Chapter 4-76 — AMENDMENTS

Sections:

Sec. 4-76-010. Purpose. Sec. 4-76-020. Applicability. Sec. 4-76-030. Initiation of Amendments. Sec. 4-76-040. Processing, Notice and Hearing. Sec. 4-76-050. Commission Action on Amendment. Sec. 4-76-060. Council Action on Amendment. Sec. 4-76-070. Withdrawal of Amendment Request. Sec. 4-76-080. Findings. Sec. 4-76-090. Effective Dates.

This Chapter provides procedures for the amendment of the General Plan, the Zoning Map, and this Zoning and Subdivision Code whenever the Council determines public necessity and general welfare require an amendment.

• A. General Plan. A General Plan amendment may include revisions to text or diagrams.

• B. Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

• C. Zoning and Subdivision Code. A Zoning and Subdivision Code amendment may modify a standard, requirement, or procedure applicable to land use or development within the City.

An amendment to the General Plan, the Zoning Map, or this Zoning and Subdivision Code shall be initiated in compliance with this Section.

• A. Who may initiate an amendment.

  1. General Plan, Zoning Map, or Zoning and Subdivision Code amendments. A General Plan, Zoning Map, or Zoning and Subdivision amendment may be initiated by:

  - **a.** A resolution of intention by the Council; 
  
  - **b.** A resolution of intention by the Commission; or 
  
  - **c.** The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application. 
  

  2. Zoning Map and Zoning or Subdivision Code amendments only. A Zoning Map or Zoning and Subdivision amendment may be initiated by Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858).

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-76. AMENDMENTS Sec. 4-76-070. Withdrawal of Amendment Request.

• B. Application filing. The following shall apply if the amendment is initiated by the filing of an amendment application in compliance with Subparagraph A.1.c., above:

  1. An application for an amendment shall be filed and processed in compliance with Chapter 4-50 (Permit Application Filing and Processing).

  2. The application shall be accompanied by the information identified in the Department handout for amendment applications as well as the filing fee in compliance with the City's Fee Schedule.

• A. Public hearings by Commission and Council required. After the filing and initial processing of a proposed amendment in compliance with Chapter 4-50 (Permit Application Filing and Processing), the Commission and Council shall each conduct one or more public hearings regarding the requested amendment.

• B. Notice of hearing. Notice of the hearings shall be given in compliance with Chapter 4-78 (Public Hearings).

• A. Commission's action. The Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings in Section 4-76-080 (Findings), below.

• B. Transmitted within 90 days. The Commission's written recommendation, together with the reasons for the recommendation, shall be transmitted to the Council within 90 days following the public notice for the Commission's hearing.

• C. Extension of delivery to the Council. The 90-day limit may be extended with the consent of the Council or the applicant for the requested amendment.

• A. Action to approve/disapprove. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings in Section 4-76-080 (Findings), below.

• B. Referral to Commission.

  1. 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 to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zoning Map/Zoning and Subdivision Code amendments]).

  2. The Commission need not conduct a public hearing on the referral.

  3. Failure of the Commission to act on the referral within 40 days following the Council's action to refer the matter to the Commission, or a longer period established by the Council, shall be deemed approval of the proposed modification.

Either the Commission or Council may permit the withdrawal of an amendment request filed in compliance with this Chapter or may abandon any proceedings for an amendment initiated by the respective review authority.

Gustine Zoning and Subdivision Code

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ARTICLE 7 ZONING AND SUBDIVISION CODE ADMINISTRATION CHAPTER 4-76. AMENDMENTS Sec. 4-76-080. Findings.

The approval of an amendment to the General Plan, the Zoning Map, or this Zoning and Subdivision Code shall require that the review authority first make all of the following findings, as applicable to the type of amendment.

• 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 (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

• B. Findings for Zoning Map, and Zoning and Subdivision Code amendments.

  1. Findings required for all Zoning Map/Zoning and Subdivision Code amendments.

  - **a.** The proposed amendment is consistent with the General 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 Zoning Map amendments. The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses and/or development.

• A. General Plan amendments. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.

• B. Zoning Map/Zoning and Subdivision Code amendments. A Zoning Map or Zoning and Subdivision Code amendment shall become effective on the 30th day following the adoption of an ordinance by the Council.