Loading...
HomeMy WebLinkAbout(1989, 11/27) - Q-1 - AmendedGENERAL PLAN Q -1 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 Q -1 • 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. GENERAL PLAN - Page 3 Q -1 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