Commerce Municipal Code Div. 6 General Plan Amendments

This Division 6 is established pursuant to Section 65358 of the California Government Code to allow for amendment from time-to-time of the city's general plan.

(Ord. 544 § 1(part), 2000).

A. Applications to amend the general plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The community development director may request proof of ownership or authorization to apply prior to the acceptance of any application.

B. In the case of a proposed amendment to the general plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C. The community development director and/or city council may initiate an application to amend the general plan.

(Ord. 544 § 1(part), 2000).

A. A public hearing before the planning commission shall be noticed and conducted pursuant to the provisions of Division 3 (Public Hearings) of this Chapter 19.39.

B. At the public hearing, the planning commission shall review the application and proposal and receive evidence as to how or why the proposed general plan amendment is consistent with the objectives of this Title 19, the balance of the general plan, and development policies of the city.

C. The planning commission shall act by resolution to recommend to the city council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire planning commission is required to recommend approval or approval with modifications.

D. The commission's resolution shall include its recommendation and shall be transmitted to the city clerk for scheduling the matter for public hearing before the city council.

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(Ord. 544 § 1(part), 2000).

A. Upon receipt of a planning commission resolution, the city clerk shall set the matter for hearing before the city council as provided for in Division 3 (Public Hearings) of this Chapter 19.39.

B. At the hearing, the city council shall review the commission's recommendation and may receive evidence as to how or why the proposed general plan amendment is consistent with the objectives of this Title 19, the balance of the general plan, and development policies of the city.

C. The city council shall act to approve or deny the application. A majority vote of the entire council is required to amend the general plan. The council's action to amend the general plan shall be by formal resolution.

D. If the city council proposes any substantial modification to the application not previously considered by the planning commission, the council shall refer the matter back to the commission for consideration. No public hearing shall be required. Failure of the commission to act within forty days of receiving the council's request shall provide the council with authority to act without the commission's recommendation.

(Ord. 544 § 1(part), 2000).

Prior to approving a general plan amendment, the city council shall make the following findings:

A. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

B. That the proposed amendment is consistent with the other goals, policies, and objectives of the general plan;

C. That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations; and

D. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

(Ord. 544 § 1(part), 2000).