HomeMy WebLinkAbout(1994, 01/24) - Q-1 - Amended - changed to K-1K -1
GENERAL PLAN
1. MANNER OF ADOPTION AND AMENDMENT. The General Plan or any
part or element thereof, and any amendment to such plan or any part or element
thereof, shall be adopted in the following manner:
A. Public Hearing - Planning Commission. The Planning Commission
shall hold at least one public hearing before approving a General
Plan or any part or element thereof, or any amendment to such plan
or any part or element thereof, and shall give notice of hearing by at
least one publication in a newspaper of general circulation within
the City, and mailed notice to any community association which
may be impacted by a proposed amendment, as determined by the
Planning Director, or to any individual or community association
which has expressed an interest in a proposed amendment and
requested mailed notice, at least ten days prior to the first of such
hearings. If the proposed General Plan Amendment would affect
the permitted uses or intensity of uses of real property, notice of the
hearing shall be mailed or delivered at least 10 days prior to the
hearing to the property owner or his duly authorized agent and to
the project applicant. However, if the number of persons to whom
notice would be mailed or delivered is greater than 1,000, the
requirement for individual mailed or delivered notice may be
waived by the Planning Director.
B. Approval by Planning Commission - Resolution The approval by
the Planning Commission of the General Plan or any part or element
thereof, or any amendment to such plan or any part or element
thereof, shall be by the adoption of a resolution, endorsed by the
chairman and Secretary of the Commission and transmitted to the
City Council.
C. Public Hearing - City Council. Before adopting the General Plan or
any part or element thereof, or any amendment to such plan or any
part or element thereof, the City Council shall hold at least one
public hearing. Notice of the time and place of the hearing shall be
given at the time and in the manner provided for the giving of notice
of the hearing by the Planning Commission.
D. Referral of Proposed Changes Back to Planning Commission. In
adopting a General Plan or any part or element thereof, or any
amendment to such plan or any part or element thereof, which has
I
K -1 •
been approved by the Planning Commission, the City Council shall
consider the recommendation of the Planning Commission. If the
City Council intends to make major changes and take an action not
considered by the Planning Commission, the changes shall be
referred back to the Planning Commission for its recommendation.
Planning Commission consideration of an alternative shall be
construed liberally so as to allow the City Council to act on any one
of a range of alternatives generally considered by the Planning
Commission. It shall not be necessary for the Planning Commission
to hold a public hearing on changes or additions referred back by
the City Council. Failure of the planning Commission to report back
to the City Council within forty (40) days of referral shall constitute
Planning Commission approval of the proposed changes.
E. Adoption by City Council - Resolution. The adoption of the General
Plan or any part or element thereof, or any amendment to such plan
or any part or element thereof, shall be by resolution.
AMENDMENT PROCEDURES (GENERAL PLAN)
A. Amendment to the General Plan shall be initiated by the City •
Council after recommendation from the Planning Commission
during the months of February, June and October.
B. In initiating action to amend the General Plan, the City Council shall
direct the Planning Commission to set public hearings for such
amendments as it deems appropriate.
C. Prior to making its recommendation on the initiation of proposed
General Plan amendments, the Planning Commission may do such
research as it deems necessary to establish whether the proposed
amendment warrants consideration.
D. A citizen and /or property owner may request an amendment to the
General Plan. Such request shall be submitted in writing to the
Planning Commission a minimum of fourteen (14) days prior to the
month during which proposed amendments are to be initiated. The
request should clearly set forth the reason for which the request is
made, and should contain information substantiating the need.
When an amendment is requested for a specific parcel or parcels in
the City, the request must be made by the property owner or his or
her authorized representative or by the Planning Commission or •
City Council.
K -1
If the Planning Commission, after examination, is convinced that the
proposed change is worthy of initiation, it may recommend
initiation of amendments as set forth above. If not the Commission
shall forward the request to the City set forth above. If not the
Commission shall forward the request to the City Council with its
recommendation that initiation of the amendment is unwarranted.
The City Council, after consideration of the request and of the report
from the Planning Commission, may either initiate the proposed
amendment and direct the Planning Commission to set for public
hearing, return the request to the originator without further action,
or defer action on the proposed amendment to future hearing
sessions based on Planning Department work loads and project
priorities.
E. Amendments to each General Plan element may be initiated not
more than three times a calendar year. Residential projects, at least
25% of which will be affordable to families of low- or moderate -
income (as defined by the City of Newport Beach General Plan
Housing Element), may be exempt from this provision. Also,
amendments to bring the General Plan into conformance with the
Local Coastal Program may be exempt from this provision. A
number shall be assigned in sequence to each amendment or group
of amendments at the time it is initiated by the City Council.
Adopted - April 22,1974
Amended - June 23,1980
Amended - November 23,1981
Amended - November 22,1982
Amended - November 27,1989
Amended - January 24,1994
Formerly ¢1
3