Chapter 18.114 — Amendments

Sections:

• 18.114.010 – Purpose and Intent

• 18.114.020 – Initiation of Amendment

• 18.114.030 – Processing, Notice, and Hearings

• 18.114.040 – Commission Action on Amendment 18.114.050 – Council Action on Amendment

• 18.114.060 – Findings and Decision

• 18.114.070 – Effective Dates

This chapter provides procedures for the amendment of the Development Code, the General Plan, and the Official Zoning Map.

• A. Who May initiate. An amendment may be proposed by the Director or initiated by the Commission or Council.

• B. General Plan or Zoning Map Amendments Only. For the General Plan or the Zoning Map, an amendment may be initiated by the filing of an amendment application with the Department by any or all of the owners or authorized agent(s)/representative(s) of property owners for which the amendment is sought.

• A. Application Filing and Processing.

  1. If initiated by the filing of an amendment application, the application shall be processed in compliance with standard application processing procedures.

  2. It is the responsibility of the applicant to provide evidence in support of the required findings.

• B. Timing of General Plan Amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358.

• C. Public Hearings Required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.

• D. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with the provisions of the Development Code and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

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Amendments

E. Abandonment of Amendment Proceedings.

1. Withdrawn by Applicant. Upon the consent of the Commission, any application for an amendment may be withdrawn upon the written request of a majority of all the persons who signed the application.

• A. All Amendments. After the public hearing, the Commission shall forward a written recommendation, in the form of a resolution, together with the reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the required findings.

• B. Recommendation for Approval of Development Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Development Code or Zoning Map amendment shall require only a majority vote.

• C. Recommendation for Approval of General Plan Amendments. A recommendation for approval or disapproval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Commission as required by Government Code Section 65354.

• D. Denial by Commission. A recommendation against the proposed amendment requires only a majority vote.

• A. All Amendments. Upon receipt of the Commission's recommendation to approve, or approve in modified form, the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the required findings.

• B. Approval of Development Code or Zoning Map Amendments. The action by the Council to approve the Commission’s recommendation regarding a Development Code or Zoning Map amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.

• C. Approval of General Plan Amendments. The action by the Council to approve the Commission’s recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.

• D. Referral to Commission. If the Council proposes substantial modification(s) not previously considered by the Commission, the proposed modification(s) shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857. Failure of the Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Commission of the proposed modification(s).

An amendment to the Development Code, the General Plan, or the Official Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment.

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A. Findings for General Plan Amendments.

1. The amendment is internally consistent with all other provisions of the General Plan;

2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

3. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B. Findings for Development Code and Zoning Map Amendments.

1. Findings Required for all Development Code and Zoning Map Amendments

   • a. The proposed amendment is consistent with the General Plan and any applicable specific plan; and

   • b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

2. Additional Finding for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of the Development Code.

3. Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

• A. General Plan. A General Plan amendment takes effect 30 days after adoption by a resolution of the Council.

• B. Development Code and Zoning Map. A Development Code or Zoning Map amendment becomes effective on the 31st day following the adoption of an ordinance by the Council.

East Palo Alto Development Code, Title 18

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East Palo Alto Development Code, Title 18

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Article 8 – Development Code Administration

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