Milpitas Municipal Code Ch. D.8 General Plan Amendments

The purpose of this Chapter is to establish the procedures required for the adoption or amendment of the General Plan, including the General Plan land use map.

(Ord. No. 38.858, § 4, 9/2/25)

A General Plan Amendment may be initiated in the same manner as a Zoning Amendment, see Section D.6.020 (Applicability).

(Ord. No. 38.858, § 4, 9/2/25)

A General Plan Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and the requirements of this Chapter.

(Ord. No. 38.858, § 4, 9/2/25)

A. Director Evaluation. After a proposed General Plan Amendment has been filed with the Department, the Director shall review the General Plan Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing.

a. Council shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings).

b. Modifications by Council.

(i) The Council may modify any General Plan Amendment recommended by the Planning Commission by making non-substantive changes without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change proposed by the Council that was not discussed by the Planning Commission shall be referred back to the Commission recommendation consistent with California Government Code section 65356 for a report and recommendation.

(ii) When the Council has referred a matter back to the Planning Commission, it shall report back to the Council within 45 days after the date of the Council referral unless the Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 45 days by the Planning Commission, a longer period of time may be requested and the Council may at its discretion grant the request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the Council.

c. The Council's action to approve the General Plan Amendment shall be by resolution.

(Ord. No. 38.858, § 4, 9/2/25)

A General Plan Amendment may be approved only after all of the following findings are made:

A. The proposed General Plan Amendment is internally consistent with all other provisions of the General Plan;

B. Approval of the proposed General Plan Amendment would not result in the General Plan being amended more frequently than four times per calendar year consistent with California Government Code section 65358.

C. The proposed General Plan Amendment serves the public necessity, convenience, and general welfare;

D. The proposed General Plan Amendment is in compliance with California Environmental Quality Act requirements;

E. When considering a reduction of residential density, the proposed General Plan Amendment is in compliance with California Government Code section 65863 either based on a finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or based on identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

F. The proposed General Plan Amendment would not result in a net loss of potential housing units.

A. A General Plan Amendment shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.8.050 (Findings) are made. A General Plan Amendment shall be adopted by an affirmative vote of a majority of the total membership of the Council.

B. The Council's action to amend the General Plan shall become effective on the actual date the Council renders the decision.

(Ord. No. 38.858, § 4, 9/2/25)