Salinas Municipal Code Div. 12 General Plan Amendments

The purpose of this division is to provide a process to amend the city's general plan. Amendments may be considered appropriate in response to changes in city policies, economic conditions, and other factors affecting Salinas. Figure 37-60.80 illustrates the general plan amendment process.

(Ord. No. 2463 (NCS).)

An application for a general plan amendment shall be initiated by submitting an application to community planning and development pursuant to Division 2: Application Procedures of this article.

(Ord. No. 2463 (NCS).)

No mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.

(Ord. No. 2463 (NCS).)

(a) The city planner shall set the time, date, and location of public hearings.

(b) The city planner shall undertake environmental review in regard to the proposal, and upon completion of such review and a review of the required findings ( Section 37-60.940: Required findings of this division), transmit the application, together with a staff report containing a recommendation to the planning commission and city council, as applicable.

(Ord. No. 2463 (NCS).)

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(a) Public Hearing Required. Following acceptance of an application, the planning commission shall conduct a public hearing for consideration of the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The planning commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision.

(1) Following the conclusion of the public hearing, the planning commission shall make written recommendations to the city council to approve, approve with conditions or modifications, or deny the application as submitted or in modified form and shall make written findings supporting the reason for the recommendation in accordance with Section 37-60.940: Required findings of this division. An affirmative vote of a majority (not less than four votes) of the planning commission's total membership shall be required to forward the recommendation of the city council.

(2) In the event that the planning commission is unable to make a recommendation to the city council on the application because a motion on the application fails to receive an affirmative vote of a majority (not less than four votes) of its total membership resulting in no action being taken by the planning commission, the application shall be forwarded directly to the city council with a record of the planning commission's vote and the proceedings thereon.

(Ord. No. 2463 (NCS).)

(a) Public Hearing Required. After the planning commission makes a recommendation on the application, the city council shall hold a public hearing on the application.

(b) Notice. Notice of a hearing shall be given in accordance with Division 7: Public Hearing Notice of this article.

(c) Public Hearing. The city council shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued without additional public notice.

(d) Decision. Following the conclusion of the public hearing, the city council shall approve, modify, or reject the planning commission's recommendation, provided that a substantial modification not previously considered by the planning commission shall be referred to the planning commission for a written recommendation prior to consideration of an amendment (such a modification may require additional environmental review in accordance with CEQA if determined applicable by the city planner). Prior to adoption of an amendment, the city council shall make written findings in Section 37-60.940: Required findings of this division. An affirmative vote of not less than four votes of the city council's total membership shall be required for the decision to be final. The failure of the planning commission to report within forty-five days after the referral or within such time as is set by the city council, shall be deemed a recommendation for approval in accordance with Government Code Section 65356.

(Ord. No. 2463 (NCS).)

The planning commission, prior to making written recommendations to the city council, and the city council, prior to approving or approving with conditions or modifications a proposed general plan amendment, shall on the basis of the application and testimony submitted make all of the following findings:

(a) The proposed general plan amendment is consistent with all other goals, policies, programs, and land uses of applicable elements of the general plan; and

(b) The proposed general plan amendment promotes the public necessity, convenience, and general welfare.

(Ord. No. 2463 (NCS).)

The planning commission or the city council, as part of their consideration and evaluation of the application, may determine the public interest would be served by:

(a) Revising the boundaries of an area proposed for a general plan amendment;

(b) Considering general plan designations not originally presented in a motion, application, or planning commission's recommendation; and

(c) Considering general plan texts not originally presented in a motion, petition, or planning commission's recommendation.

(Ord. No. 2463 (NCS).)