Porterville Municipal Code § 607.05 Review of Application and Determinations by Zoning Administrator

This article establishes procedures for making changes to the general plan as provided for in state law when there are compelling reasons to do so as a result of changes in conditions or circumstances unforeseen at the time of adoption or last amendment of the general plan. These circumstances include, but are not limited to, changes in state or federal law and problems and opportunities that were unanticipated at the time of adoption or last amendment. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy. (Ord. 1801, 12-3-2013)

The procedures of this article shall apply to all proposals to change the text of the general plan and the diagrams that illustrate the application of its provisions. (Ord. 1801, 12-3-2013)

An amendment may be initiated by the city council or by application of any interested person. (Ord. 1801, 12-3-2013)

A. Application: A qualified applicant shall submit an application for a general plan amendment on a form prescribed by the zoning administrator accompanied by the required fee. The zoning administrator may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B. Coordination With Other Applications: Related applications to be processed concurrently unless the zoning administrator shall otherwise allow any necessary applications for amendments to zoning regulations or for approval of discretionary permits, to be processed simultaneously with the proposed general plan amendment. However, an application for a general plan amendment is not considered to be a development project and so the approval of any associated discretionary permit shall not be subject to the time limits specified in state law for processing such applications until the council approves the general plan amendment and any necessary amendments to this chapter. (Ord. 1801, 12-3-2013)

After determining that an application is complete and environmental review has been conducted, the zoning administrator shall prepare a report and recommendation to the city council on the application for a general plan amendment. (Ord. 1801, 12-3-2013)

The zoning administrator shall schedule the application for hearing by the city council in accordance with the council's schedule for considering general plan amendments. Notice shall be provided in accordance with article 601, "Common Procedures", of this series. (Ord. 1801, 12-3-2013)

A. Hearing: The city council shall conduct a public hearing in conformance with the provisions of article 601, "Common Procedures", of this series.

B. Action: After the conclusion of the hearing, the city council may approve, modify or disapprove the proposed general plan amendment. (Ord. 1801, 12-3-2013)