1. (a) The Agency shall send a notice by certified mail to each preliminary applicant whose preliminary application contains an invalid area. The notice shall contain a description of the invalid area, and an explanation as to why the area is invalid. For the purposes of this section, “invalid area” means an application area, or portion thereof, that:

   1. (1) Is included within the application area of more than one preliminary or final application;
   2. (2) Is included in a designated program area under the provisions of the Employment and Economic Incentive Act, chapter 44, statutes of 1984; or
   3. (3) Is included within an area that has been designated as an enterprise zone by the Agency.

2. (b) The Agency shall permit a preliminary applicant whose preliminary application contains an invalid area an opportunity to submit an addendum to the preliminary application (“addendum”). The preliminary application shall state in the addendum whether or not the boundaries of the originally proposed application area have been changed.

   1. (1) If the boundaries of the originally proposed application area have been changed, the addendum shall contain:

      1. (A) A description of the new geographic boundaries of the application area; and
      2. (B) An amendment to any part of the preliminary application that is affected by the change in the application area.
   2. (2) If the originally proposed application area has not been changed, the addendum shall identify the reason why a change is not necessary.
3. (c) The addendum shall be signed by a majority of the members of each governing body with jurisdiction in the application area. The preliminary applicant shall submit the original of the addendum, together with six (6) copies thereof, to the Agency on or before the due date specified in subsection (d).

4. (d) Preliminary applicants shall submit the addendum to the Agency no later than fourteen (14) days after the notice of the invalid area is mailed by the Agency. The Agency shall reject, without review, any addendum submitted after the due date.

   1. (1) If, after the Agency's review of the addendum received on or before the due date, the application area continues to contain an invalid area, the Agency shall disqualify the preliminary application and no further review of the preliminary application shall be conducted.
   2. (2) If, after the review, the application area identified by the preliminary application no longer contains an invalid area, the preliminary application, with the amended boundaries, shall be qualified to undergo further review by the Agency.

Note: Authority cited: Sections 7073 and 7076, Government Code. Reference: Section 7073, Government Code.

History

1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No.14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.

2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).

3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).

4. Change without regulatory effect amending subsections (a)(3) and (d)-(d)(2) filed 6-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 24).

5. Change without regulatory effect renumbering title 10, section 5610 to title 25, section 8442.9 filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).