Section 33451.5 Of Article 12. Amendment Of Redevelopment Plans From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 12.
33451.5
. (a) This section shall apply only to proposed plan
amendments that would do any of the following:
(1) Change the limitation on the number of dollars of taxes which
may be divided and allocated to the redevelopment agency.
(2) Change the limit on the amount of bonded indebtedness that can
be outstanding at one time.
(3) Change the time limit on the establishing of loans, advances,
and indebtedness to be paid with the proceeds of property taxes
received pursuant to Section 33670.
(4) Change the time limit on the effectiveness of the
redevelopment plan.
(5) Change the boundaries of the project area.
(6) Merge existing project areas.
(b) No later than 45 days prior to the public hearing on a
proposed plan amendment by an agency or the joint public hearing of
the agency and the legislative body, the agency shall notify the
Department of Finance and the Department of Housing and Community
Development by first-class mail of the public hearing, the date of
the public hearing, and the proposed amendment. This notice shall be
accompanied by the report required to be prepared pursuant to
subdivision (c).
(c) No later than 45 days prior to the public hearing on a
proposed plan amendment by the agency or the joint public hearing by
the agency and the legislative body, the agency shall prepare a
report that contains all of the following:
(1) A map of the project area that identifies the portion, if any,
of the project area that is no longer blighted, the portion of the
project area that is blighted, and the portion of the project area
that contains necessary and essential parcels for the elimination of
the remaining blight.
(2) A description of the remaining blight.
(3) A description of the projects or programs proposed to
eliminate any remaining blight.
(4) A description of how these projects or programs will improve
the conditions of blight.
(5) The reasons why the projects or programs cannot be completed
without the plan amendment.
(6) The proposed method of financing these programs or projects.
This description shall include the amount of tax increment revenues
that is projected to be generated as a result of the proposed plan
amendment, including amounts projected to be deposited into the Low
and Moderate Income Housing Fund and amounts to be paid to the
affecting taxing entities. This description shall also include
sources and amounts of moneys other than tax increment revenues that
are available to finance these projects or programs. This description
shall also include the reasons that the remaining blight cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without the use of the
tax increment revenues available to the agency because of the
proposed amendment.
(7) An amendment to the agency's implementation plan that
includes, but is not limited to, the agency's housing
responsibilities pursuant to Section 33490. However, the agency shall
not be required to hold a separate public hearing on the
implementation plan pursuant to subdivision (d) of Section 33490 in
addition to the public hearing on the amendment to the redevelopment
plan.
(8) A new neighborhood impact report if required by subdivision
(m) of Section 33352.
(d) Upon receiving the report, the Department of Finance shall
prepare an estimate of how the proposed plan amendment will affect
the General Fund. The Department of Finance shall determine whether
the amendment will affect the need for school facilities.
(e) Within 21 days of the receipt of the report, the Department of
Finance or the Department of Housing and Community Development may
send any comments regarding the proposed plan amendment in writing to
the agency and the legislative body. The agency and the legislative
body shall consider these comments, if any, at the public hearing on
the proposed plan amendment. If these comments are not available
within the prescribed time limit, the agency and the legislative body
may proceed without them.
(f) The Department of Finance or the Department of Housing and
Community Development may also send their comments regarding the
proposed plan amendment to the Attorney General for further action
pursuant to Chapter 5 (commencing with Section 33501).