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R_~,Jp.9_.t~: The Agency and the District continue to disagre~ <br />over the issue of the conformity with the General Plan and the <br />use of a negative declaration to comply with CEQ.A. . <br />requirements, ,These'issues are discussed in detail m Sections <br />4 and 5 of this responSe. <br /> <br />"Failure to Provide Adequate Notice of the Public Hearin_~" <br /> <br />~).hj.~3J.~: The District states that the notice of joint public <br />hearing should have been published for four consecutive weeks <br />starting May 19, 1992 rather than four consecutive weeks <br />starting May 26, 1992. The District also states that the legal <br />description of the Project Area "should have been included in <br />the public hearing notice." <br /> <br />Resnonse: The Agency acknowledges that Section 33354.6 <br />generally states that the s. ame procedural requirements for <br />adopting new redevelopm.ent plans should be followed for <br />certain plan amendments including the proposed amendments <br />to the South Harbor Plan. The Agency, however, believes that <br />where the law provides more specific procedural requirements <br />for plan amendments, the legislature intended that the more <br />specific sections apply rather than the more general adoption <br />procedure. The Agency properly followed the notice <br />requirements of Section 33452 rather than Section 33361. <br />Article 12 of the Health and Safety Code, which includes <br />Section 33452, is entitled "Amendment of Redevelopment <br />Plans" and was specifically written to describe the processes <br />pertaining to plan amendments. The District consistently <br />relies on Health and Safety Code Section 33354.6 in its <br />determination that the proposed South Harbor <br />Redevelop.ment Plan Amendment requires precisely the same <br />plan adoption process as if it were an initial plan adopt!on, lit <br />should be noted that Section 33354.6 and all other sections <br />contained within Section 33353(1 through 7) through Section <br />33354.6 relate to the Fiscal Review Committee andits actions <br />and processes. In particular, this section states that in certain <br />plan amendments "the Agency shall follow the same <br />procedure, and the legislative bo. dy is subject to the sa.me <br />restrictions as provided for in th~s article for the adoption of a <br />plan" (underline added). This article refers to Article 4 of <br />Chapter 4 Of the Health and Safety Code (commencing with <br />Section 33330). It does not includ,e those elements of theplan <br />adoption process contained in Article 2 and 3 of Chapter 4of <br />the Health and Safety Code. The Agency believes that the <br />Legislature intended that the term "shall follow the same <br />pro.cedure" rela!es to the fiscal review procedure and that <br />,,Ar, t~cle 12 (Sections 33450 through 33458.5) entitled <br /> Amendment of Redevelopment Plans" is the section of the law <br />that was intended to address specific procedures pertaining to <br /> <br />14 <br /> <br /> <br />