Chapter 23.84 — LEGISLATIVE AMENDMENTS

This chapter provides procedures for legislative amendments to the general plan, this title, the zoning map, the local coastal program, specific plans, or other amendments, whenever required by public necessity and general welfare.

(Ord. 11-001 § 2, 2011)

Legislative amendments shall be initiated in compliance with this section. An amendment may be initiated by:

• (a) The council, by a resolution of intention;

• (b) The planning commission, by a resolution of intention; or

• (c) The owner of record of a property that is subject to a proposed amendment, by filing an application.

An application for such amendment shall be prepared, filed, and processed in compliance with Chapter 23.72 PGMC (Permit Application Filing and Processing). (Ord. 11-001 § 2, 2011)

After review of a complete application in compliance with Chapter 23.72 PGMC (Permit Application Filing and Processing), the commission and council shall conduct public hearings regarding the amendment. Notice of the hearings shall be given in compliance with Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).

(Ord. 11-001 § 2, 2011)

The planning commission shall forward a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in PGMC § 23.84.060 . If an owner of record initiated the amendment, the provisions of PGMC § 23.86.080 shall also apply.

(Ord. 11-001 § 2, 2011)

• (a) Action to Approve or Disapprove. Upon receipt of the planning commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings in PGMC § 23.84.060 .

• (b) Referral Back to Planning Commission. If the council proposes to adopt any substantial modification to the amendment not previously considered by the planning commission during its hearings, the council, in compliance with Government Code Sections 65356 and 65857 , shall

refer the proposed modification back to the planning commission for its recommendation prior to adoption.

(Ord. 11-001 § 2, 2011)

• (a) Findings for General Plan Amendments. An amendment to the general plan may be approved only if the review authority first finds that:

  • (1) The proposed amendment is internally consistent with all other provisions of the general plan;

  • (2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

  • (3) The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested and anticipated land uses.

• (b) Findings for Zoning Ordinance/Map Amendments. An amendment to the text of these regulations or the zoning map may be approved only if the review authority first makes all of the following findings, as applicable to the type of amendment:

  • (1) Findings required for all zoning ordinance/map amendments:

    • (A) The proposed amendment is consistent with the general plan and, if applicable, the certified local coastal program; and

    • (B) The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

  • (2) Additional finding for zoning ordinance amendments: the proposed amendment is internally consistent with other applicable provisions of these regulations.

  • (3) Additional finding for zoning map amendments: the site is physically suitable (including ability to meet requested zoning regulations, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses.

• (Ord. 11-001 § 2, 2011)

The local coastal program (LCP) or any portion (land use plan or relevant provisions of these regulations) may be amended by the council in compliance with the provisions of this chapter for general plan, zoning ordinance, and zoning map amendments. Amendments to the LCP approved by the council in compliance with this chapter shall be prepared for submittal, filed with the California Coastal Commission, processed, and certified by the California Coastal Commission in compliance with the Coastal Act.

(Ord. 11-001 § 2, 2011)