Amended
IN
Assembly
June 28, 2021 |
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
May 10, 2021 |
Introduced by Assembly (Principal coauthors: Senators Durazo and Wiener) |
February 17, 2021 |
The Community Redevelopment Law authorized the establishment of redevelopment agencies in communities to address the effects of blight, as defined. Existing law dissolved redevelopment agencies as of February 1, 2012, and authorizes a local agency that authorized the creation of a redevelopment agency to become the successor agency to the former redevelopment agency, as specified. If no local agency elects to serve as a successor agency for a dissolved redevelopment agency, existing law requires a public body referred to as a designated local authority to be immediately formed to serve as the successor agency until a local agency elects to become the successor agency.
Existing law, at the request of a city or county that authorized the creation of a redevelopment agency, transfers all land use related plans and functions of the former
redevelopment agency, except as specified.
This bill would transfer to the City of Los Angeles all land use related plans and functions of the former Community Redevelopment Agency of the City of Los Angeles, and would make the amendment or repeal of those land use related plans or functions exempt from specified provisions governing community redevelopment. The bill would deem any land use or development project permitted by specified laws of the City of Los Angeles for a property in a redevelopment project area to be an allowed land use or development project for purposes of the applicable redevelopment plan. The bill, with certain exceptions, would deem certain land use related plans and functions of the former Community Redevelopment Agency of the City of Los Angeles
to be of no further force and effect. The bill would make these provisions effective November 11, 2019.
Existing law, the California Environmental Quality Act (CEQA), requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would exempt from CEQA a specified ordinance of the City of Los Angeles, and any action by the
city prior to January 1, 2023, in furtherance or implementing the transfer of all land use related plans and functions of the former redevelopment agency, as specified.
This bill would provide that its provisions are severable.
This bill would make legislative findings and declarations as to the necessity of a special statute for City of Los Angeles.
This bill would declare that it is to take effect immediately as an urgency statute.
(c)Subdivision (b) shall not apply within any jurisdiction that received a direct allocation of assistance from the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) and did not accept a block grant pursuant to Section 50897.2 of the Health and Safety Code and is not subject to paragraph (5) of subdivision (a) of that section.
(d)
(e)
(f)
(g)
(h)
(g)This section shall remain in effect until July 1, 2021, and as of that date is repealed.
(a)(1)The clerk shall allow access to limited civil case records filed under this chapter, including the court file, index, and register of actions, only as follows:
(A)To a party to the action, including a party’s attorney.
(B)To a person who provides the clerk with the names of at least one plaintiff and one defendant and the address of the premises, including the apartment or unit number, if any.
(C)To a resident of the premises who provides the clerk with the name of one of the parties or the case number and shows proof of residency.
(D)To a
person by order of the court, which may be granted ex parte, on a showing of good cause.
(E)To any person by order of the court if judgment is entered for the plaintiff after trial more than 60 days since the filing of the complaint. The court shall issue the order upon issuing judgment for the plaintiff.
(F)Except as provided in subparagraph (G), to any other person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint, in which case the clerk shall allow access to any court records in the action. If a default or default judgment is set aside more than 60 days after the complaint has been filed, this section shall apply as if the complaint had been filed on the date the default or default judgment is set aside.
(G)In the case of a
complaint involving residential property based on Section 1161a as indicated in the caption of the complaint, as required in subdivision (c) of Section 1166, to any other person, if 60 days have elapsed since the complaint was filed with the court, and, as of that date, judgment against all defendants has been entered for the plaintiff, after a trial.
(2)This section shall not be construed to prohibit the court from issuing an order that bars access to the court record in an action filed under this chapter if the parties to the action so stipulate.
(b)(1)For purposes of this section, “good cause” includes, but is not limited to, both of the following:
(A)The gathering of newsworthy facts by a person described in Section 1070 of the Evidence Code.
(B)The gathering of evidence by a party to an unlawful detainer action solely for the purpose of making a request for judicial notice pursuant to subdivision (d) of Section 452 of the Evidence Code.
(2)It is the intent of the Legislature that a simple procedure be established to request the ex parte order described in subparagraph (D) of paragraph (1) of subdivision (a).
(c)Upon the filing of a case so restricted, the court clerk shall mail notice to each defendant named in the action. The notice shall be mailed to the address provided in the complaint. The notice shall contain a statement that an unlawful detainer complaint (eviction action) has been filed naming that party as a defendant, and that access to the court file will be delayed for 60 days except to a party, an attorney for one of the parties, or any other
person who (1) provides to the clerk the names of at least one plaintiff and one defendant in the action and provides to the clerk the address, including any applicable apartment, unit, or space number, of the subject premises, or (2) provides to the clerk the name of one of the parties in the action or the case number and can establish through proper identification that the person lives at the subject premises. The notice shall also contain a statement that access to the court index, register of actions, or other records is not permitted until 60 days after the complaint is filed, except pursuant to an order upon a showing of good cause for access. The notice shall contain on its face the following information:
(1)The name and telephone number of the county bar association.
(2)The name and telephone number of any entity that requests inclusion on the notice and demonstrates to
the satisfaction of the court that it has been certified by the State Bar of California as a lawyer referral service and maintains a panel of attorneys qualified in the practice of landlord-tenant law pursuant to the minimum standards for a lawyer referral service established by the State Bar of California and Section 6155 of the Business and Professions Code.
(3)The following statement:
“The State Bar of California certifies lawyer referral services in California and publishes a list of certified lawyer referral services organized by county. To locate a lawyer referral service in your county, go to the State Bar’s internet website at www.calbar.ca.gov or call 1-866-442-2529.”
(4)The name and telephone number of an office or offices funded by the federal Legal Services Corporation or qualified legal services projects that receive funds
distributed pursuant to Section 6216 of the Business and Professions Code that provide legal services to low-income persons in the county in which the action is filed. The notice shall state that these telephone numbers may be called for legal advice regarding the case. The notice shall be issued between 24 and 48 hours of the filing of the complaint, excluding weekends and holidays. One copy of the notice shall be addressed to “all occupants” and mailed separately to the subject premises. The notice shall not constitute service of the summons and complaint.
(d)Notwithstanding any other law, the court shall charge an additional fee of fifteen dollars ($15) for filing a first appearance by the plaintiff. This fee shall be added to the uniform filing fee for actions filed under this chapter.
(e)This section does not apply to a case that seeks to terminate a mobilehome park tenancy
if the statement of the character of the proceeding in the caption of the complaint clearly indicates that the complaint seeks termination of a mobilehome park tenancy.
(f)This section does not alter any provision of the Evidence Code.
(g)This section shall become operative on July 1, 2021.
(d)This section shall remain in effect until July 1, 2021, and as of that date is repealed.
(c)
(d)
(c)
(d)“Eligible
(e)
(f)“Funding target” means an allocation goal within a reservation pool to guide outreach and disbursement of funds to achieve the program’s policy goals within a geographic reservation pool.
(h)“Locality” means a city, including a charter city, a county, including a charter county, or a city and county,
including a charter city and county.
(i)
(j)
(k)
(l)
(m)
“Reservation pool” means the amount of program funds set aside for a select geographic area.
(n)
(2)One
(3)
(o)
(3)
(p)
(3)A grantee that receives block grant funds under this section shall expend the full amount of that allocation by August 1, 2021.
(3)Upon a finding by the department that the conditions specified in paragraph (2) are not met, the department may allocate those funds to localities that received block grant assistance pursuant to this section, provided they have expended at least 50 percent of their funds at the time of application and have a demonstrated need.
(5)The department may establish additional funding targets within the reservation pool to support an equitable distribution that targets eligible households most impacted by COVID-19.
(2)In reallocating funds pursuant to this subdivision, the department or, if applicable, the program implementer acting on behalf of the department shall prioritize reallocating those unused funds to provide financial assistance for rental arrears accumulated on or after April 1, 2020, and before the expiration of the program.
(3)
The Legislature finds and declares all of the following:
(a)The City of Los Angeles (the City) is experiencing a severe housing crisis that is impacting the health, safety, and welfare of its people.
(b)Since 1948, the Community Redevelopment Agency of the City of Los Angeles (CRA/LA) was the City’s public partner in housing, commercial, neighborhood, and economic development in communities that suffered from blight and catastrophic events. Redevelopment agencies, such as CRA/LA, were dedicated to revitalizing, refurbishing, and renewing economically disadvantaged
communities.
(c)Effective June 29, 2011, Assembly Bill 26 of the First Extraordinary Session (Chapter 5 of the 2011-12 First Extraordinary Session) (AB 26) deemed, upon dissolution of a redevelopment agency, any property taxes that would have been allocated to the redevelopment agency to no longer be deemed tax increment, and instead to be deemed property tax revenues and to be allocated first to successor agencies to make payments on the indebtedness incurred by the dissolved redevelopment agencies, with remaining balances allocated pursuant to applicable constitutional and statutory provisions. Pursuant to Section 34167 of the Health and Safety Code, Part 1.85 (commencing with Section 34170) of the Health and Safety Code added by AB 26 is intended to preserve, to the maximum extent possible, the revenues and assets of redevelopment
agencies so that those assets and revenues that are not needed to pay for enforceable obligations may be used by local governments to fund core governmental services including police and fire protection services and schools.
(d)The dissolution of the former CRA/LA pursuant to AB 26 took effect on February 1, 2012. At that time, the City elected not to become the successor agency of the former CRA/LA. As a result, the Governor appointed a three-member governing board as the designated local authority (DLA) to wind down the operations of the former CRA/LA.
(e)On June 27, 2012, the Legislature and the Governor enacted Assembly Bill 1484 of the 2012 Regular Session (Chapter 26 of the Statutes of
2012), which, among other things, did both of the following:
(1)Amended Section 34189 of the Health and Safety Code to make inoperative all provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code) that depended on the allocation of tax increment to redevelopment agencies with limited exceptions.
(2)Amended
Section 34173 of the Health and Safety Code to allow a city or county that authorized the creation of a redevelopment agency to request transfer of all land use related plans and functions of the former redevelopment agency to that city or county.
(f)The City does not receive any tax increment to implement any requirements, goals, or objectives of the redevelopment project plans.
(g)On June 21, 2012, the governing board of the CRA/LA, the duly established successor agency to the former Community Redevelopment Agency of the City of Los Angeles, approved a resolution applicable to certain specified redevelopment plan project areas that resolved the following: “For purposes of determining whether land uses proposed in development applications for any property
located in the Project Areas are permitted uses, it is hereby determined that any land uses permitted for such property by the applicable provisions of the City of Los Angeles General Plan, Community Plan and Zoning Ordinance, all as they now exist or are hereafter amended or supplanted from time to time, shall be permitted land uses for all purposes under the applicable Redevelopment Plan [and] [t]he land use designation for any property in a Project Area set forth in the Redevelopment Plan Map and the land use regulations for such property set forth in the Redevelopment Plan for the applicable Project Area shall defer to and be superseded by the applicable City of Los Angeles General Plan, Community Plan and Zoning Ordinance land use designations and regulations for such property, all as they now exist or are hereafter amended or supplanted from time to time.”
(h)On September 24, 2019, the City Council of the City of Los Angeles adopted a resolution requesting transfer of all land use related plans and functions of the former redevelopment agency to the City pursuant to Section 34173 of the Health and Safety Code, to be effective upon the effective date of Ordinance No. 186325.
(i)On September 27, 2019, Mayor Eric Garcetti signed Ordinance No. 186325 and Ordinance No. 186325 became effective upon November 11, 2019. Therefore, pursuant to subdivision (i) of Section 34173 of the Health and Safety Code, an action by the City to amend or repeal any land use related plan or function of the former Community Redevelopment Agency of the City of Los Angeles transferred to the City of Los Angeles upon the effective date of Ordinance No. 186325 and those land use related plans and
functions are subject to only those procedures, reports, and other requirements that would be applicable to amending or repealing a land use plan, or zoning ordinance, as applicable, independent of any procedure, report, or other requirement of Division 24 (commencing with Section 33000) of the Health and Safety Code. Additionally, pursuant to subdivision (i) of Section 34173 of the Health and Safety Code, the City is prohibited from creating a new project area, adding territory to, or expanding or changing the boundaries of a project area, or taking any action that would increase the amount of obligated property tax (formerly tax increment) necessary to fulfill any existing enforceable obligation beyond what was authorized as of June 27, 2011.
(j)On October 23, 2019, the City was sued on the following:
(1)Under Section 21167 of the Public Resources Code, the City’s compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) in adopting the ordinance to request transfer of all land use related plans and functions of the former redevelopment agency.
(2)The adequacy of the City’s request to transfer all land use related plans and functions of the former redevelopment agency under subdivision (i) of Section 34173 of the Health and Safety Code.
(3)The City’s practice of approving projects with density greater than the density restrictions in redevelopment plans under processes under state and city law to allow greater density in exchange for affordable housing, as violating and unlawfully
amending the redevelopment plans.
(k)In the last few years, petitioners and project opponents have brought multiple lawsuits or threatened challenges on the approval by the City of housing projects that involved over 3,000 housing units, including affordable housing units, on the basis that they do not conform to redevelopment plan requirements.
(l)The City is unique compared to other cities in the state for both of the following reasons:
(1)The City elected not to become the successor agency to its redevelopment agency, which was done by only six other cities, including the Cities of Los Banos, Mendota, Merced, Pismo Beach, Riverbank, and Santa Paula.
(2)In the City, there are 19 active redevelopment plans which include project areas of approximately 851 acres, including plans with extensive land use and development regulations that are different from the City’s own existing land use and zoning regulations.
(3)The City has extensive existing and newly adopted land use regulations, including, but not limited to, regulations required by local voter initiative and designed to increase the supply of affordable housing, which have been challenged as conflicting with certain of the land use related plans and functions transferred to the City from the former redevelopment agency.
(m)The City is not the successor agency to the former redevelopment agency.
(n)The ambiguity about the status of the redevelopment plans in the City, including under state law, is delaying and preventing urgently needed housing, including affordable housing, in the City.
(o)The unique circumstances of the City described in this section require special legislation that applies to the City.
(p)It is the intent of the Legislature that this act does not affect obligations of the City of Los Angeles to comply with the Judgement After Appeal in County of Los Angeles v. Community Redevelopment Agency of the City of Los Angeles, consolidated with Wiggins, et al
v. Community Redevelopment Agency of the City of Los Angeles, City of Los Angeles et al, (Los Angeles Superior Court Nos. BC 276472, related with Case No. BC277539).
(a)The adoption of Los Angeles City Ordinance No. 186325 on September 27, 2019, and any action by the City of Los Angeles prior to January 1, 2023, in furtherance of implementing the transfer of all land use related plans and functions of the former redevelopment agency, including, but not limited to, the adoption of an implementing ordinance or resolution, is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
(b)Notwithstanding any other provision of this division, including, but not limited to, subdivision (i) of Section 34173, both of the following are effective November 11, 2019:
(1)All land use related plans and functions of the former Community Redevelopment Agency of the City of Los Angeles are transferred to the City of Los Angeles.
(2)The amendment or repeal of a land use related plan or function transferred pursuant to paragraph (1) is exempt from this division.
(c)Effective November 11, 2019, any land use or development project permitted by the City of Los Angeles General Plan, community plan, specific plan, Los Angeles Municipal Code, or other applicable land use plan or zoning ordinance adopted under the authority of the Los Angeles City Charter or Los Angeles Municipal Code, for a property in a redevelopment project area, is an allowed land use or development project for purposes of
the applicable redevelopment plan, and any conflicting provision in any redevelopment plan shall defer to and be superseded by the applicable provisions of the City of Los Angeles General Plan, community plans, specific plans, Los Angeles Municipal Code, and any other land use plans or zoning ordinances adopted under the authority of the Los Angeles City Charter or Los Angeles Municipal Code.
(d)Effective November 11, 2019, any provision in any land use related plan or function of the former Community Redevelopment Agency of the City of Los Angeles that does any of the following has no further force and effect:
(1)Requires the City of Los Angeles to prepare or adopt policies, guidelines, or take any other legislative
action, unless required by this part, including, but not limited to, a long-range property management plan required by Section 34191.5, or required by Part 1.8 (commencing with Section 34161).
(2)Places a numerical cap or any other limitation on density, floor area ratios, total dwelling units or buildings, that could limit the development of housing, including affordable housing.
(3)Requires administration or implementation of a cap or limitation described in paragraph (2).
(4)Imposes a requirement pursuant to a provision of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) that depend on the allocation of tax increment to redevelopment agencies, including, but not limited to,
Sections
33445, 33640, 33641, 33645, and subdivision (b) of Section 33670.
(e)The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the City of Los Angeles as described in Section 1.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to create affordable housing opportunities at the earliest possible time, it is necessary for this act to take effect immediately.