Chapter 21.34 — AMENDMENTS — Fountain Valley Zoning Code

§ 21.34.010. Purpose. ¶

(a) This chapter provides procedures for a:
- (1) General Plan. General plan amendment that may include revisions to actions, goals, land use designations, policies or text;
- (2) Zoning Map. Zoning map amendment that has the effect of rezoning property from one zoning district to another;
- (3) Development Code. Development code amendment that may modify procedures, requirements or standards applicable to the development, and/or use of property within the city; and
- (4) Specific Plans. Specific plan amendment that may modify procedures, requirement, or standards applicable to the development and/or use of property within the boundaries of the specific plan area.
(b) Approval of Amendments. The amendments may be approved by the council whenever required by public convenience, health, interest, safety or welfare of the city.
(Ord. 1308 § 5, 2000)

§ 21.34.020. Application filing, processing and review. ¶

(a) Initiation of Hearings. An amendment may be initiated in the following manner:
- (1) By the council;
- (2) By the commission; or
- (3) A verified application filed with the department by one or more owners of property proposed to be changed or by a prospective owner(s) under a bona fide contract for purchase of the subject property, clearly identifying the reasons of public convenience, health, interest, necessity, safety or general welfare of the city requiring the amendment. The application shall be accompanied by a fee established by the city's fee resolution.
(b) Timing of General Plan Amendments. The general plan may be amended up to four times in a single calendar year.
(c) Contents. The application shall be accompanied by the information identified in the department handout for amendment applications.
(d) Notice and Hearing.
- (1) Upon receipt of a complete application to amend the general plan, the zoning map or this title, or on initiation by the commission or council, and following director review, public hearings shall be set before the commission and council.
- (2) Notice of the hearings shall be given in compliance with Chapter 21.58 (Public Hearings) of this title.
(Ord. 1308 § 5, 2000)

§ 21.34.030. Commission's action on amendments. ¶

(a) Commission's Action. The commission shall forward a written recommendation to the council whether to approve, approve in modified form or disapprove the proposed amendment, based on the findings contained in Section 21.34.050 (Findings and decision)of this chapter.
(b) Include Findings. The recommendation shall include the findings of the commission, constituting the basis for the recommendation and shall be signed by the secretary of the commission.
(c) Notice of Commission's Action. The secretary of the commission shall transmit the recommendation (together with the staff report) to the council.
(d) Applicant's Copy. The applicant's copy of the recommendation shall be mailed to the address shown upon the application.
(Ord. 1308 § 5, 2000)

§ 21.34.040. Council's action on amendments. ¶

(a) Hearing by the Council. Following the receipt of either of the following, the city clerk shall schedule a hearing in compliance with state law, and the council shall conduct at least one public hearing on the amendment:
- (1) Approval. A written recommendation from the commission recommending the approval of the amendment; and
- (2) Disapproval. A written recommendation from the commission recommending disapproval of the amendment.
(b) Council's Action. The council shall approve, approve in modified form or disapprove the recommendation of the commission based on the findings contained in Section 21.34.050 (Findings and decision) of this chapter.
(c) Referral to Commission. If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation, in compliance with state law.
(Ord. 1308 § 5, 2000)

§ 21.34.050. Findings and decision. ¶

An amendment to the general plan, the zoning map or this title, may be approved only if the following findings of fact can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1) Mandatory findings required for all amendments (e.g., general plan, zoning map and title):
- (A) The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives and policies of the general plan, and would not create any inconsistencies with this title, in the case of a title amendment;
- (B) The proposed amendment would not be detrimental to the public convenience, health, interest, safety or welfare of the city; and
- (C) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city's environmental review procedures.
(2) Additional Finding for Zoning Map Amendments: The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).
(3) Additional finding for title amendments: The proposed amendment is internally consistent with other applicable provisions of this title.
(Ord. 1308 § 5, 2000)