HomeMy WebLinkAbout(2017, 08/08) - K-1 - Amended (General Plan and Local Coastal Program)K-1
GENERAL PLAN AND LOCAL COASTAL PROGRAM
Manner of Adoption And Amendment
The General Plan, the Local Coastal Program (LCP), 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. Pre -hearing Consultation.
1. LCP Notice of Availability - Review Drafts. For a LCP and LCP
amendments, a notice of the availability of the review draft of the LCP or
LCP amendment shall be made as soon as the draft is available, but at a
minimum of at least six (6) weeks before final City Council action on the
document in compliance with California Code of Regulations Section
13515(c), or any successor regulation.
The Planning Division shall make available review drafts for public perusal
at the offices of the Community Development Department and at all
branches of the City library.
2. Tribal Consultation. For a General Plan and General Plan amendments, the
City shall send notice to California Native American tribes identified by the
Native American Heritage Commission of the opportunity to conduct
consultations for the purpose of preserving, or mitigating impacts to,
cultural places located on land that may be affected by the proposed plan
adoption or amendment. Tribes shall have 90 days from the date on which
they receive notification to request consultation, unless the tribe has agreed
to a shorter timeframe. Notification by the City shall be in accordance with
Government Code Section 65352.3, or any successor statute.
B. Public Hearing - Planning Commission.
The Planning Commission shall hold at least one public hearing before making a
recommendation to the City Council on a General Plan, LCP, or any part or
element thereof, or any amendment to such plan or any part or element thereof.
Advanced notice of the hearing and the procedures for the conduct of the hearing
shall be the same as those required by the Zoning Code for a code amendment.
C. Recommendation by Planning Commission - Resolution. The recommendation by
the Planning Commission to the City Council on the General Plan, LCP, or any
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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.
D. Public Hearing - City Council. Before adopting the General Plan, LCP, 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. . Advanced notice of the
hearing and the procedures for the conduct of the hearing shall be the same as
those required by the Zoning Code for a code amendment.
E. Referral of Proposed Changes Back to Planning Commission. In adopting a
General Plan, LCP, or any part or element thereof, or any amendment to such plan
or any part or element thereof, which has been reviewed 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. The Planning Commission shall report back to the City
Council with their recommendation on the proposed changes within 45 days.
F. General Plan - 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.
G. LCP - Submittal to Coastal Commission - Resolution. Submittal of a LCP or LCP
amendment shall be submitted to the Coastal Commission pursuant to a
resolution adopted by the City Council certifying that the LCP or LCP amendment
is intended to be carried out in a manner fully in conformity with the Coastal Act.
The City Council may submit a proposed amendment to a certified LCP either (1)
as an amendment that will take effect automatically upon Coastal Commission
approval, or (2) as an amendment that will require formal City Council adoption
after Coastal Commission approval.
H. LCP - City Council Action following Coastal Commission Certification. After
receipt of a resolution of certification from the Coastal Commission, the City
Council shall:
1. Acknowledge receipt of the Coastal Commissions resolution of
certification including any terms or modifications, which may have been
required for final certification;
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2. Consider any terms and modifications; and
3. Take appropriate action, including no action, regarding any terms and
modifications.
I. LCP - Adoption by City Council - Resolution and/or Ordinance. The adoption of
a LCP land use plan, or any amendment to such plan, shall be by resolution. The
adoption of a LCP implementing action, or any amendment to such implementing
action, shall be by ordinance.
Amendment Procedures
City Amendments
A. City -sponsored amendments to the General Plan, or LCP, shall be initiated by the
City Council.
S. In initiating action to amend the General Plan, or LCP, 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 proposed General Plan or LCP
amendments, the Planning Commission may do such research as it deems
necessary to establish whether the proposed amendment warrants approval.
Property Owner Amendments
A. Property owners may apply for an amendment to the General Plan, or LCP,
limited to changes to the land use designation and/or development limit for their
property. Such request shall be made by the filing of an application on a form
prescribed by the Community Development Director along with the fee
established by the City Council. If property that is the subject of an application is
in more than one ownership, all the owners shall join in filing the application. The
request should clearly set forth the reason for which the request is made and
should contain information substantiating the need.
Exception
Pursuant to Section 8 of City Council Resolution No. 2006-76, errors of fact, language
consistency between elements and policies, calculations and/or scribe's errors in the
General Plan text, exhibits, figures and plan map may be corrected without further
amendment. All revisions made pursuant to Section 8 shall be reported to Planning
Commission for affirmation.
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History
Adopted Q-1 -
4-22-1974
Amended Q-1
- 6-23-1980
Amended Q-1
-11-23-1981
Amended Q-1
-11-22-1982
Amended Q-1
-11-27-1989
Amended Q-1
-1-24-1994 (changed to K-1)
Amended K-1
- 2-26-1996
Amended K-1
- 5-8-2001
Amended K-1
- 4-13-2004
Amended K-1
- 8-11-2009
Amended K-1
- 9-27-2011
Amended K-1
- 8-8-2017