Article III — CITY PLANNING

Sec. 2A.51. Planning; Advice on Physical Improvement and Development.

Sec. 2A.52. Capital Planning Committee – General Plan Referrals.

Sec. 2A.53. General Plan Referrals.

The Planning Department shall advise the Board of Supervisors and other departments, commissions and agencies of the City and County in any matter affecting the physical improvement and development of the City and County. All public officials shall upon request furnish to the Planning Department such information as it may require for its work and the Planning Department shall furnish to all departments and officials of the City and County such information as said departments and officials may require concerning the General Plan.

(Added by Ord. 320-96, App. 8/8/96)

The Capital Planning Committee cannot act upon the annual capital expenditure plan, six-year capital improvement program, a capital improvement project or a long-term financing proposal such as, but not limited to, general obligation or revenue bonds or nonprofit corporation proposals until a General Plan referral report has been rendered by the Planning Department regarding conformity of the project with the General Plan. In order to complete the General Plan referral report in a timely fashion, early involvement of the Planning Department in the planning process is advised. The Planning Department is available to prepare a policy analysis report. This report will provide policy guidance for the planning and decision-making of the proposal and its alternatives.

If the Planning Department fails to render a General Plan referral report within 45 days after receipt of such referral, unless a longer time has been granted by the Board of Supervisors, said capital improvement plan shall be deemed to be in conformity with the General Plan. Procedures for General Plan referrals as set forth in Section 2A.53 of this Code shall be applicable.

Further, to facilitate rational prioritization of capital improvement projects over a six-year time period and within the resource and debt capacity, the Planning Department shall assist in developing a strategic plan for capital expenditures for use of the Capital Planning Committee and the Board of Supervisors.

(Added by Ord. 68-98, App. 2/26/98; amended by Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014)

(a) General. The Charter requires that the Planning Department prepare written reports regarding the conformity with the General Plan for the use of the Board of Supervisors prior to its action on the acquisition, vacation, sale, change in use or title of public property, subdivision of land, construction or improvement of public buildings or structures, plans for public housing or public-assisted private housing, or redevelopment project plans, within the City and County.

(b) Purpose. The General Plan is a compendium of policies on all aspects of the City and County's physical development, formulated with extensive public participation, adopted by the Planning Commission, and approved by the Board of Supervisors. In order to implement the public policy contained in the General Plan, the following procedures will be used in determining consistency with the General Plan and reporting the findings to the Board of Supervisors in a timely manner prior to action on the proposal. Early involvement of the Planning Department in the planning of a project or plan is advisable to avoid delays. The Planning Department is available to provide policy analysis reports on issues concerning the physical development of the city as a proactive information tool for decision-making and analysis of applicable public policy as contained in the General Plan.

(c) Applicability. The following actions by the Board of Supervisors require a written report from the Planning Department on the consistency of the proposed action with the General Plan:

(1) Proposed ordinances and resolutions concerning the acquisition, extension, widening, narrowing, removal, relocation, vacation, abandonment, sale or change in the use of any public way, transportation route, ground, open space, building, or structure owned by the City and County;

(2) Subdivisions of land within the City and County;

(3) Projects for the construction or improvement of public buildings or structures within the City and County, the annual capital expenditure plan, six-year capital improvement program, a capital improvement project or a long-term financing proposal such as, but not limited to, general obligation or revenue bonds or nonprofit corporation proposals;

(4) Project plans for public housing, or publicly assisted private housing in the City and County;

(5) Redevelopment project plans within the City and County;

(6) Programs and schedules which link the General Plan to the allocation of local, State and federal resources; and

(7) Any substantial change to any of the above actions.

(d) Application. Property owners, public agencies and their respective agents shall initiate General Plan referrals by filing a completed application containing all required information with the Planning Department and paying an initial fee set forth in the Planning Code. The remainder of the fee, based on time and materials, shall be paid prior to the transmittal of the General Plan referral report to the applicant or Board of Supervisors. The Planning Department shall determine whether the application is complete and shall notify the applicant and, in the case of an incomplete application, request the necessary information.

(e) Determination. For most General Plan referral applications, a written General Plan referral report stating that a proposed action is consistent with the General Plan, shall be transmitted to the applicant for submittal with the proposal to the Board of Supervisors in 45 days after accepting a complete application. If the response requires more than 45 days because of environmental review procedures, the complexity of the proposed action, public controversy generated by the proposal, or a public hearing before the Planning Commission, the Department shall notify the applicant and Board of Supervisors.

Proposals which are inconsistent with the General Plan, complex or have generated public controversy, shall require a public hearing and determination by the Planning Commission. The Planning Commission resolution finding a proposal in conformity with the General Plan shall be submitted to the Board of Supervisors and the applicant within five business days after receipt of payment.

(f) Board of Supervisor Action. Resolutions or motions for actions listed under Subsection (c) of this Section shall include a finding of consistency with the General Plan. The Planning Commission or Department's disapproval of a proposed action may be overruled by a vote of not less than two-thirds of the members of the Board of Supervisors.

(Added by Ord. 68-98, App. 2/26/98; amended by Ord. 186-02, File No. 021418, App. 9/6/2002; Ord. 218-02, File No. 021609, App. 11/1/2002; Ord. 168-07, File No. 061537, App. 7/20/2007)

(Added by Ord. 264-13, File No. 130734, Eff. 12/27/2013; repealed by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)