Full opinion text
SCHAUER, J. This appeal is from judgments rendered by the superior court in a special proceeding brought by the Community Redevelopment Agency of the City of Los Angeles (hereinafter called the agency), and in five separate actions which were consolidated for trial with such special proceeding. The agency began its proceeding in December 1959, pursuant to sections 33955 through 33961 of the Health and Safety Code (Stats. 1959, eh. 1542, p. 3868 et seq.), to determine (1) the validity of the redevelopment plan for the Bunker Hill Urban Renewal Project IB (hereinafter called the Bunker Hill project), (2) the agency’s authority to issue bonds to finance the project in part, (3) the validity of the bonds to be issued by the agency; and (4) for an injunction pursuant to section 33961 permanently enjoining the institution by any person or organization of any action or proceeding raising any issue adjudicated or which could be adjudicated in the subject proceeding. The plaintiffs in the five separate actions which were consolidated (§ 33958) vñth the agency’s special proceeding (hereinafter sometimes called “objectors”) are property owners within the project area and taxpayers of the City of Los Angeles, and suing as such. The defendants in the five actions are the agency, the City of Los Angeles (hereinafter called the city), and in certain cases the city council of the city and the city treasurer. The complaints in the five actions are for declaratory relief, for injunction, for writ of mandate or certiorari, or for judicial review pursuant to section 33746. The actions attack the proceedings of the agency, the city, and the council leading up to the adoption and the adoption of the ordinance approving the final redevelopment plan. The plaintiffs in the actions, as respondents in the agency proceeding, filed answers in the proceeding setting up defensively the same matters alleged in their several complaints. As will appear, we have concluded that the trial court correctly determined that the redevelopment plan should be upheld, and that the judgments to that effect should be affirmed, with the exception of the award of costs against certain objectors. The chronology of the Bunker Hill Project proceedings is in pertinent part as follows: April 15, 1948. Pursuant to section 33201 the council adopted a resolution declaring a need for a redevelopment agency in the City of Los Angeles and thereafter the mayor appointed five members of the agency. September 27, 1951. The council adopted a resolution authorizing the agency or the Los Angeles City Planning Commission (hereinafter called the planning commission) to designate redevelopment areas. (§§ 33480, 33481.) October 31, 1951. The agency adopted a resolution designating 15 areas within the City of Los Angeles as blighted and requiring study to determine if redevelopment projects within such districts were feasible. The property embraced within the subject Bunker Hill project is a portion of Central Redevelopment Area 1. At the time of the designation of Central Redevelopment Area 1 as a redevelopment area there existed, as required by sections 33451 and 33452, a city planning commission and a master community plan which had been adopted by the planning commission, and which plan included the specifications detailed in section 33452. August 11, 1955. The planning commission selected the area for the Bunker Hill project and formulated a preliminary plan therefor consisting of a preliminary report and a preliminary plan map. (§ 33500.) The project area is delineated by the following sketch. FOB ILLUSTRATIVE PURPOSES ONLY BUNKER HILL URBAN RENEWAL PROJECT August 15, 1955. The planning commission submitted such preliminary plan to the agency and the agency thereafter, with the cooperation of the planning commission, formulated and prepared a tentative plan which was approved by the planning commission on March 26, 1956. (§ 33502.) March 21, 1956. Pursuant to sections 33530, 33534, and 33535 (see Stats. 1951, pp. 1934-1935), the agency conducted a public hearing on the tentative plan after publication of notice thereof pursuant to section 33531 and mailing of notice thereof pursuant to section 33533. At the hearing opportunity was given to all interested persons and public and private agencies to be heard and to submit alternative redevelopment plans for the project area. June 15, 1956. The agency submitted the tentative plan to the council together with the agency’s report thereon in accordance with section 33560. July 10, 1956, through September 6, 1956. Pursuant to sections 33562 through 33567, the council conducted a hearing on the adoption of the tentative plan after fixing the date thereof and causing notice to be published as required by section 33563. At such hearing the council considered the report of the agency and the recommendation and report of the planning commission, considered the alternative redevelopment plan submitted to the council, provided an opportunity for all interested persons and agencies to be heard, received evidence and communications presented with respect to the tentative plan and alternative plan and submitted the alternative plan and suggested modifications of the tentative plan to the agency and to the planning commission for recommendations and reports, which recommendations and reports were submitted to the council within 30 days thereafter. November 7, 1956. The council adopted Ordinance No. 108424, approving the tentative plan. The ordinance included the matters enumerated by section 33571, among which were specifications of the "extent and character of blight. ’ ’ Thereafter, pursuant to section 33573 the council caused to be filed with the county recorder a description of the land within the project area and a statement that proceedings for redevelopment of the area had been commenced under the Community Redevelopment Law. At all times following adoption of the tentative plan, pursuant to section 33574 all applicants for building permits within the project area have been advised by the building and safety department of the city that such sites were within a proposed redevelopment area. May 7, 1958. Pursuant to sections 33700 through 33710, .the agency, with the cooperation of the planning commission, formulated and adopted a redevelopment plan (hereinafter referred to as the final plan) for the project area. Furthermore, pursuant to section 33701, and prior to the adoption of the final plan, the agency adopted and made available for public inspection rules implementing the provisions for owner participation as provided in the final plan. May 8, 1958. Obedient to section 33704, the final plan was submitted to the planning commission for its report and recommendation. On May 15, 1958, the planning commission considered and approved the final plan and determined that it conformed to the adopted master community plan and on May 16, 1958, the planning commission made and filed with the agency its report and recommendation that the final plan be approved. May 21, 1958. The agency submitted the final plan together with the report and recommendation of the planning commission to the council. The council fixed a time and place for public hearing on the proposed adoption of the final plan and caused notice thereof to be published, pursuant to section 33730. (Stats. 1957, eh. 1696, p. 3069.) June 24, 1958, through January 8, 1959. As directed by sections 33730 through 33741, the council conducted a public hearing on the final plan on various dates, at which hearing the council considered the final plan, all alternative plans submitted, and all evidence and testimony for and against the adoption of the final plan and the alternative plans. March 31, 1959. The council adopted ordinance No. 113.231 in form and substance as required by law, approving and adopting the final plan as the official redevelopment plan for the project area. October 6, 1959. The agency adopted its resolution No. 193 authorizing the issuance of bonds of an aggregate face value of not to exceed $20,000,000 the principal and interest of which are to be payable from funds which include taxes allocated to the agency pursuant to sections 33950 through 33954. May 25, 1959 - July 25, 1961. The subject actions and the agency’s special proceeding (the latter was filed December 28, 1959) were brought, trial was had, findings of fact and conclusions of law were filed, and judgments were entered in favor of the agency and (as appropriate) its codefendants. These appeals by most of the losing parties followed. The judgment in the agency’s special proceeding decrees in substance that the agency is lawfully established and entitled to transact business and exercise its powers pursuant to the redevelopment law; that all acts and proceedings theretofore taken by the agency, city planning commission and city council in the designation of Central Redevelopment Area No. 1, the designation of the Bunker Hill project area, the formulation and adoption of the preliminary plan, the formulation and adoption of the tentative plan, and the formulation and adoption of the final redevelopment plan were legal and valid; that the final plan as adopted by the city council on March 31, 1959, by ordinance No. 113,231, is legal, valid and effective in all respects; that the agency has lawful authority to issue bonds pursuant to the provisions of the final plan; that all acts and proceedings already taken and those proposed to be taken thereafter (as provided in the agency resolution) for the authorization, issuance, sale and delivery of the bonds and for the payment of the principal thereof and the interest thereon were and are legal and valid in all respects; that the bonds when duly issued as provided in agency resolution 193 will be valid in all respects; enjoined the institution by any person of any action or proceeding raising any issue or matter adjudicated therein or which could have been adjudicated therein; and awarded the agency its costs of suit. Various contentions are presented by the objectors in their challenges, on this appeal, to the proceedings below. We consider such contentions severally under the following 11 main divisions. 1. Scope of Review The trial court in its memorandum of decision declared the premise that in reviewing proceedings had under the Community Redevelopment Law the decisions of the agency and the council “as to matters of opinion and policy” will not be set aside by the courts unless there is no reasonable justification for their actions. In determining whether or not such justification existed in the matter at bench the court reviewed the evidence upon which the agency and the council acted, and determined that the decisions and actions of those bodies were supported by substantial evidence; the court, however, declined to exercise its independent judgment upon such evidence, i.e., to reweigh it. The court also received additional evidence in the hearings before it “in order to determine the existence or non-existence of reasonable justification for such acts of the agency and the council and as to whether there was an abuse of discretion, fraud, collusion or bad faith. ’' In Babcock v. Community Redevelopment Agency (1957) 148 Cal.App.2d 38 [306 P.2d 513], an earlier proceeding brought by one of the present objectors to enjoin the agency from proceeding with the Bunker Hill redevelopment, it was held (p. 49 [3]), “The agency and the legislative body (city council) have authority to designate redevelopment areas, and a court is not empowered to substitute its determination for the determination of the agency or the legislative body in the absence of abuse of discretion, fraud, collusion, or bad faith on the part of the agency or the legislative body.” At the time of the Babcock decision section 33746 provided so far as here material that “Any action to contest the validity of the proceedings for the adoption of a redevelopment plan is barred upon the expiration of ... 30 days [after a specified cutoff date]. In any action commenced after the expiration of the 30-day period, except as to matters affecting jurisdiction, the validity of the proceedings is conclusively presumed. ” Thereafter section 33746 was amended in 1957 (prior to adoption of the final plan herein) to provide in pertinent part that ‘ ‘ The findings and determinations of an agency and of a legislative body or of either of them, in the adoption and approval of any redevelopment plan ... may be judicially reviewed by a court of competent jurisdiction.” (Stats. 1957, ch. 1696.) Objectors Babcock and Swigart, who seek review by mandamus, urge that the intent of the 1957 amendment to section 33746 was to modify the rule of the Babcock case and to provide for a broader type of judicial review; i.e., for review under section 1094.5 of the Code of Civil Procedure, and, more particularly, for the exercise by the trial court of its independent judgment on the evidence, especially the evidence with respect to blight. This argument is not persuasive. The mere addition by the 1957 amendment of the express declaration in section 33746 that “The findings and determinations ... may be judicially reviewed ...” appears insufficient to abrogate the established rule that on review by mandamus of the discretion vested in a local administrative board, the court will not exercise an independent judgment on the evidence, but will limit its review to determining whether there was substantial evidence before the board to support the latter’s decision. (See Albonico v. Madera Irr. Dist. (1960) 53 Cal.2d 735,739 [2] [3 Cal.Rptr. 343,350 P.2d 95], and cases there cited.) This rule, of course, applies also to state agencies whose jurisdiction is limited, rather than statewide (see Keenan v. San Francisco Unified School Dist. (1950) 34 Cal.2d 708,714-715 [6] [214 P.2d 382]); thus, terming the city council a state agency or an administrative arm of the state when acting in redevelopment matters (see Andrews v. City of San Bernardino (1959) 175 Cal.App.2d 459, 462 [2a] [346 P.2d 457]; Fellom v. Redevelopment Agency (1958) 157 Cal.App.2d 243, 247-248 [3] [320 P.2d 884]) lends no comfort to the position of objectors here, as its jurisdiction is local only. (See § 33278.) Code of Civil Procedure section 1094.5 deals with review by mandamus of (subd. (a)) the “findings” and “the determination of facts” of administrative bodies both in cases where (subd. (c)) “the court is authorized by law to exercise its independent judgment on the evidence” (i.e., where the administrative body is statewide, see Temescal Water Co. v. Department of Public Works (1955) 44 Cal.2d 90,105 [9] [290 P.2d 1] ; 2 Cal.Jur.2d, Adm. Law, § 220, p. 363; §§ 230, 231, pp. 383-386, and cases there cited), and in “all other cases.” There is nothing in the language of section 33746 specifying that "The findings and determinations .. . may be judicially reviewed ...” which indicates a legislative intent that the court shall apply the statewide agency rule and exercise its independent judgment on the evidence, rather than follow the substantial evidence rule which governs in other eases. Thus, it becomes immaterial whether the actions of the agency and of the city council in adoption of the Bunker Hill project be termed “legislative” (see Hunter v. Adams (1960) 180 Cal.App.2d 511, 517, 519 [5a] [4 Cal.Rptr. 776]), or “administrative” (see Andrews v. City of San Bernardino (1959) supra, 175 Cal.App.2d 459, 461); in either event the trial court was correct in its refusal to reweigh the evidence and in confining itself to determining whether the findings and determinations of the inferior bodies were supported by substantial evidence. (See also Pitts v. Perluss (1962) 58 Cal.2d 824, 833 [1] [27 Cal.Rptr. 19,377 P.2d 83].) Objectors Babcock and Swigart urge further, however, that if the agency is successful in this case, then “in their condemnation action they will plead this validation case as a conclusive determination of the public use. ” The confirmation (or validation) act (§§ 33955 through 33961) pursuant to which the agency brought its subject special proceeding was enacted in 1959. Section 33955 thereof provided : “An agency which proposes to issue and sell bonds to finance or refinance, in whole or in part, a redevelopment ... project ... may, at any time after the effective date of the ordinance approving such plan and after the adoption of a resolution authorizing the issuance of bonds, bring a special proceeding in the superior court ... to determine its authority to issue such bonds, the validity of said bonds, and the validity of such redevelopment or renewal plan, including, without limiting the generality of the foregoing, the legality and validity of all proceedings theretofore taken for or in any way connected with the establishment of the agency, its authority to transact business and exercise its powers, the designation of the redevelopment ... area, the designation of the project area, the formulation of the preliminary plan, and the adoption of the redevelopment ... plan, and also including the legality and validity of the redevelopment ... plan finally adopted and the legality and validity of all proceedings theretofore taken, and (as provided in said resolution) proposed to be taken, for the authorization, issuance, sale and delivery of said bonds and for the payment of the principal thereof and interest thereon.” (Stats. 1959, ch. 1542, §1, p. 3868.) Objectors urge that if the Bunker Hill project area- is not blighted there is no public use; that the determination by the city council of blight is a determination of public use, a judicial rather than legislative question (see City & County of San Francisco v. Ross (1955) 44 Cal.2d 52, 57-59 [3-9] [279 P.2d 529]); and that objectors should not be foreclosed from challenging such determination. It appears to be accepted law, however, that redevelopment of blighted areas is a public use. (See Redevelopment Agency v. Hayes (1954) 122 Cal.App.2d 777,789-790 [4], 802-804 [11-12] [266 P.2d 105].) Moreover, objectors are being accorded a judicial determination on the issue of blight through the substantial evidence review made in the subject proceeding by the trial court, and which is now before us on appeal. As is apparent from what has been said hereinabove, judicial determination does not, of course, inevitably mean that the courts will reweigh the evidence on which findings of an inferior tribunal or body are based. In In re Central Irrigation Dist. (1897) 117 Cal. 382 [49 P. 354], cited by objector Babcock, the court simply applied the law to undisputed facts, and did not reweigh or exercise an independent judgment upon disputed evidence or upon matters of opinion or policy, as objectors would have the court do here. That case lends no support to objectors’ position. The trial court was correct in its refusal to exercise its independent judgment on the evidence upon which the agency and the city council acted. 2. Mb. Sesnon's Eligibility as Agency Membeb Following adoption by the city council in 1948 of the resolution declaring the need for a redevelopment agency (§ 33201), the mayor undertook to appoint “five resident electors of the community as members of the agency” (§ 33230), and in November 1948 the council approved the appointments. Mr. William T. Sesnon, Jr., who was one of those so appointed, continued to be a member of the agency at all times here involved. The adoption by the agency of the tentative plan in June 1956, and of the owner-participation rules and the final plan in May 1958, was in each ease by three members of the agency, including Mr. Sesnon. Objector Babcock contends that at such times Mr. Sesnon was a resident elector of the City of Beverly Hills, California, and not of the City of Los Angeles, and therefore not qualified to act as agency member, and that because his presenee was necessary “to constitute a quorum, no quorum was present and the purported actions so taken by the Agency were and are invalid. ” The trial court, citing sections 20 and 21 of the Elections Code and referring to evidence that for some time prior to July 28, 1948, Mr. Sesnon was a registered voter of Beverly Hills and on that date executed a new affidavit of registration giving a residence address in the City of Los Angeles, expressed the view that “Were this a direct attack by quo warranto as to his position as an Agency member or a challenge to him as a voter, considerable doubt would exist as to his status as an ‘elector’ of the City of Los Angeles.” However, concluded the court, Mr. Sesnon’s status as an “elector” cannot be thus collaterally attacked in this proceeding and, in any event, he was a de facto member of the agency and thus the requisite quorum was present and voted on the matters in issue. In this the court was correct. The de facto doctrine in sustaining official acts is well established. Present a de jure office, “Persons claiming to be public officers while in possession of an office, ostensibly exercising their functions lawfully and with the acquiescence of the public, are de facto officers. . . . The lawful acts of an officer de facto, so far as the rights of third persons are concerned, are, if done within the scope and by the apparent authority of office, as valid and binding as if he were the officer legally elected and qualified for the office and in full possession of it.” (Town of Susanville v. Long (1904) 144 Cal. 362, 365 [77 P. 987]; see also Oakland Paving Co. v. Donovan (1912) 19 Cal.App. 488,494-496 [126 P. 388]; Clark v. City of Manhattan Beach (1917) 175 Cal. 637, 639 [166 P. 806, 1 A.L.R. 1532].) The facts as to existence of a de jure office of member of a redevelopment agency (see § 33200), that Mr. Sesnon acted publicly as such member under color of an appointment, and that it was generally assumed and accepted that he was a member of the agency were found by the trial court to be unassailable and meet no challenge on appeal. Hence, so far as this proceeding is concerned, Mr. Sesnon’s acts are to be considered valid. It is likewise established that the right of a de facto officer to an office cannot be collaterally attacked. (Oakland Paving Co. v. Donovan (1912) supra, at p. 496; Town of Susanville v. Long (1904) supra, at p. 365.) A right to hold office may not be collaterally attacked by a challenge to the official acts performed by the person holding such office. (Matter of Danford (1910) 157 Cal. 425,431 [108 P.322].) The objectors’ challenge in this proceeding is to the acts performed by Mr. Sesnon and not to his office and hence such challenge is collateral. 3. Sufficiency of Publication of Notice of Agency Hearing on Tentative Plan Section 33530, as effective in 1956, provided that “Before submitting the tentative plan to the legislative body the agency shall conduct a public hearing on it.” Section 33531 stated that “The agency shall publish notice of the hearing not less than once a week for four successive weeks prior to the hearing. ...” Here the notice of such hearing was published February 28, 1956, March 6, 1956, March 13, 1956, and March 20, 1956, and the hearing was held by the agency on March 21, 1956. At that time section 6064 of the Government Code, found in the article having to do generally with manner of publication, provided that “Publication of notice pursuant to this section shall be once a week for four successive weeks. Four publications, whether in a daily or weekly newspaper, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourth week thereafter.” (Stats. 1949, ch. 1587.) Objector Trautwein argues that since the agency hearing on the tentative plan was held prior to expiration of the period of published notice as specified by section 6064 of the Government Code, a procedural deficiency thereby occurred which was jurisdictional and violated the requirements of due process, thus rendering subsequent proceedings on the entire Bunker Hill project fatally defective. The particular “jurisdictional” prejudice which objector asserts is that he was denied “an opportunity to file an alternate plan by reason of the failure of the Agency to comply with the statute. ’ ’ (See §§ 33534, 33535.) This contention is not substantiated. In the first place, section 33533 (Health and Safety Code) provided for mailing of copy of notice of the hearing “to the last known assessee of each parcel of land within the area designated in the tentative plan, at his last known address. ...” and no complaint is made of the manner in which this requirement was fulfilled or that any property owner failed to receive the mailed notice. In the second place, after the agency’s hearing the city council also held a hearing on the tentative plan, following notice of which no complaint is here made. (§§ 33562-33565.) Section 33566 provided that “At any time prior to the adoption of a tentative plan by the legislative body, any qualified person . . . may present to the legislative body an alternative plan for the project area,” and section 33567 specified that “Any alternative plan ... submitted to the legislative body which has not already been considered and reported on by the agency ... shall be referred to them for consideration and report. The agency shall report to the legislative body and make its recommendations on the alternative plan within 30 days. ... The hearing on a tentative plan may be postponed or continued from time to time to allow time for the agency ... to make such report. ’ ’ Thus, although objector Trautwein has not shown that he had an alternate plan, no reason appears why, if he did have one, he did not present it to the city council at the time that body held a hearing on the tentative plan. • Moreover, it does not appear that any objection was raised at the agency hearing on the tentative plan on the ground that the publication of notice was defective; nor does it appear that the issue was raised at the hearing before the council on either the tentative or the final plan. No prejudice is shown. Further, section 33959 of the confirmation act, pursuant to which the agency brought the subject special proceeding, directed that in such a proceeding “the court shall disregard any error, irregularity or omission which did not affect the substantial rights of the parties.” (Stats. 1959, eh. 1542, p. 3870.) As held by the trial court, this provision is in the nature of a curative clause, and it is established that unless there is an absence of due process the Legislature, with respect to the minutiae of the number of publications, “might omit them altogether without affecting the validity of the proceeding, [and] so also it may provide that defects or failures to comply shall not be fatal.” (Ells v. Board of Supervisors (1918) 38 Cal.App. 480, 484 [176 P. 709].) And as declared in Chase v. Trout (1905) 146 Cal. 350, 359 [80 P. 81], “A curative statute or clause may preclude all investigation except ‘the single inquiry whether, in the case presented, the effect of applying the statute is to deprive the party of his property without due process of law.’ ” (See also Miller v. McKenna (1944) 23 Cal.2d 774, 781-782 [5] [147 P.2d 531]; Redevelopment Agency v. Modell (1960) 177 Cal.App.2d 321,325-326 [4] [2 Cal.Rptr. 245]; Rock Creek W. Dist. v. County of Calaveras (1955) 133 Cal.App.2d 141,146 [3] [283 P.2d 740].) No such deprivation of due process has occurred in the respect here considered, 4. Blight In addition to the council’s findings as set forth in the footnote (fn. 2, ante), the condition of area blight was further established at the hearing on the final plan. A health department survey of December 1955 disclosed the following percentages in living conditions: extremely substandard 39.62 per cent, substandard 22.22 per cent, poor 19.92 per cent, and acceptable 18.24 per cent. A building and safety department survey of April 1957 discloses the following percentages in building conditions: dangerous (239 out of 395) 60 per cent, substandard 16 per cent, and standard 24 per cent. The area crime rate was testified to be double the city average and the arrest rate within the project area more than eight times the city average. There was testimony that the fire rate per acre was nearly nine times the city average and that the per acre cost of fire control for inspection was nearly eight times the city average. It was established that for the year 1957, the city tax revenue from the project artea amounted to $106,120 and that the estimated cost to the city for fire, police and health services rendered to the project area was $754,101. In the light of all the described conditions the trial court concluded that there was a reasonable basis for the finding and determination by the city council that the project area is blighted within the meaning of the Community Redevelopment Law. Objector Babcock, whose property is at the southwest corner of Second Street and Grand Avenue, refers to “Extension of the Civic Center west of Hill Street, land acquisition and demolition of old structures by the County of Los Angeles between 1st and 2nd Streets, Broadway and Grand Avenue and construction of the Music Center nearby,” and to testimony by one witness that “by reason of the Civic Center improvements north of First St., that it would be reasonable to expect certain areas south of First Street to be developed, within a block to three blocks of the courthouse. ’ ’ It is urged that given time, redevelopment of the project area would take place “without public intervention,” and that therefore the finding of blight is unwarranted and unsupported. Such speculative argument cannot prevail, particularly at this stage of the proceedings, as against the existing conditions with which the agency, the city council, and the courts were (and are) obliged to deal. 5. Area South op Fourth Street Prior to adoption of the tentative plan, an alternative plan for the project was filed with the agency (see § 33566) on behalf of objector Briggs Apartment Hotel Company (hereinafter called Briggs), which sought to eliminate from the project area that part thereof lying south of Fourth Street. Although this alternative plan was urged by Briggs at the public hearing before the city council on the tentative plan and again at that on the final plan, the council rejected it on both occasions. It is contended that failure of the council to adopt the alternative plan eliminating that portion of the project area lying south of Fourth Street constituted an abuse of discretion in that such portion is not a blighted area within the meaning of the Community Redevelopment Law nor is it necessary for the effective redevelopment of the entire project area. (§ 33004.) This contention presents an issue which appears to have been closely balanced at the administrative level but the resolution of which cannot (upon the record and in the light of established law) be reversed or vacated by this court. However, it merits discussion. As pointed out by the trial court (see also the area sketch, ante), the southern boundary of the project area at the westerly end begins at the intersection of the Harbor Freeway and Fifth Street and progresses easterly along Fifth Street to a point midway between Flower and Hope Streets and then jogs in an uneven line approximately midway between Fourth and Fifth Streets to Olive Street, thus eliminating several large and modern buildings on the north side of Fifth Street such as the Sunkist Building, the Edison Building, the Biltmore Garage, and the Pacific Telephone and Telegraph Company Buildings. The project area line then turns north on Olive to Fourth Street and thence easterly to Hill Street, thus excluding all the buildings within the block bounded by Fourth, Fifth, Hill and Olive Streets which block is substantially developed with multistory buildings. That part of the project area lying south of Fourth Street comprises portions of five city blocks aggregating 23.17 acres and constitutes approximately 17 per cent of the entire project area. Briggs, the owner of the Barbara Worth Apartments, 407 South Hope Street, a cement and stucco apartment house of 57 units with private bath and not substandard, urges that the Fourth Street viaduct and cut has created a natural barrier separating the territory south thereof from the main Bunker Hill area and that by reason of changes within the project area south of Fourth Street before the adoption of the final plan, such territory is not blighted within the Community Redevelopment Law so as to be properly includable in a redevelopment project. Prior to 1954 there were approximately 40 major buildings in the project area lying south of Fourth Street, 15 of which were devoted to basically residential use, 14 of which were utilized for essentially commercial pursuits, 10 of which housed mixed residential and commercial uses, and one of which was occupied for public use. At the time of the adoption of the final plan, there were approximately 17 major buildings in the area, of which 9 were devoted primarily to residential or mixed use and 8 to commercial or public use. The Pacific Telephone and Telegraph Company instituted an eminent domain proceeding to condemn and acquire property within the project area south of Fourth Street, fronting on Grand Avenue, and has expressed its intention to construct a building thereon; Pacific Mutual Life Insurance Company has acquired property within the project area south of Fourth Street, and has expressed its intention to construct a building thereon; and Greater Los Angeles Plans, Inc., a nonprofit corporation, and Pacific Electric Railway Company each own property within the project area south of Fourth Street between Hope Street and the Harbor Freeway. It appears that the Fourth Street cut caused the removal of approximately nine buildings and the land acquisition by Pacific Telephone and Telegraph Company and Pacific Mutual Life Insurance Company caused the removal of three residential buildings and that the others eliminated since 1954, mainly on Figueroa and Flower Streets, were removed by reason of obsolescence. As of 1959, the land uses in the challenged area were 84.4 per cent open and unimproved; 8.66 per cent commercial and hotel and 8.94 per cent apartment and residential income. To offset any implication of “widely scattered ownership” (§ 33013), it was established that in 1959 the combined land assemblage represented by ownership by Pacific Electric Railway Company, B.F. Coulter Company, Greater Los Angeles Plans, Pacific Mutual Life Insurance Company, and Pacific Telephone and Telegraph Company accounted for 66.6 per cent of the land within the challenged area. Briggs urges with merit that the characteristics of blight set forth in section 33041 are not likely to exist in an area having a land use such as the challenged area in 1959. It further urges with merit that the element of scattered ownership does not exist in the challenged area. It urges that, if the alternative use of the westerly portion of the challenged area be for parking as shown on the proposed land use diagram of the final plan, most of that portion is now being used for such purpose hence it cannot be considered as stagnant or unproductive. It was the opinion of two experienced real estate appraisers that the property within the challenged area if removed from the threat of condemnation would develop with private capital similarly to property south of Fifth Street. In short, Briggs contends that whereas the project boundary “made sense” in 1950, it did not in 1959 when the council adopted the final plan, and that reasonable minds cannot differ as to the boundary under conditions in 1959. The agency answers these contentions as follows: (1) Although some of the elements of blight may have been removed, the challenged area is still blighted within the Community Redevelopment Law, (2) an elimination of the challenged area would prevent a realignment of Flower Street which is an integral part of the redevelopment plan, (3) the topography of the challenged area particularly at Hope Street and Grand Avenue would lead to an island of blight between Fourth and Fifth Streets, (4) the challenged area is includable in any event under section 33004 (now § 33321), and (5) the court may not substitute its judgment as to the wisdom of including the challenged area if there is any reasonable justification for the action of the legislative body. We may recognize, as did the trial court, that unquestionably some of the elements or manifestations of blight as set forth in section 33041 have been eliminated by the demolition of a number of residential buildings south of Fourth Street between 1954 and 1959. Also, the recent acquisitions of properties by the Pacific Mutual Life Insurance Company and Pacific Telephone and Telegraph Company have removed those properties from a “stagnant and unproductive condition.” (§ 33044.) On the other hand, from a general comparison of the area between Flower Street and the Freeway from Fourth to Fifth and the like area from Fifth to Sixth Streets, a conclusion can reasonably be drawn that the territory west of Flower between Fourth and Fifth Streets is generally stagnant and is more closely allied to the stagnant condition of properties north of Fourth Street than it is tQ the development of properties south of Fifth Street. In this connection the trial court found that although the Fourth Street cut has physically severed the southern part of the project area at Hope Street and Grand Avenue, the challenged area south of Fourth Street is clearly integrated topographically with the area north of Fourth Street and this furnishes an additional reason for its inclusion in the redevelopment project. Section 33004 (now § 33321) provides: “A redevelopment area need not be restricted to buildings, improvements, or lands which are detrimental or inimical to the public health, safety, or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include lands, buildings, or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part. ’ ’ Hence, even though the challenged area may not itself be blighted but its “inclusion is found necessary for the effective redevelopment of the area” of which it is a part, it is properly includable in the redevelopment project. The legislative body made such a determination and it cannot be said there is no reasonable basis for such determination even though it might appear that a redevelopment plan could be formulated without including the area south of Fourth Street. It would appear that there is a rather close analogy between zoning and redevelopment in the matter of boundary determination. The observation of this court in the case of Miller v. Board of Public Works (1925) 195 Cal. 477, 495 [18] [234 P. 381,38 A.L.R. 1479], is particularly apposite: “Somewhere the line of demarcation must be drawn, and it is primarily the province of the municipal body to which the zoning function is committed to draw that line of demarcation, and it is neither the province nor the duty of courts to interfere with the discretion with which such bodies are invested in the absence of a clear showing of an abuse of that discretion. In short, as previously indicated, we are not permitted to substitute our judgment for the legislative judgment. ’ ’ In Berman v. Parker (1954) 348 U.S. 26 [75 S.Ct. 98, 99 L.Ed. 27], in answer to a contention that a certain developed property within a redevelopment area did not contribute to tho blight and hence should not be included in the project area, the United States Supreme Court said at page 35 [99 L.Ed. 39]: “It is not for the courts to oversee the choice of the boundary line nor to sit in review on the size of a particular project area. Once the question of the public purpose has been decided, the amount and character of land to be taken for the project and the need for a particular tract to complete the integrated plan rests in the discretion of the legislative branch.” (See also Grubstein v. Urban Renewal Agency of City of Tampa (Fla. 1959) 115 So.2d 745, 748 [1,2]: “If the Project plan, as a whole, is valid, then the inclusion therein of sound structures or vacant land does not necessarily invalidate the Project. This is so because the purpose of the Urban Renewal Law is to transform an entire slum area into a wholesome section of the community; and to deny the City the right to include within the area certain houses or buildings in good condition would, in some instances, defeat the over-all purpose of the statute and the Project. ”) Contrary to the contentions of Briggs, the trial court found that all of the evidence received by the council did not show that the area south of Fourth Street did not require replanning and land assembly in the interests of the general welfare; it further found that the demolition of buildings south of Fourth Street has changed to some extent the geographical, economic and sociological conditions in that area; that such area has not become physically and economically disassociated from the rest of the project area; that all the evidence adduced at the public hearing on the final plan did not demonstrate that such area was not then stagnant and unproductive; and that the sole reason for the inclusion of that area was not to obtain the anticipated increase in tax revenue for the servicing of the agency bonds and financing the project. Briggs has ably presented an issue which was close at the administrative and trial court levels. But we cannot tenably hold that as a matter of law there was no reasonable basis for rejection by the council of the alternative plan urged by Briggs; neither can we say that the trial court’s relevant determination is unsupported. 6. Compliance of Final Plan With Section 33707 Section 33707 (see present § 33333) provided: “Every redevelopment plan shall show: "(a) The amount of open space to be provided and street layout. “(b) Limitations on type, size, height, number, and proposed use of buildings. “(c) The number of dwelling units. ‘ ‘ (d) The property to be devoted to public purposes and the nature of such purposes. “(e) Other covenants, conditions, and restrictions which the legislative body prescribes. ’ ’ The Swigart, Trautwein and Redwine actions each vigorously attack the final plan on the ground that it does not, for various reasons, comply with the provisions of section 33707. Their contentions may be summarized as follows: (1) The final plan does not set forth and there cannot be ascertained therefrom, the matters specified in subdivisions (a), (b), and (d) of section 33707; (2) The final plan vests power in the agency not contemplated by law; (3) The plan is not “final” for the reason that many of the material phases are stated to be “tentative” ; (4) The final plan is an unlawful restraint on alienation in reserving to the agency the uncontrolled power to invalidate reconveyances, leases and resubdivisions; (5) By reason of the foregoing lack of compliance with the Community Redevelopment Law, the final plan contains no standards to guide the discretion of the agency in executing the plan, thus constituting an unlawful delegation of power to the agency by the council. To place the contentions with respect to section 33707 in proper perspective, it must be understood that the matters referred to in that section are only a segment of the entire “redevelopment plan” or final plan, as it has been termed in this opinion. Other provisions to be made in the final plan include owner-participation (§ 33701), method of financing (§ 33706), acquisition of property (§ 33708), lease or sale of property (§ 33709), issuance of bonds (§ 33710), housing for displaced persons (§ 33738), and safeguards assuring redevelopment (§ 33741). It appears that a final plan under the Community Redevelopment Law does not require an architectural plan complete with engineers’ specifications; it contemplates, rather, a comprehensive method or scheme of action; a way proposed to carry out within the essential framework of the law a particular project of redevelopment. In our view Redevelopment Agency v. Hayes, (1954) supra, 122 Cal.App.2d 777, correctly sets forth the law relating to the delegation of power to a redevelopment agency when it adopts Belovsky v. Redevelopment Authority (1947) 357 Pa. 329 [54 A.2d 277, 283, 172 A.L.R. 953], and quotes therefrom at page 807 [20] as follows: " ‘The fact is, however, that the act contains as definite a description of what constitutes a blighted area as it is reasonably possible to express; in regard to such factors as the selection and the size of the areas to be redeveloped, the costs involved, and the exact form which the redevelopment in any particular case is to take, it was obviously impossible for the legislature to make detailed provisions or blueprints in advance for each operation. ... All that the legislature could do, therefore, was to prescribe general rules and reasonably definite standards, leaving to the local authorities the preparation of the plans and specifications best adapted to accomplish in each instance the desired result, a function which obviously can be performed only by administrative bodies. While the legislature cannot delegate the power to make a law, it may, where necessary, confer authority and discretion in connection with the execution of the law; it may establish primary standards and impose upon others the duty to carry out the declared legislative policy in accordance with the general provisions of the act.’ ” Although Hayes dealt with an agency power to determine blight, the principle announced appears equally applicable to the agency power to effectuate redevelopment. In another redevelopment ease, People ex rel. Adamowski v. Chicago Land Clearance Com. (1958) 14 Ill.2d 74 [150 N.E.2d 792, 796 [3, 4] ], the Supreme Court of Illinois, in considering a contention of unlawful delegation of authority, quoted from one of its own former decisions as follows: “ ‘The constitutional doctrine of separation of powers was not intended to confine the legislature to the alternatives of complete inaction or the imposition of rigidly inflexible laws which would distort rather than promote its objective. When it is necessary, the legislature may commit to others the responsibility for the accomplishment of the details of its expressed purpose. The scope of permissible delegation must be measured in terms of the complexity and diversity of the conditions which will be encountered in the enforcement of the statute. So it has been said almost from the outset that the legislature may authorize others to do things which it might properly, but cannot understandingly or advantageously, do itself.’ ” (See also Upham v. Supervisors of Sutter County (1857) 8 Cal. 378, 383-384.) It appears to us likewise that the scope of permissible delegation of power to the agency should “be measured in terms of the complexity and diversity of the conditions which will be encountered” in the performance of the final plan. The Legislature can be assumed to have recognized that a final plan must be enacted before the agency can commence acquisition of land and that thereafter the land must be resold to redevelopers for actual construction so that some appreciable interval of time must elapse between the evolution and formulation of the final plan by the agency, its adoption by the legislative body and its ultimate fulfillment by redevelopers. Obviously, some flexibility in the final plan so far as it relates to section 33707 is essential to avoid the necessity of constantly seeking amendment by the legislative body (see ante, fn. 4) each time that some unforeseeable exigency arises. Examples of such exigencies already existing in the particular project area are depicted in the record and noted by the trial court. During the planning stages it appeared that the land owned by Greater Los Angeles Plans near Fifth and Flower Streets might be developed as a music center. Apparently this will not occur. The three blocks bounded by First, Hope, Second and Hill Streets are presently owned by the County of Los Angeles and it appears that it had been contemplated to erect multistory parking on at least part of that area and that tunnels across First Street and columns in the middle of Grand Avenue were constructed in contemplation of such development. Thereafter it developed that the county seemingly intends to abandon the construction of such parking facilities. It cannot be seriously argued that a final plan must be a compilation of blueprints or working drawings, representing final engineering studies, primarily because the agency is not the one who does the building, The final plan is not required to be precise from an engineering standpoint but only as reasonably precise and detailed from a planning standpoint as may be expected in light of “the complexity and diversity of the conditions which will be encountered. ’ ’ Manifestly section 33707 is but one of numerous sections set up as directives to guide the agency in formulating the plan, all to the end of achieving the legislative objective. As an ultimate standard for testing the sufficiency of an agency-proposed plan, section 33731 (compare present § 33367) provides that “On the question of the adoption of any redevelopment plan, the legislative body shall determine: "(a) Whether the plan would redevelop the area in conformity with this part and in the interests of the public peace, health, safety, and welfare. "(b) Whether the adoption and carrying out of the redevelopment plan is economically sound and feasible.” (Stats. 1951, ch. 710, § 1, p. 1938.) Bach plan must come within the statutory standards and its adequacy necessarily must be gauged by relating its overall content to the particular project area and objectives, all in the light of the community, size, character and needs. In Holloway v. Purcell (1950) 35 Cal.2d 220 [217 P.2d 665], a statute authorized the Highway Commission to exercise its authority “on such terms and conditions as in its opinion will best subserve the public interest.” (P. 231 [12].) This court held that such requirement provided an adequate standard to guide the commission. (See also City & County of San Francisco v. Superior Court (1959) 53 Cal.2d 236, 250 [10] [1 Cal.Rptr. 158, 347 P.2d 294].) Section 33707 does not require that in a redevelopment plan there shall be any minimum percentage of open space or that there shall be any limitations on the type, size;' height, number or proposed uses of buildings or that there shall be dwelling units at all or any particular number or kind of dwelling units per unit of area, or that any of the project area must be devoted to public purposes. What section 33707 appears to say is that if the plan embraces any of the matters included in this section, they shall be shown in the plan. (See also § 33742.) The contention that the “amount of open spaces” cannot be ascertained is answered by reference to the map on page 3 of the final plan; to section H2d of the plan and to section H5 relating to land coverage. The “street layout” is likewise shown ón the map, page 3. (And see Health & Saf. Code, § 33735.) Limitations on the type, size, height, number and proposed use of buildings are ascertainable by reference to the map, page 3, and to section H2a-g and section H3a-f. The number of dwelling units “is tentatively 3100 with an additional 460 dwelling units" in case of alternative use of one block. Much stress is laid on the use of the word “tentative" in relation to various items of planning such as the street rights-of-way and easements, the proposed utilities, the proposed water system, the electric power and street lighting system, the gas and telephone systems, and the proposed grading. The use of the word “tentative" throughout the plan is in connection with and related to the schematic plans contained in the final plan, which schematic plans are of such a scale that it would be impossible to use such plans or maps for construction purposes. As concluded by the trial court, it would reasonably appear that what is meant is that the attached schematic plans show the approximate location, size, etc., of the various items referred to as “tentative." The inclusion of certain “alternative use" provisions in the final plan is attacked as rendering it uncertain and constituting an unlawful delegation of power to the agency. The inclusion of alternative uses does not give the agency carie blanche to determine the uses for which these areas are to be developed. Bach alternative is specific and definite. Any discretion vested in the agency is limited to accepting the proposals of redevelopers to develop the area pursuant to one of the alternatives which would best serve the public interest and carry out the Community Redevelopment Law and as such is a valid delegation of authority. Contention is further made that the plan provision section H8b reserving to the agency the right of approval of architectural plans is an unlawful reservation of power. Section 33272 provided that an agency may obligate a purchaser to comply with conditions which the agency deems necessary to carry out the purposes of the redevelopment. Assurance of “harmonious architectural congruity" seems not only to be a reasonable condition in a redevelopment project but a failure to reserve authority in this field conceivably could be subject to adverse criticism. Finally, as to compliance with section 33707, it is contended that the agency has reserved to itself “the uncontrolled power and right to invalidate any reconveyance, lease or resubdivision in the Project Area for a period of thirty years" and thereby imposed an unlawful restraint on alienation. But what the final plan actually declares (§ H8e2) is that all contracts committing the agency to convey land shall provide that “reconveyances, leases and resubdivisions shall require the prior written consent of the Agency.” Section 33741 required that the final plan contain adequate safeguards to insure that the redevelopment be carried out as planned and section 33709 specified that any lease or sale of land shall be conditioned on the redevelopment and use of the property in conformity with the plan. It does not appear that the plan provisions go beyond the law or constitute an unlawful reservation of power. 7. Owneb Pabticipation as Provided by Final Plan At the time of adoption of the tentative plan by the council in November 1956, section 33701 specified that “Every redevelopment plan shall provide for participation in the redevelopment of property in the project area by the owners of all or part of such property if the owners agree to participate in the redevelopment in conformity with the redevelopment plan adopted by the legislative body for the area. This section does not prohibit the owners from submitting an alternative plan pursuant to this part. ’ ’ Thereafter, effective in September 1957, the following paragraph was added to section 33701 (Stats. 1957, ch. 1696): “With respect to each redevelopment project, each agency shall, within a reasonable time after the adoption of the tentative plan and before the adoption of the final plan, adopt and make available for public inspection rules to implement the operation of this section in connection with the plan.” (See present §§ 33339; 33345; 33380.) As already related herein, on May 7, 1958, the agency adopted and made available for public inspection rules implementing the provisions for owner participation as provided in the final plan; on the same day the agency formulated and adopted a final redevelopment plan, which it thereafter submitted to the planning commission for report and recommendation; and subsequently this plan was presented to the council. Pertinent provisions respecting owner participation which are contained in the final plan and in owner-participation rules adopted by the agency are set forth in the footnote. Objectors attack the owner-participation provisions of the final plan and the owner-participation rules with various contentions that the statutory requirements as to permitting owner-participation have not been met, or that the rules and plan provisions are unfair and invalid. Certain of the contentions in this regard may be summarized as follows: The final plan does not comply with section 33701 of the Health and Safety Code because that section requires that redevelopment plans contain provisions allowing owner participation by any and all owners of property within the project area who desire to do so, and agree to redevelop their property in conformity with such plan. The final plan herein requires that prospective owner-participants qualify as being financially responsible and able to perform their owner-participation agreement with the agency. The plan further sets forth proposed uses for certain areas of the project which require the assembly of large plots of land. The requirement that the prospective owner-participant be financially responsible, when combined with the planning proposals requiring assembly of large plots of land, makes it impossible for many small property owners to participate. Therefore, it is argued, the final plan violates section 33701. That there is no absolute right of owner participation in the redevelopment of each separately owned parcel of land within the project area is apparent from the provisions of section 33701 itself in that it provides that as a condition thereof an owner desiring to participate must agree “to participate in the redevelopment in conformity with the redevelopment plan adopted by the legislative body for the area.” “Redevelopment,” as defined by section 33013 (see present § 33020), includes provision for “such residential, commercial, industrial, public, or other structures or spaces as may be appropriate or necessary in the interest of the general welfare.” Patently, the Community Redevelopment Law does not contemplate that every redevelopment plan shall be so designed as to accommodate a redevelopment of each separate parcel within the financial ability of the present owner. In Fellom v. Redevelopment Agency (1958) 157 Cal. App.2d 243, the court commented at page 250 [4] [320 P.2d 884]: “We have no doubt that the Legislature, in enacting the Community Redevelopment Law, hoped that redevelopment would be possible in areas such as the Diamond Heights Area with the participation and cooperation of the owners of the property within the ‘blighted’ area, but it is also apparent from a reading of all the sections and the entire law that there is provision for a method of redevelopment without participation by the owners of the land. For instance, the express power of eminent domain would negate the necessity of participation by the owners, if the agency in its exercise of its constitutional powers acts fairly and without discrimination. Even the language of section 33701, ‘Every redevelopment plan shall provide for participation in the redevelopment of property in the project area by the owners of all or part of such property .. .,’ contemplates that participation be not extended to all owners of the property. This, of course, imposes upon the agency a duty of reasonableness and good faith, if they wish to make participation available to part of the owners of the property embraced in the redevelopment project. ’ ’ Because the final plan necessitates assembly of large plots to carry ou