La Palma Municipal Code § 44-669 Method of adoption

Footnotes:

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State Law reference— Procedure for amending a general plan, Government Code § 65350; procedure for amendment to zoning ordinance, Government Code § 65853.

The purpose of this division is to provide procedures for the amendment of the general plan, the zoning map, and this chapter, whenever required by public convenience, health, safety, and general welfare. In addition, State law (Government Code § 65400 et seq.) requires that the general plan be periodically updated.

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— Duties of local planning agency to periodically update general plan, Government Code § 65400 et seq.

Authority for the approval of amendments to the general plan, the zoning map, and this Development Code shall be vested in the City Council. The Community Development Director shall provide written recommendations to the City Council regarding the amendments.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 26, 5-3-2016)

A public hearing in compliance with Division 2 of this article shall be required.

(Ord. No. 2015-01, § 3, 5-5-2015)

Amendments to zoning district designations or text of this chapter that are not consistent with the adopted general plan shall be accompanied by a general plan amendment application.

(Ord. No. 2015-01, § 3, 5-5-2015)

(a) General plan. Amendments to the general plan shall be adopted by resolution of the City Council.

(b) Zoning map and this chapter. Amendments to the zoning map or this chapter shall be adopted by ordinance.

(Ord. No. 2015-01, § 3, 5-5-2015)

The City Council may amend all or part of the general plan, or any element thereof. Zoning districts, specific plans, and other plans of the City that are applicable to the same area or matter affected by the general plan amendment shall be reviewed and amended concurrently as necessary to ensure consistency with the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Upon receipt of the Community Development Director's recommendation, the City Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in section 44-672.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 27, 5-3-2016)

State Law reference— Procedure for modification of proposal or amendment to zoning ordinance by legislative body not previously considered by the Planning Commission, Government Code § 65857.

An amendment to the general plan, zoning map, or this chapter may be approved only if all the following findings can be made. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1) Mandatory required findings for all amendments. The following shall be required for all amendments to the general plan, zoning map, and this chapter:

a. The proposed amendment is consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the general plan.

b. The proposed amendment shall not be detrimental to the public convenience, health, safety, or general welfare of the City.

c. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2) Additional required finding for zoning map amendments. The site is physically suitable, including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints, for the requested zoning designation and anticipated land use development.

(3) Additional required finding for this chapter amendments. The proposed amendment is internally consistent with other applicable provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Except as otherwise provided in State law, no mandatory element of the general plan shall be amended more frequently than four times during a calendar year. Each amendment may include more than one change to the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)