Newark Municipal Code Ch. 17.38 Amendments to General Plan Map and Text

This chapter establishes procedures for making changes to the general plan as provided for in state law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in state or federal law and problems and opportunities that were unanticipated at the time of plan adoption or the last amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

The procedures of this chapter apply to all proposals to change the text of the general plan and the diagrams that illustrate the application of its provisions.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

An amendment to the general plan may be initiated by any qualified applicant identified in Section 17.31.020, Application Forms and Fees, or a motion of the city council or planning commission.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Application. A qualified applicant shall submit an application for a general plan amendment on a form prescribed by the planning division accompanied by the required fee. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B. Coordination with Other Applications. The planning division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this zoning ordinance or Title 16, Subdivisions, of the Newark Municipal Code to be processed simultaneously with the proposed general plan amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Staff Report. The director shall prepare a report and recommendation to the planning commission on any application for a general plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment will require amendment to other plans that the city council has adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B. Public Hearing Required. All general plan amendments shall be referred to the planning commission, which shall hold at least one public hearing on any proposed amendment.

C. Public Notice. At least ten days before the date of the public hearing, the planning division shall provide notice consistent with Chapter 17.31, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the Newark Unified School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. Planning Commission Hearing. The planning commission shall conduct a public hearing in conformance with Chapter 17.31, Common Procedures.

B. Recommendation to Council. Following the public hearing, the planning commission shall make a recommendation on the proposed general plan amendment to the city council. Such recommendation shall include the reasons for the recommendation, findings related to the supporting the recommendation, and the relationship of the proposed amendment to applicable plans, and shall be transmitted to the city council in the form of a council memo, prepared by planning staff, with a copy of the approved minutes from the planning commission meeting.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

A. City Council Hearing. After receiving the report from the planning commission, the city council shall hold a duly-noticed public hearing. The notice shall include a summary of the planning commission recommendation. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk within ten days after the planning commission action.

B. City Council Action. After the conclusion of the hearing, the city council may approve, modify or deny the proposed amendment. If the council proposes any substantial modification not previously considered by the planning commission during its hearings, the proposed modification shall first be referred back to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing. The failure of the planning commission to report within forty days after the referral, shall be deemed a recommendation to approve and the amendment shall be returned to council for adoption.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)