HomeMy WebLinkAbout(1989, 11/27) - Q-1 - AmendedGENERAL PLAN
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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
is
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
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
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GENERAL PLAN - Page 2
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.
II. AMENDMENT PROCEDURES (GENERAL PLAN)
A. Amendments 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.
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 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.
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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