Section 33445.5 Of Article 11. Property Disposition, Rehabilitation And Development From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 11.
33445.5
. (a) If the governing board of a school district finds that
conditions of overcrowding, as defined by subdivision (a) of Section
65973 of the Government Code, exist in one or more attendance areas
within the district that serve pupils who reside in housing, located
within or adjacent to a project area, and that the conditions of
overcrowding result from actions taken by the redevelopment agency in
implementing the redevelopment plan, the governing board may
transmit a written copy of those findings, together with supporting
information, materials, and documents, to the redevelopment agency.
The redevelopment agency shall conduct a public hearing within 45
days after receiving the findings to receive public testimony
identifying the effects of the redevelopment plan on the impacted
attendance area or areas and suggesting revisions to the plan as
adopted or amended by the legislative body that would alleviate or
eliminate the overcrowding in the attendance area or areas caused by
the implementation of the redevelopment plan. The redevelopment
agency shall send written notice of the public hearing to, and at the
hearing receive public testimony from, any affected taxing entity.
After receiving that testimony at the hearing, the agency shall
consider amendments of the plan necessary to alleviate or eliminate
that overcrowding and may recommend those amendments for adoption by
the legislative body.
(b) Section 33353 does not apply to an amendment of the plan
proposed pursuant to subdivision (a) when both of the following
occur:
(1) The amendment proposes only to add significant additional
capital improvement projects to alleviate or eliminate the
overcrowding in the attendance area or areas caused by the
implementation of the plan.
(2) The amendment will delete capital improvement projects that
are equivalent in financial impact on any affected taxing entity or
otherwise modify the plan in a way that the agency finds there will
be no additional financial impact or any affected taxing entity as a
result of the amendment.
(c) Any funds received by a school district from a redevelopment
agency to alleviate or eliminate the overcrowding in the attendance
area or areas caused by implementation of a redevelopment plan as the
result of a public hearing conducted pursuant to subdivision (a)
shall be used only for capital expenditures.
(d) The governing body of a school district shall not make the
findings permitted by subdivision (a) with respect to any project
area more than once.
(e) This section applies only to redevelopment plans adopted prior
to January 1, 1984.