Part 1.5COMMUNITY REDEVELOPMENT DISASTER PROJECT LAW

Section § 34000

Explanation

This law section acknowledges that natural disasters like floods, fires, and earthquakes can seriously impact the public and communities need effective ways to rebuild. It recognizes that redevelopment agencies have special powers that can help with rebuilding and boosting local economies after disasters.

However, the existing Community Redevelopment Law can make it hard for local officials to act quickly in such situations. Therefore, this law aims to provide different procedures and requirements to support redevelopment efforts specifically after disasters.

Redevelopment agencies and projects set up under a previous law will continue to operate under those old rules even though the law itself was repealed. This new part of the law, called the Community Redevelopment Disaster Project Law, will apply to all redevelopment activities happening after its effective date.

(a)Copy CA Health and Safety Code § 34000(a)
(1)Copy CA Health and Safety Code § 34000(a)(1)  The Legislature finds and declares all of the following:
(A)CA Health and Safety Code § 34000(a)(1)(A)  Floods, fires, hurricanes, earthquakes, storms, tidal waves, or other catastrophes are disasters that can harm the public health, safety, and welfare. Communities need effective methods for rebuilding after disasters.
(B)CA Health and Safety Code § 34000(a)(1)(B)  The extraordinary powers of redevelopment agencies have been and can be useful in the reconstruction of buildings and in stimulating local economic activity.
(C)CA Health and Safety Code § 34000(a)(1)(C)  The procedures and requirements of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) restrict the ability of local officials to respond quickly after disasters.
(2)CA Health and Safety Code § 34000(a)(2)  In enacting this part, it is, therefore, the intent of the Legislature to provide communities with alternative procedures and requirements for redevelopment after disasters.
(b)CA Health and Safety Code § 34000(b)  Any redevelopment agency or project area established pursuant to the Community Redevelopment Financial Assistance and Disaster Project Law (former Part 1.5 (commencing with Section 34000)), as that law existed prior to the effective date of the act that repeals that law, shall remain in existence and subject to that law as if the Legislature had not repealed that law.
(c)CA Health and Safety Code § 34000(c)  This part shall apply only to redevelopment activities undertaken pursuant to its provisions on and after the effective date of the act that adds this part.
(d)CA Health and Safety Code § 34000(d)  This part is known and may be cited as the Community Redevelopment Disaster Project Law.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34001

Explanation

This law section outlines that communities must generally follow the Community Redevelopment Law.

If a major disaster is declared, a community can create a redevelopment agency and a plan for redevelopment in the disaster area. The critical steps must start within six months after the disaster is declared by the President. The local government then needs to approve the plan within 24 months of the disaster declaration.

(a)CA Health and Safety Code § 34001(a)  Except as specifically provided in this part, a community shall comply with the Community Redevelopment Law.
(b)CA Health and Safety Code § 34001(b)  A community may establish a redevelopment agency, and adopt and implement a redevelopment plan pursuant to this part, within a disaster area if the community has commenced the adoption of the redevelopment plan within six months after the President of the United States has determined the disaster to be a major disaster pursuant to paragraph (1) of subdivision (a) of Section 34002 and the legislative body has adopted the redevelopment plan within 24 months after the President of the United States has determined the disaster to be a major disaster pursuant to paragraph (1) of subdivision (a) of Section 34002.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34002

Explanation

This law defines key terms for disaster-related redevelopment in California. A "disaster" includes natural events like floods and earthquakes, needing state and federal recognition for aid. A "project area" must be heavily urban, significantly impacted by the disaster, and unable to recover without redevelopment. "Predominantly urbanized" means at least 80% of the area meets specific criteria. A "redevelopment agency" is an entity set up to manage such projects under existing laws. Terms not defined here follow those in the Community Redevelopment Law.

(a)CA Health and Safety Code § 34002(a)  As used in this part:
(1)CA Health and Safety Code § 34002(a)(1)  “Disaster” means any flood, fire, hurricane, earthquake, storm, tidal wave, or other catastrophe occurring on or after January 1, 1996, for which the Governor of the state has certified the need for assistance and which the President of the United States has determined to be a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as it may be from time to time amended.
(2)CA Health and Safety Code § 34002(a)(2)  “Project area” is an area that meets both of the following requirements:
(A)CA Health and Safety Code § 34002(a)(2)(A)  It is an area that is predominantly urbanized, as that term is defined in paragraph (3).
(B)CA Health and Safety Code § 34002(a)(2)(B)  It is limited to an area in which the disaster damage has caused conditions that are so prevalent and so substantial that they have caused a reduction, or a lack, of the normal predisaster usage of the area to an extent that causes a serious physical and economic burden that cannot reasonably be expected to be reversed or alleviated during the term of the redevelopment plan by private enterprise or governmental action, or both, without redevelopment.
(3)CA Health and Safety Code § 34002(a)(3)  “Predominantly urbanized” means that not less than 80 percent of the land in the project area meets the requirements of paragraphs (1) and (3) of subdivision (b) of Section 33320.1.
(4)CA Health and Safety Code § 34002(a)(4)  “Redevelopment agency” means any agency provided for and authorized to function pursuant to the Community Redevelopment Law or this part.
(b)CA Health and Safety Code § 34002(b)  Except as otherwise provided in this part, all words, terms, and phrases in this part shall have the same meanings as set forth in the Community Redevelopment Law.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34003

Explanation

This law allows a community that experienced a disaster and did not have a redevelopment agency authorized before January 1, 1996, to establish one through an ordinance. This means the local government can declare that a redevelopment agency is needed to help rebuild or improve the community. However, both the decision to create the agency and the adoption of the redevelopment plan can be challenged by the public through a vote, or referendum, as determined by existing laws.

Any community in which a disaster has occurred, and which prior to January 1, 1996, had not authorized a redevelopment agency to transact business or exercise any powers, may, by ordinance, declare the need for an agency to function in the community. The ordinance of the legislative body declaring that there is a need for an agency to function in the community and the ordinance adopting the redevelopment plan shall be subject to referendum as prescribed by law for the ordinances of the legislative body.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34004

Explanation

This law allows redevelopment agencies to adopt and implement redevelopment plans in disaster areas without having to meet certain typical requirements. They don't need a planning commission or general plan, the area doesn't need to be blighted, and the plan doesn't have to conform to a general plan or be submitted to a planning commission. The law bypasses the need for specific legislative findings typically required for adopting such plans.

The only stipulations are to follow time limits: loans and debts from property taxes must be limited to 10 years, the plan's effectiveness is capped at 10 years, and debt repayment is limited to 30 years. Additionally, the rule doesn't remove the need to comply with the California Real Property Acquisition and Relocation Assistance Act.

Notwithstanding any provision of the Community Redevelopment Law, any redevelopment agency may plan, adopt, and implement a redevelopment plan, and the redevelopment agency and the legislative body of the community may approve a redevelopment plan for a project in a disaster area pursuant to the Community Redevelopment Law, without regard to any of the following:
(a)CA Health and Safety Code § 34004(a)  The requirements of Sections 33301 and 33302 that there be a planning commission and a general plan.
(b)CA Health and Safety Code § 34004(b)  The requirements of Sections 33320.1 and 33322 that the project area be a blighted area or that the project area be selected by a planning commission.
(c)CA Health and Safety Code § 34004(c)  The requirement of Section 33331 that the redevelopment plan shall conform to a general plan.
(d)CA Health and Safety Code § 34004(d)  The requirement of Section 33346 that the redevelopment plan be submitted to the planning commission.
(e)CA Health and Safety Code § 34004(e)  The requirements of Section 33367 that the ordinance of the legislative body adopting the redevelopment plan shall contain findings (1) that the project area is a blighted area and (2) that the redevelopment plan conforms to the general plan of the community.
(f)CA Health and Safety Code § 34004(f)  The “relocation findings and statement” required by Section 33367 or the requirement of subdivision (f) of Section 33352 that a relocation plan be adopted prior to the adoption of the redevelopment plan. Nothing in this subdivision shall be construed to eliminate the requirement that a redevelopment agency comply with the California Real Property Acquisition and Relocation Assistance Act (Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code).
(g)CA Health and Safety Code § 34004(g)  The time limits required by Section 33333.2. However, any redevelopment plan adopted pursuant to this part shall contain the following time limits:
(1)CA Health and Safety Code § 34004(g)(1)  A time limit on the establishing of loans, advances, and indebtedness to be paid with the proceeds of property taxes received pursuant to Section 33670, which may not exceed 10 years from the adoption of the redevelopment plan.
(2)CA Health and Safety Code § 34004(g)(2)  A time limit, not to exceed 10 years from the adoption of the redevelopment plan, on the effectiveness of the redevelopment plan.
(3)CA Health and Safety Code § 34004(g)(3)  A time limit, not to exceed 30 years from the adoption of the redevelopment plan, to repay indebtedness with the proceeds of property taxes received pursuant to Section 33670.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34004.1

Explanation

This law sets a time limit for the effectiveness of the redevelopment plan for the Cedar Glen Disaster Recovery Project Area in San Bernardino County. The redevelopment plan must not last more than 15 years from when it is first adopted.

Notwithstanding subdivision (g) of Section 34004, the time limit on the effectiveness of the redevelopment plan for the County of San Bernardino Redevelopment Agency’s Cedar Glen Disaster Recovery Project Area shall not exceed 15 years from the adoption of the redevelopment plan.
Cedar Glen Disaster Recovery Project Area San Bernardino County Redevelopment plan time limit effectiveness 15 years adoption redevelopment agency
(Added by Stats. 2009, Ch. 13, Sec. 1. (SB 430) Effective January 1, 2010.)

Section § 34005

Explanation

This California law explains when and how a redevelopment agency can temporarily skip the California Environmental Quality Act (CEQA) requirements to speed up adopting a redevelopment plan during disasters. If this skip is needed, the agency has 12 months to prepare an environmental impact report or a negative declaration. They may have to amend the plan if there are impacts. If any environmental document is found inadequate, projects can't continue until it's addressed, but the existing plan remains valid.

All projects under the plan must still follow CEQA until the necessary environmental document is certified. This includes looking at cumulative impacts and having a reporting or monitoring program. Public hearings must be held with notices that could be combined with others, ensuring the public knows the agency's plan and intent to delay CEQA requirements.

(a)CA Health and Safety Code § 34005(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 part if the redevelopment agency determines at a public hearing, noticed in accord with this section, that the need to adopt a redevelopment plan at the soonest possible time in order to use the authority in the Community Redevelopment Disaster Project Law 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)CA Health and Safety Code § 34005(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 shall prepare and certify an environmental impact report or approve a negative declaration for the redevelopment plan within 12 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, the redevelopment agency shall not continue with projects which 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)CA Health and Safety Code § 34005(c)  Until the redevelopment agency certifies an environmental impact report or negative declaration for the redevelopment plan, all projects, as defined in the California Environmental Quality Act, which 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 will 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)CA Health and Safety Code § 34005(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 the Community Redevelopment Disaster Project Law 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.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34006

Explanation

This law section clarifies that when dealing with certain redevelopment and tax allocation situations, the terms "last equalized assessment roll" and "base-year assessment roll" refer specifically to the assessment roll that has been adjusted according to a specific tax code provision.

For purposes of Sections 33328, 33670, and 33675, and for purposes of allocation of taxes pursuant to Section 33670 and the provisions of any disaster area redevelopment plan, “last equalized assessment roll” and “base-year assessment roll” mean the assessment roll as reduced in accordance with subdivision (b) of Section 170 of the Revenue and Taxation Code.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34007

Explanation

A redevelopment agency can only use tax proceeds to buy, fix, or replace buildings and housing damaged or unsafe due to a disaster within a redevelopment area. This must align with relevant laws, and doesn’t change the agency's existing powers under Community Redevelopment Law.

A redevelopment agency that has adopted a redevelopment plan pursuant to this part shall limit the use of the proceeds of taxes received pursuant to Section 33670 for the sole purpose of acquiring, demolishing, removing , relocating, repairing, restoring, rehabilitating, or replacing buildings, low- and moderate-income housing, facilities, structures, or other improvements, in accordance with applicable laws, which are within the project area, and which have been damaged or destroyed by the disaster, which are unsafe to occupy, or which are required to be acquired, demolished, altered, or removed because of the disaster. Nothing in this section shall be deemed to expand or diminish the authority of a redevelopment agency pursuant to the Community Redevelopment Law.
redevelopment agency tax proceeds acquiring buildings disaster damage unsafe buildings rehabilitation low-income housing moderate-income housing redevelopment plan Section 33670 project area Community Redevelopment Law demolition structure relocation building restoration
(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)

Section § 34008

Explanation

This law says that if a community has a redevelopment plan and hasn't finished it yet, they can add parts of the project to a new, separate redevelopment plan under certain rules. The new plan must follow all the requirements specified in the Community Redevelopment Law.

A community that has adopted a redevelopment plan pursuant to this part may, prior to the termination of the plan, include all or a portion of the project area within a separate redevelopment plan pursuant to the Community Redevelopment Law. However, any portion of the project area included within the separate redevelopment plan shall meet all the requirements of the Community Redevelopment Law.
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(Repealed and added by Stats. 1995, Ch. 186, Sec. 2. Effective January 1, 1996.)