Existing law requires the planning commission of a city or county to prepare a comprehensive, long-term general plan for the physical development of the city, county or region, which is known as a master plan. Existing law establishes nine certain elements that may be included in a master plan, except that certain cities or counties are required to include all or a portion of certain elements in a master plan. (NRS 278.150-278.170) Section 7 of this bill revises provisions relating to the conservation element, housing element, land use element and safety element of a master plan. Under existing law, the conservation element of a master plan is required to include a conservation plan for the conservation, development and utilization of certain natural resources. (NRS 278.160) Section 7 requires that the conservation plan also address the sustainability and resilience of the natural resources included in the conservation plan. Under existing law, the housing element of a master plan is required to include certain inventories, analyses, determinations and plans relating to housing. (NRS 278.160) Section 7 adds a requirement for a plan for addressing homelessness. Under existing law, the land use element of a master plan is required to include provisions concerning community design, a land use plan and, in a county whose population is 700,000 or more (currently only Clark County), a rural neighborhoods preservation plan. (NRS 278.160) Section 7 revises the land use plan to require a designation of future land uses for all areas of the city, county or region. Section 7 also revises provisions relating to the land use plan by: (1) clarifying that a land use plan governs the implementation of any zoning regulation or ordinance; (2) requiring a land use plan to indicate the categories and general type of permitted uses; and (3) requiring a land use plan to specify the permitted density or intensity of the use of land. Under existing law, the safety element of a master plan is required to include a seismic safety plan and, in a county whose population is 700,000 or more, a safety plan. (NRS 278.160) Section 7 adds a public safety plan that identifies the availability of fire protection, emergency medical services and police services. Section 7 also establishes three additional elements of a master plan, including an economic element, an education element and a public health element. Section 6 of this bill requires the governing body of a city or county in a county whose population is 700,000 or more to adopt a master plan that includes, in addition to certain required elements, the elements established by section 7. Section 3 of this bill sets forth that if a planning commission or governing body finds that a proposed development project in a city, county or region is not consistent with the master plan, the planning commission or governing body may deny or condition approval of the proposed development project to require consistency with the master plan. Existing law requires any local government in a county whose population is 100,000 or more but less than 700,000 (currently only Washoe County) to: (1) make any action relating to development, zoning, the subdivision of land or capital improvements conform to the master plan of the local government; (2) while adopting certain ordinances or regulations, make a specific finding that the ordinance conforms to the master plan; and (3) within 1 year after adoption of any portion of a master plan, to amend any ordinances to ensure the ordinance conforms to the master plan. Existing law also makes clear that the master plan governs any action taken in regard to an application for development, if any regulation relating to land development is inconsistent with the master plan. (NRS 278.0284) Sections 2 and 5 of this bill establish the same provisions for counties whose population is 700,000 or more. Section 4 of this bill applies the definitions in existing law relating to planning and zoning to the provisions of sections 2 and 3. Existing law requires: (1) each local government whose budget includes any expenditure for the acquisition or maintenance of a capital improvement to prepare a plan for capital improvements which conforms with its master plan and which includes at least the 3 ensuing fiscal years but not more than 20 fiscal years; and (2) each local government to annually prepare a capital improvement plan for the fiscal year ending on June 30 of that year and the ensuing 5 fiscal years. (NRS 278.0226, 354.5945) Existing law further requires the governing body of a county or city to put the adopted master plan into effect and that the master plan will serve as a basis for certain decisions. (NRS 278.230) Section 9 of this bill provides that the master plan of the city or county also be a basis for the preparation of the capital improvement plan. Section 9 also requires that the master plan be the basis for zoning ordinances and regulations. Existing law authorizes a governing body to divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out certain purposes. Within a zoning district, the governing body may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. Zoning regulations must be adopted in accordance with the master plan for land use. (NRS 278.250) Section 10 of this bill requires instead that the zoning regulations be consistent with the master plan for land use. Section 11 of this bill requires the governing body or planning commission of the city, county or region to consider conformity with the zoning ordinances and master plan when taking final action on a tentative map. Existing law sets forth certain procedures and requirements relating to the adoption of the master plan, any part of the master plan or any substantial amendment thereof by the commission. (NRS 278.210) Section 8 of this bill adds a requirement that, in counties whose population is 700,000 or more, before the commission may review or adopt any proposed amendment to a land use element of a master plan, the proposed amendment first must be submitted to the staff of the city or county to make a recommendation for approval or denial and establishes the criteria upon which the recommendation must be made.

Statutes affected:
As Introduced: 278.010, 278.02507, 278.150, 278.160, 278.210, 278.230, 278.250, 278.349
BDR: 278.010, 278.02507, 278.150, 278.160, 278.210, 278.230, 278.250, 278.349