Sec. 30-343. - Reserved.

Editor's note— Ord. No. 1906, § 68, adopted Oct. 25, 2022, repealed § 30-343, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-344. - Findings for approvals.

Before the Planning Commission may grant a density bonus, it must make all of the following findings:

(1)

As required by state law, the City shall grant a density bonus in accordance with Government Code §§ 65915 through 65918.

(2)

As required by state law, the City shall grant an incentive or concession in accordance with Government Code §§ 65915 through 65918, unless the City makes any of the findings in Government Code § 65915(d)(1)(A) through (C).

(3)

Effect on other actions. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(4)

Other City incentives. This division does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirements.

Sec. 30-345. - Noticing.

Notice of hearings for time extension for projects shall be as set forth in Division 4, of this article herein.

Sec. 30-346. - Hearing—Planning Commission.

(a)

Upon the filing of a complete application for amendment to the text or land use map of the general plan, the matter shall be set for hearing before the Planning Commission for recommendation to the City Council. Applications for general plan Amendments shall be heard four times (approximately quarterly) per year. The filing deadlines for such applications shall be set at a date no closer than 51 days prior to the appropriate meeting date.

(b)

The Planning Commission shall hold at least one public hearing upon the matters referred to in the application for amendment. If the Planning Commission finds that the proposal substantially promotes the goals of the City's general plan, the Planning Commission shall recommend the change to the City Council. The Planning Commission shall transmit its report in writing to the City Council within 90 days following the public hearing. The report shall set forth the reasons of the Planning Commission recommendations and the relationship of the proposed change to the general plan.

(c)

If the decision of the Planning Commission is to deny an application requesting the change of general plan amendment, the decision shall be final unless there is an appeal as provided for in Division 5 of this article herein.

(d)

The Planning Commission shall also have the authority to forward the application to the City Council for consideration.

Sec. 30-347. - Hearing—City Council.

The City Council shall hold at least one public hearing upon the matters referred to the Council by the Planning Commission or by appeal. The City Council may approve, modify or reject any part of the recommendation of the Planning Commission. The determination of the City Council shall be final and conclusive, except that whenever the City Council shall consider a change not previously considered by the Planning Commission, the Council may refer such change to the Planning Commission for its recommendation.