Division 6 — GENERAL PLAN AMENDMENT

The purpose and intent is to keep an updated general plan to reflect the current desires and needs of the citizens for the long-term growth of the City.

Sec. 30-32. - Authority.

The City Council is authorized to approve or deny general plan amendment applications.

Sec. 30-33. - Pre-application meeting.

Prior to the filing of an application for a general plan amendment, the applicant or the applicant's representative shall apply for a pre-application review by City staff. Staff recommendations should be incorporated into the project prior to filing the formal application.

(Ord. No. 1906, § 13, 10-25-22)

Sec. 30-34. - Application.

Applications for general plan amendments shall be filed with the Planning Division upon such forms and accompanied by such data, information and fees as may be required by the Planning Division, to ensure a full presentation of the facts. No application shall be considered by an approval body until the application is determined to be complete and all required fees have been paid to the City.

(1)

A change to the general plan land use map may be initiated by the Director of Community Development, Planning Commission, City Council, or the owner or authorized agent of the owner of the property for which the application is being made.

(2)

An amendment to text of the general plan may be initiated by the Director of Community Development, Planning Commission, City Council, or any person directly affected by the provisions of this chapter. Additionally, staff shall provide the Planning Commission and City Council with an annual report outlining all revisions and changes to the general plan.

(3)

The Director of Community Development may request proof of authorization to file an application on behalf of another party.

Editor's note— Ord. No. 1906, § 14, adopted Oct. 25, 2022, repealed § 30-35, which pertained to Development Advisory Board (DAB) review and derived from Prior Code.

Sec. 30-36. - Noticing.

Notice of hearings for general plan amendment shall be as set forth in Division 3, herein.

Sec. 30-37. - 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.

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.

Sec. 30-39. - Time limitations.

If an application for a general plan amendment is denied by either the Planning Commission or City Council, another application of the same nature and affecting the same property shall not be filed within a period of one year from the date of denial. However, the hearing body denying the application may give permission for a new application to be filed if a change in circumstances or plans indicate a new application is warranted. Nothing contained in this section shall prohibit either the City Council or Planning Commission from initiating a change of general plan amendment at any time.