2005 California Health and Safety Code Sections 33450-33458 Article 12. Amendment of Redevelopment Plans

33450.  If at any time after the adoption of a redevelopment plan
for a project area by the legislative body, it becomes necessary or
desirable to amend or modify such plan, the legislative body may by
ordinance amend such plan upon the recommendation of the agency.  The
agency recommendation to amend or modify a redevelopment plan may
include a change in the boundaries of the project area to add land to
or exclude land from the project area.  Except as otherwise provided
in Section 33378, the ordinance shall be subject to referendum as
prescribed by law for the ordinances of the legislative body.
33451.  Before recommending amendment of the plan the agency shall
hold a public hearing on the proposed amendment.
33452.  (a) Notice of the hearing shall be published pursuant to
Section 6063 of the Government Code prior to the date of hearing in a
newspaper of general circulation, printed and published in the
community, or, if there is none, in a newspaper selected by the
agency.  The notice of hearing shall include a legal description of
the boundaries of the project area by reference to the description
recorded with the county recorder pursuant to Section 33373 and of
the boundaries of the land proposed to be added to the project area,
if any, and a general statement of the purpose of the amendment.
   (b) Copies of the notices published pursuant to this section shall
be mailed by first-class mail, to the last known assessee of each
parcel of land not owned by the agency within the boundaries referred
to in subdivision (a), at his or her last known address as shown on
the last equalized assessment roll of the county; or where a city
assesses, levies, and collects its own taxes, as shown on the last
equalized assessment roll of the city; or to the owner of each parcel
of land within these boundaries as the ownership is shown on the
records of the county recorder 30 days prior to the date the notice
is published, and to persons, firms, or corporations which have
acquired property within these boundaries from the agency, at his or
her last known address as shown by the records of the agency.
   (c) (1) Copies of the notice published pursuant to this section
shall be mailed, by first-class mail, to all residents and businesses
within the project area designated in the redevelopment plan as
proposed to be amended at least 30 days prior to the hearing.
   (2) The mailed notice requirement of this subdivision shall only
apply when mailing addresses to all individuals and businesses, or to
all occupants, are obtained by the agency at a reasonable cost.  The
notice may be addresses to "occupant."  If the agency acted in good
faith to comply with the notice requirements of this subdivision, the
failure of the agency to provide the required notice to residents or
businesses unknown to the agency or whose addresses cannot be
obtained at a reasonable cost, shall not, in and of itself,
invalidate an amendment to a redevelopment plan.
   (d) Copies of the notices published pursuant to this section shall
also be mailed to the governing body of each of the taxing agencies
that levies taxes upon any property in the project area designated in
the redevelopment plan as proposed to be amended.  Notices sent
pursuant to this subdivision shall be mailed by certified mail with
return receipt requested.
33453.  If after the public hearings the agency recommends
substantial changes in the plan which affect the general plan adopted
by the planning commission or the legislative body, such changes
shall be submitted to the planning commission for its report and
recommendation to the legislative body within 30 days after such
submission.  If the planning commission does not report upon the
changes within 30 days after its submission by the agency, the
planning commission shall be deemed to have waived its report and
recommendations concerning such changes.
33454.  After receiving the recommendation of the agency concerning
such changes in the plan, and not sooner than 30 days after the
submission of changes to the planning commission, the legislative
body shall hold a public hearing on the proposed amendment, notice of
which hearing shall be published in a newspaper in the manner and at
the times designated above for notice of hearing by the agency.
33455.  After receiving the recommendation of the agency concerning
such changes in the plan, the legislative body upon further
recommendation by the agency, without additional agency public
hearing, may make further changes, including changes in area or
boundaries to exclude land from the project area, for consideration
at the public hearing.  If such changes are substantial changes in
the plan which affect the master or community plan adopted by the
planning commission or the legislative body, such changes shall be
submitted to the planning commission for its report and
recommendation to the legislative body within 30 days after such
submission.  If the planning commission does not report upon the
changes within 30 days after its submission by the legislative body,
the planning commission shall be deemed to have waived its report and
recommendation concerning the changes.  If after the public hearing
the legislative body determines that the amendments in the plan,
proposed by the agency, or the further recommended changes by the
agency are necessary or desirable, the legislative body shall adopt
an ordinance amending the ordinance adopting the plans thus amended.
The legislative body shall consider any proposed changes at a public
hearing reopened for that limited purpose.
33456.  Amendments to a plan adopted pursuant to this article may be
recorded in compliance with Section 27295 of the Government Code as
promptly as practicable following adoption by the legislative body.
33457.  After the amendment of a redevelopment plan to add the
provision permitted by Section 33670, or to increase or reduce the
size of the project area, the clerk of the community shall transmit a
copy of the ordinance amending the plan, a description of the
annexed or detached land within the project area and a map or plat
indicating the amendments to the redevelopment plan, to the following
parties:
   (1) The auditor and assessor of the county in which the project is
located;
   (2) The officer or officers performing the functions of the
auditor or assessor for any taxing agencies which, in levying or
collecting taxes, do not use the county assessment roll or do not
collect taxes through the county;
   (3) The governing body of each of the taxing agencies which levies
taxes upon any property in the project area; and
   (4) The State Board of Equalization.
   Such documents shall be transmitted within 30 days following the
adoption of the amended redevelopment plan.  The legal effect of such
transmittal shall be as set forth in Section 33674.
33457.1.  To the extent warranted by a proposed amendment to a
redevelopment plan, (1) the ordinance adopting an amendment to a
redevelopment plan shall contain the findings required by Section
33367 and (2) the reports and information required by Section 33352
shall be prepared and made available to the public prior to the
hearing on such amendment.
33458.  As an alternative to the separate public hearing required by
Sections 33451 and 33454, the agency and the legislative body, with
the consent of both, may hold a joint public hearing on the proposed
amendment.  The presiding officer of the legislative body shall
preside over such joint public hearing.  Prior to such joint public
hearing, the agency shall submit the proposed changes to the planning
commission as provided in Section 33453.  Notice of the joint public
hearing shall conform to all requiriements of Section 33452.  The
joint public hearing shall thereafter proceed by the same
requirements as are provided in Sections 33450 and 33454 to 33455,
inclusive.
   When a joint public hearing is held where the legislative body is
also the agency, the legislative body may adopt the amended plan with
no actions necessary by the agency, even as to the recommendations
required of the agency by Sections 33454 and 33455.