Chapter 17.108 — GENERAL PLAN, ZONING MAP, AND ZONING AMENDMENTS

This chapter provides procedures for the amendment of the general plan, the Zoning Map, and this title whenever the Council determines public necessity and general welfare require an amendment.

(1)

General plan amendments may include revisions to goals, policies, actions, land use designations, or text.

(2)

Zoning Map amendments have the effect of rezoning property from one zoning district to another.

(3)

Amendments to this chapter may modify any procedure, provision, requirement, or standard applicable to the development or use of property within the Town.

(4)

Correction of clerical errors also known as scrivener's errors shall be completed administratively, under the direction and at the discretion of the Director. Scrivener's errors are minor mistakes that are made inadvertently and may be readily corrected without objection.

(Code 1990, § 17.112.010; Ord. No. 14-02, § 4, 3-19-2014; Ord. No. 17-10, § 4(exh. A), 11-1-2017)

An amendment of the general plan, the Zoning Map, or this chapter may be initiated by:

(1)

Council. A resolution of intention adopted by the Council;

(2)

Commission. A resolution of intention by the Commission; or

(3)

Property owner. An application from the property owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.

(Code 1990, § 17.112.020; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Application filing. If the amendment is initiated by the filing of an amendment application from the property owner, the application shall be made to the Department on a form provided for that purpose pursuant to Chapter 17.60. All required information and any applicable fees identified on the form shall be provided by the applicant, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.108.060.

(b)

Application processing. The Director, upon finding the application for an amendment complete, shall set the application, together with recommendations, for a public hearing before the Commission. The Commission and Council shall each conduct one or more public hearings regarding the amendment. If the proposed amendment is a general plan amendment, the Director shall make the referrals and engage in the consultations required by Government Code § 65352 et seq.

(c)

Notice and public hearings. Notice of public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.120.

(Code 1990, § 17.112.030; Ord. No. 14-02, § 4, 3-19-2014)

Following conclusion of a public hearing for which notice was provided pursuant to Government Code § 65353 (for a general plan amendment) or Government Code § 65854 (for a Zoning Map or title amendment), the Commission shall make a recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment based on the findings contained in Section 17.108.060 and the written recommendation and findings of the Commission shall be forwarded to the Council. The Commission's recommendation regarding a general plan amendment shall be made with an affirmative vote of a majority of the total membership of the Commission.

(Code 1990, § 17.112.040; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Council action. Upon receipt of the Commission recommendation in compliance with Section 17.108.040, the Council shall conduct a public hearing regarding the amendment. Following conclusion of a public hearing, the Council shall approve, approve in modified form, or deny the application based on the findings contained in Section 17.108.060. A general plan amendment shall be implemented by a resolution adopted by an affirmative vote of a majority of the total membership of the Council.

(b)

Referral to commission. If the Council proposes to adopt substantial modification to the amendment not previously considered by the Commission during its hearing, the proposed modification shall first be referred back to the Commission for its report and recommendation in compliance with Government Code §§ 65356 and 65857.

(Code 1990, § 17.112.050; Ord. No. 14-02, § 4, 3-19-2014)

An amendment to the general plan, the Zoning Map, or this chapter may be approved only after all of the following findings are made, as applicable to the type of amendment:

(1)

Mandatory findings required for all amendments.

a.

The proposed amendment is internally consistent with all other provisions of the general plan and any applicable specific plan or master plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town; and

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act, Public Resources Code § 21000 et seq., (CEQA).

(2)

Additional finding for title amendments. The proposed amendment is internally consistent with other applicable provisions of this chapter.

(3)

Additional finding for Zoning Map amendments. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities for the requested zoning designation and the proposed or anticipated uses or development.

(Code 1990, § 17.112.060; Ord. No. 14-02, § 4, 3-19-2014)

The Council may impose conditions on a Zoning Map amendment where it finds that the conditions are reasonable and necessary to ensure that the Council is able to make the findings identified in Section 17.108.060.

(Code 1990, § 17.112.070; Ord. No. 14-02, § 4, 3-19-2014)

Consistent with Government Code § 65358, no mandatory element of the general plan shall be amended more than four times during any calendar year.

(Code 1990, § 17.112.080; Ord. No. 14-02, § 4, 3-19-2014)