kwiktag ® 103 204 508 COUNCIL~’X)I’ST~ICT~’~F,,:~{4~BIA NOTICE D.C. LAW 8-129 "District of Columbia Comprehensive Plan Amendments Act of 1989". Pursuant to Section 412 of the District of Columbia Self-Government and Governmental Reorganization Act, P. L. 93-198, "the Act", the Council of the District of Columbia adopted Bill No. 8-2 on first and second readings, October I0, 1989, and October 24, 1989, respectively. Following the signature of the Mayor on December 21, 1989, this legislation was assigned Act No. 8-138, published in the January 5, 1990, edition of the D.C. Register, (Vol. 37 page 55) and transmitted to the National Capital Planning Commission ("NCPC") for a 60-day review, in accordance with sections 203 and 423 of the Act. In response to NCPC adoption on February 22, 199~), of a resolution certify- ing findings of Federal interest impacts of Act No. 8-138, the Council adopted Title II of Bill 8-467, "District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, on first and second readings, February 27, 1990, and March 13, 1990, respectively. Following the signature of the Mayor on March 27, 1990, this legislation was assigned Act No. 8-184, published in the April 6, 1990, edition of the D.C. Register, (Vol. 37 page 2213) and transmitted, along with Act No. 8-138, to Congress on March 30, 1990 for a 30-day review, in accordance with Section 602(c)(i) of the Act. The Council of the District of Columbia hereby gives notice that the 30-day Congressional Review Period on the "District of Columbia Comprehensive Plan Amendments Act of 1989" has expired and, therefore, cites the enactment of this legislation as D.C. Law 8-129, effective May 23, 1990. The Council also notes the expiration of the Congressional Review Period on the "District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amend- ments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, which has been cited as D.C. Law 8-132, effective May 23, 1990. /C/ DAVID A. CLARKE Chairman of the Council Dates Counted During the 30’day Congressional Review Period: March 30 April 2,3,4,5,18,19,20,23,24,25,26,27,30 May 1,2,3,4,7,8,9,10,11,14,15,16,17,18,21,22 f D.C.t W 8 - "~olled Origln~ MAY 1990 Codification, AN ACT District of Columbia Code (1990 Supplement) $ = ff IN THE COUNCIL OF THE DISTRICT OF COLUMBIA DEC 11989 To amend the District of Colu~)~a Comprehensive Plan Act of 1984. BE IT ENACTED BY THH COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be.. cited as the "District of Columbia Comprehensive Plan .Amendments Act of 1989". Sec. 2. Compr,eb, ensiw~ Plan amendments. The District of Columbia C.omprehensive Plan Act of Note, 1984, effective April .I0, 1984: (D.C. Law 5-76; D.C. Code, 1-245 sec. 1-245 passim), is amended as follows: "(a) Section 3 is amended as follows: (I) Title, I (10 DCF.{R I01.i _eLt___s__e~.) is amended as follows: (A) Section 1011 6. (I0 DCMR 107) is amended to read as follows: "6. Prese].-vin.g and F.nsuring Community Input. "Continuous co.~r~nuni’ty inp~.rt into the implementation of titles I through XI[ of this section ("Comprehensive Plan") will be assured by the requirement of a periodic review. Not later than January 31st of each even-numbered calendar year, the Mayor shal. l submit to the Council a report on the progress made by the government of the District of Columbia ("District") in implementing the Comprehensive Plan. The C, ouncil shall schedule a public hearing on the progress report and, following each review period, submit to the Mayor the findings of the Council and a copy of the public testimony on the progres.s repc, rt. "Each progress rep.c.:i:t shs.1] include an action report, which shall detail, by C.or:~.prehensive Plan policy, lead agency, and fiscal year quarte]:, any action required to implement the objectiwi~.. ~.~.nd p,:>]icies of the Comprehensive Plan. For each actior~, the quarter scheduled for initiating the action and the .,~l)lart.e:~:. scheduled for completing the action shall be ind.i, cat~,~d.. The actio,: report shall address any action not yet completed that relates to the Comprehensive Plan. "The progress report that is required to be submitted by January 31, 1990, shall include the details of a process for annually evaluating how the capital improvements program promotes the objectives and policies of the Comprehensive Plan. "The progress report required to be submitted by January 31, 1990, shall include the details of a process for executive branch consideration of proposed amendments to the Comprehensive Plan that have been initiated by the executive branch or the public. The process for consideration of proposed amendments initiated by the executive branch or the public shall include, but not be limited to: "(A) Standards for appropriateness; "(B) A format and deadline for submission of amendments; "(C) Publication and distribution of the proposed amendments; "(D) Notice to affected advisory neighborhood commissions, land owners, the Council, and other appropriate parties; "(E) Public hearings to be held by the Mayor; and "(F) Submission by the Mayor to the Council of proposed amendments to the Comprehensive Plan. "Beginning in March 1993, the Mayor shall submit to the Council any proposed amendment to the Comprehensive Plan by March 31st of each odd-numbered year. Proposed amendments may also be submitted at any other time that the Mayor determines to be necessary." (B) " ’ ~ect~on 102 (I0 DCMR 109) is amended as follows: (i) By inserting the following new sentence before the last sentence of the first paragraph: "Since the Land Use element integrates the policies and objectives of all other District elements, it should be given greater weight thmn the other elements."; (ii) By striking the first part of the first sentence of the second paragraph from the word, "Except" through the phrase "elements of the Comprehensive Plan itself," and inserting in its place the phrase: "Except as specifically required by other law, the District elements of the Comprehensive Plan, or the home rule charter provision that zoning shall not be inconsistent with the Comprehensive Plan in An Act Providing for the zoning of the District of Columbia and the regulation of the location, height, bulk, and uses of buildings and other structures and of the uses of ].and in the District of ~r~l e ~ Ori~Ina~ Columbia, and for other purposes, approved December 24, 1973 (87 Stat. 792; D.C. Code, sec. 5-~1~),"; and (iii) By adding the following new paragraph at the end: "In addition to the requirement set forth in the Charter and in this act that zoning shall not be inconsistent with the Comprehensive Plan, the governmental issuance of public space permits shall also not be inconsistent with the Plan. The consistency of each building and construction permit shall be reviewed pursuant to section 1135 (Ii) of the Comprehensive Plan." (C) Section 107 (I0 DCMR 199) is amended by adding the following definitions: "(i) ’Day-Night Average Sound Level’ (’Ldn’) means the annual average aircraft noise level, in decibels, that occurs during a 2~-hour period, from midnight to midnight, after the addition of I0 decibels to sound levels in the night from midnight to 7:00 a.m. and from I0:00 p.m. to midnight."; and "(i) ’Washington National Airport Noise Impact Area’ means ~e land located within the District of Columbia that is exposed to aircraft noise levels of 65 Day-Night Average Sound Level (Ldn) or higher, upon being mapped for the Washington National Airport Master Plan by the Metropolitan Washington Ai];ports Authority and approved by the Federal Aviation A<iministration." (2) Title II (10 DCMR 200 et seq.) is amended as follows: (A) Section 201 (I0 DCMR 200) is amended by adding a new paragraph (n) to read as follows: "(n) Affordable, quality child care is an essential precondition for parents with children under the age of 15 to work, seek employment, complete school, and participate in job training programs." (B) Section 208(13) (I0 DCMR 203.2(m)) is amended by inserting the phrase " consistent with the Land Use element and any ward and s.mal[ area plan," after the phrase "selected Metrorail station areas". (C) Section 2~8 (I0 DCMR 208) is amended as follows: (i) By striking the word "and" at the end of paragraph "(8); (ii) By ~.triking the period at the end of paragraph "(9) and inserting a semi-colon in its place; and (iii) By adding the following new paragraphs at the end: "(I0) Encourage developers of new and rehabilitated residential or commercial developments to provide space for non-profit child-care facilities or contribute funds to a trust fund to be used for child care subsidy or voucher programs; "(ii) Facilitate the establishment of new and the expansion of existing child care facilities in residential, commercial, and mixed use areas; "(12) Provide information and technical assistance to employers that operate in the District to encourage the employers to provide child-care services and facilities for their employees; "(13) Enact programs and policies to ensure the availability of financial assistance and tax credits to community organizations and employers, that start child-care facilities in areas of greatest need; and "(14) Provide adequate subsidies to each eli.gible parent with a child under the age of 15 years who requires child care to participate in an educational program, job training, or employment." "(3) Title III (I0 DCMR 300 et seq.) is amended as follows: (A) Section 301 (I0 DCMR 301.1 and 301.2) is amended by adding a new paragraph "(g) to read as follows: "(g) The District government recognizes the need to increase the supply of child care facilities in each residential area and should intensify District government efforts to identify and address issues applicable to child care.