Fowler Municipal Code Ch. 9.45 General Plan Amendment

This Chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with State planning laws. (Government Code section 65300, et seq.)

A General Plan Amendment is required for any change to General Plan goals, policies, action items, or any change to General Plan land use diagrams or designations contained in the General Plan.

A. Application Filing and Processing. Applications for a General Plan Amendment shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a General Plan Amendment shall be reviewed and approved by the designated authority as follows:

A. Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a General Plan Amendment.

B. Approving Authority. The City Council is authorized to approve, alter, or deny an application for a General Plan Amendment.

The Planning Commission shall hold a public hearing to make a recommendation on applications for a General Plan Amendment. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a General Plan Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.070 (Public Hearing and Notice).

In approving a General Plan Amendment, the City Council may make alterations to the proposal to ensure that the proposed amendment will comply with the required findings. Any substantial alteration made to the proposed General Plan Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation.

Prior to approving a General Plan Amendment, the City Council shall make all the following findings, which shall be made by resolution:

A. The amendment is consistent with the intent of the General Plan vision statement and supporting principles, goals, and policies.

B. The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

C. The amendment provides for the protection of the general health, safety, and/or welfare of the community.

Written Notice of Decision shall be provided in accordance with Section 9.30.070, Subsection (G) (Notice of Decision).

General Plan Amendments shall become effective immediately following the date of adoption.

Actions taken by the City Council are final and are not subject to appeal.

Approved General Plan Amendments do not expire.

No extensions of time are necessary as an approved General Plan Amendment does not expire.

Any amendments affecting an approved General Plan Amendment shall be handled as a new application.

Pursuant to Government Code section 65358, no mandatory element of the General Plan may be amended more frequently than four (4) times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one (1) change to the General Plan.

Pursuant to Government Code section 65352, at least forty-five (45) days prior to Council action on a proposed General Plan Amendment, the Director shall notify the County, the Local Agency Formation Commissions (LAFCO), any applicable Native American Tribes, and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects.