Bradbury Municipal Code Ch. 13 General Plan, Development Code, and Zoning Map Amendments

The purpose of this chapter is to set forth the procedure for the initiating amendments to the General Plan, the Development Code, or the zoning map. Pursuant to the State planning laws, the City has the authority to classify specific properties and to amend such classifications and the regulations governing such property whenever the public interest, convenience and necessity so require.

(Ord. No. 297, § 9.02.040.010, 3-20-2007)

Amendments to the General Plan, zoning map or changes to this title may be initiated in any of the following ways:

(1) By motion of the City Council;

(2) By Council action initiated pursuant to Government Code § 65858;

(3) By motion of the Planning Commission;

(4) By City staff;

(5) By any public agency having the power of eminent domain; or

(6) By the owner, or person in legal possession of any real property located within the City. When the request is initiated by such person:

a. The City Manager, or the Manager's designee, shall prepare a suitable application form, entitled "Initiation of Amendment," and shall assist any applicant in preparing the application form;

b. Any such application shall be accepted for filing by the City Clerk only upon the payment by the applicant of a filing and processing fee as determined by the City Council; and

c. Any applicant may, in writing, withdraw the applicant's request at any time during the processing of such request; provided, however, that there shall be no refund of any fees paid in connection therewith.

(Ord. No. 297, § 9.02.040.020, 3-20-2007)

The City Planner shall prepare a staff report for all amendments.

(a) The Planning Commission and City Council shall conduct public hearings and provide notice in accordance with the provisions set forth in Chapter 31 and any State law applicable to such proceedings, including notice to other agencies.

(b) Notice of the time and place of all public hearings before the Planning Commission or City Council shall be given as set forth in Chapter 31. If the amendment is other than the land use designation or zoning of a specific property, the mailed notice shall be given to all property owners in the City who will be impacted by such amendment.

(Ord. No. 297, § 9.02.040.030, 3-20-2007; Ord. No. 375, § 5, 5-18-2021)

After conducting a public hearing on any proposed amendment, the Planning Commission shall take one of the following courses of action:

(1) Recommend to the City Council that the requested amendment or change be granted in whole, or in part; or

(2) Recommend to the City Council that the requested amendment or change be denied in whole, or in part.

The Commission's recommendation shall be by resolution which shall contain the reasoning upon which the recommendation was based. A recommendation on a General Plan amendment must be adopted by a majority of the total membership of the Planning Commission. A recommendation on a zone change or Development Code amendment must be made by a majority of the quorum and must also contain a statement as to the relationship of the proposed amendment to applicable general and specific plans. The City Clerk shall maintain the Commission's records and files relating to such matter.

(Ord. No. 297, § 9.02.040.040, 3-20-2007; Ord. No. 375, § 5, 5-18-2021)

(a) Upon receipt by the City Clerk of the Planning Commission's recommendation, the City Council shall conduct a public hearing on the proposed amendment.

(b) If the decision of the City Council involves a substantial modification of the decision of the Planning Commission which was not previously considered by the Commission during its public hearing, the matter shall be referred back to the Commission for its recommendation before any final action is taken. The failure of the Planning Commission to report back within 45 days shall be deemed a recommendation of approval.

(c) The City Council must approve an amendment to the General Plan by a vote of a majority of the total membership of the City Council. A zone change or Development Code amendment may be made by a majority of the quorum.

(d) The adoption of any amendment is entirely at the discretion of the City Council. The Council shall not adopt any amendment unless it finds that the proposed amendment and any related development proposal is consistent with the General Plan and other adopted goals and policies of the City, and that the proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(e) General Plan amendments shall be adopted by resolution. Development Code amendments and amendments to the zoning map shall be by ordinance.

(Ord. No. 297, § 9.02.040.050, 3-20-2007; Ord. No. 375, § 5, 5-18-2021)