Senate Bill No. 181–Senator Care

 

February 20, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to amendment of master plans and redevelopment plans. (BDR 22‑992)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to land use planning; requiring that notice of a public hearing to be held on a proposed amendment to a master plan or a part thereof must be sent by mail to certain owners of real property; revising provisions relating to the amendment of a redevelopment plan; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1.  NRS 278.210 is hereby amended to read as follows:

    278.210  1.  Before adopting the master plan or any part of it in accordance with NRS 278.170, or any [substantial] amendment thereof, the commission shall hold at least one public hearing thereon, notice of the date, time and place of which must be given at least by one publication in a newspaper of general circulation in the city or county, or in the case of a regional planning commission, by one publication in a newspaper in each county within the regional district, at least 10 days before the [day of the] hearing.

    2.  In addition to the notice published pursuant to subsection 1, the commission shall cause a notice of hearing on a proposed amendment to the master plan or any part thereof to be sent by mail at least 10 days before the hearing to each owner of real property, as listed on the county assessor’s records, whom the commission determines is likely to be directly affected by the proposed amendment. Such notice must:

    (a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and

    (b) Contain a brief summary of the intent of the proposed amendment.

    3.  The adoption of the master plan[,] or any part thereof, or of any amendment[,] thereof, including, without limitation, any extension of or addition to the master plan or any part thereof, must be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the total membership of the commission. The resolution must refer expressly to the maps, descriptive matter and other matter intended by the commission to constitute the plan or any amendment[, addition or extension] thereof, and the action taken must be recorded on the map and plan and descriptive matter by the identifying signatures of the secretary and chairman of the commission.

    [3.] 4. No plan or map, hereafter, may have indicated thereon that it is a part of the master plan until it has been adopted as part of the master plan by the commission as herein provided for the adoption thereof, whenever changed conditions or further studies by the commission require such amendments . [, extension or addition.

    4.] 5. Except as otherwise provided in this subsection, the commission shall not amend the land use plan of the master plan set forth in paragraph (f) of subsection 1 of NRS 278.160, or any portion of such a land use plan, more than four times in a calendar year. The provisions of this subsection do not apply to a change in the land use designated for a particular area if the change does not affect more than 25 percent of the area.

    [5.] 6. An attested copy of any part[, amendment, extension of or addition] of or amendment to the master plan adopted by the planning commission of any city, county or region in accordance with NRS 278.170 must be certified to the governing body of the city, county or region. The governing body of the city, county or region may authorize such certification by electronic means.

    [6.] 7. An attested copy of any part[, amendment, extension of or addition] of or amendment to the master plan adopted by any regional planning commission must be certified to the county planning commission and to the board of county commissioners of each county within the regional district. The county planning commission and board of county commissioners may authorize such certification by electronic means.

    Sec. 2.  NRS 278.220 is hereby amended to read as follows:

    278.220  1.  Except as otherwise provided in subsection 4 of NRS 278.150:

    [1.] (a) Upon receipt of a certified copy of the master plan, or of any part thereof, as adopted by the planning commission, the governing body may adopt such parts thereof as may practicably be applied to the development of the city, county or region for a reasonable period of time next ensuing.

    [2.] (b) The parts must thereupon be endorsed and certified as master plans thus adopted for the territory covered, and are hereby declared to be established to conserve and promote the public health, safety and general welfare.

    [3.] 2. Before adopting any master plan or any part thereof, or any amendment thereof, the governing body shall hold at least one public hearing thereon, notice of the date, time and place of which must be published at least once in a newspaper of general circulation in the city or counties at least 10 days before the [day of] hearing.

    3.  In addition to the notice published pursuant to subsection 2, the governing body shall cause a notice of hearing on a proposed amendment to the master plan or any part thereof to be sent by mail at least 10 days before the hearing to each owner of real property, as listed on the county assessor’s records, whom the governing body determines is likely to be directly affected by the proposed amendment. Such notice must:

    (a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and

    (b) Contain a brief summary of the intent of the proposed amendment.

    4.  No change in or addition to the master plan or any part thereof, or any amendment thereof, as adopted by the planning commission, may be made by the governing body in adopting the same until the proposed change or addition has been referred to the planning commission for a report thereon and an attested copy of
the report has been filed with the governing body. Failure of the planning commission so to report within 40 days, or such longer period as may be designated by the governing body, after such reference shall be deemed to be approval of the proposed change or addition.

1-1  Sec. 3. NRS 279.608 is hereby amended to read as follows:

1-2  279.608  1.  If , at any time after the adoption of a

1-3  redevelopment plan by the legislative body, [it becomes] the agency

1-4  desires to take an action that will constitute a material deviation

1-5  from the plan or otherwise determines that it would be necessary

1-6  or desirable to amend [or modify] the plan, the agency must

1-7  recommend the amendment to the plan to the legislative body .

1-8  [may amend the plan upon the recommendation of the agency.] An

2-1  amendment [or modification] may include the addition of one or

2-2  more areas to any redevelopment area.

2-3  2.  Before recommending amendment of the plan , the agency

2-4  shall hold a public hearing on the proposed amendment. Notice of

2-5  that hearing must be published at least 10 days before the date of

2-6  hearing in a newspaper of general circulation, printed and published

2-7  in the community, or, if there is none, in a newspaper selected by

2-8  the agency. The notice of hearing must include a legal description of

2-9  the boundaries of the area designated in the plan to be amended and

2-10  a general statement of the purpose of the amendment. Copies of the

2-11  notices must be mailed to the last known owner of each parcel of

2-12  land within those boundaries, at his last known address as shown by

2-13  the records of the assessor for the community, and to any person

2-14  who has acquired property within those boundaries from the agency,

2-15  at his last known address as shown by the records of the agency.

2-16      3.  If after the public [hearings] hearing, the agency

2-17  recommends substantial changes in the plan which affect the master

2-18  or community plan adopted by the planning commission or the

2-19  legislative body, those changes must be submitted by the agency to

2-20  the planning commission for its report and recommendation. [That]

2-21  The planning commission shall give its report and

2-22  recommendations [must be given] to the legislative body within 30

2-23  days after [that submission.] the agency submitted the changes to

2-24  the planning commission.

2-25      4.  After receiving the recommendation of the agency

2-26  concerning the changes in the plan, the legislative body shall hold a

2-27  public hearing on the proposed amendment, notice of which must be

2-28  published in a newspaper in the manner designated for notice of

2-29  hearing by the agency. If after that hearing the legislative body

2-30  determines that the amendments in the plan, proposed by the

2-31  agency, are necessary or desirable, the legislative body shall adopt

2-32  an ordinance amending the ordinance adopting the plan.

2-33      5.  As used in this section, “material deviation” means an

2-34  action that, if taken, would alter significantly one or more of the

2-35  aspects of a redevelopment plan that are required to be shown in

2-36  the redevelopment plan pursuant to NRS 279.572. The term

2-37  includes, without limitation, the vacation of a street and the

2-38  relocation of a public park.

 

2-39  H