HomeMy WebLinkAbout(1996, 02/26) - K-1 - AmendedK -1
GENERALPLAN
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
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the hearing to the property owner or his duly authorized agent; to all
owners of property and occupants within 300 feet of the boundaries of the
property; 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.
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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 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.
isII. 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
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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.
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
Amended - February 26,1996
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