be played.
   (d) The prohibition in subdivision (c) is not intended to prohibit
a redevelopment agency from acquiring property on or in which an
existing gambling enterprise is located, for the purpose of selling
or leasing the property for uses other than gambling, provided that
the agency acquires the property for fair market value.
   (e) This section shall not be construed to apply to agency
assistance in the construction of public improvements that serve all
or a portion of a project area and that are not required to be
constructed as a condition of approval of a development described in
subdivision (a), (b), or (c), or to prohibit assistance in the
construction of public improvements that are being constructed for a
development that is not described in subdivision (a), (b), or (c).

33426.7.  (a) Notwithstanding any other provision of this part, a
redevelopment agency shall not provide any form of financial
assistance to a vehicle dealer or big box retailer, or a business
entity that sells or leases land to a vehicle dealer or big box
retailer, that is relocating from the territorial jurisdiction of one
community to the territorial jurisdiction of another community but
within the same market area.
   (b) As used in this section:
   (1) "Big box retailer" means a store of greater than 75,000 square
feet of gross buildable area that will generate sales or use tax
pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law
(Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue
and Taxation Code).
   (2) "Community" and "territorial jurisdiction" have the meanings
specified in Sections 33002 and 33120, respectively.
   (3) "Financial assistance" includes, but is not limited to, any of
the following:
   (A) Any appropriation of public funds, including loans, grants, or
subsidies or the payment for or construction of parking
improvements.
   (B) Any tax incentive, including tax exemptions, rebates,
reductions, or moratoria of a tax, including any rebate or payment
based upon the amount of sales tax generated from the vehicle dealer
or big box retailer.
   (C) The sale or lease of real property at a cost that is less than
fair market value.
   (D) Payment for, forgiveness of, or reduction of fees.
   (4) (A) "Market area" means a geographical area that is described
in independent and recognized commercial trade literature, recognized
and established business or manufacturing policies or practices, or
publications of recognized independent research organizations as
being an area that is large enough to support the location of the
specific vehicle dealer or the specific big box retailer that is
relocating.
   (B) With respect to a vehicle dealer, a "market area" shall not
extend further than 40 miles, as measured by the most reasonable
route on roads between two points, starting from the location from
which the vehicle dealer is relocating and ending at the location to
which the vehicle dealer is relocating.
   (C) With respect to a big box retailer, a "market area" shall not
extend further than 25 miles, as measured by the most reasonable
route on roads between two points, starting from the location from
which the big box retailer is relocating and ending at the location
to which the big box retailer is relocating.
   (5) "Relocating" means the closing of a vehicle dealer or big box
retailer in one location and the opening of a vehicle dealer or big
box retailer in another location within a 365-day period when a
person or business entity has an ownership interest in both the
vehicle dealer or big box retailer that has closed or will close and
the one that is opening. "Relocating" does not mean and shall not
include the closing of a vehicle dealer or big box retailer because
the vehicle dealer or big box retailer has been or will be acquired
or has been or will be closed as a result of the use of eminent
domain.
   (6) "Vehicle dealer" means a retailer that is also a dealer as
defined by Section 285 of the Vehicle Code.
   (c) This section does not apply to agency assistance in the
construction of public improvements that serve all or a portion of a
project area and that are not required to be constructed as a
condition of approval of the vehicle dealer or big box retailer. This
section also does not prohibit assistance in the construction of
public improvements that are being constructed for a development
other than the vehicle dealer or big box retailer.
   (d) This section shall not apply to any financial assistance
provided by a redevelopment agency pursuant to a lease, contract,
agreement, or other enforceable written instrument entered into
between the redevelopment agency and a vehicle dealer, big box
retailer, or a business entity that sells or leases land to a vehicle
dealer or big box retailer, if the lease, contract, agreement, or
other enforceable written instrument was entered into prior to
December 31, 1999.