Chapter 16.212 — GENERAL PLAN AMENDMENTS

This Chapter 16.212 is established pursuant to Cal. Gov’t Code § 65358 to allow for amendment from time to time of the city's General Plan.

(Ord. 1104, passed 7-19-04)

(A) Applications to amend the General Plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

(B) In the case of a proposed amendment to the General Plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, the majority of owners or their authorized agents shall be required to sign the application.

(C) The City Council or the Planning Commission may initiate an application to amend the General Plan.

(D) No more than four General Plan amendments may be initiated in any one calendar year. Applications by members of the public for such amendments will be considered by the City Council in March, June, September and December of each calendar year. All applications will be processed individually until being forwarded to the City Council. Applications may be combined as necessary to comply with the limited number of times amendments may be considered under state law. The Planning Commission or City Council may initiate an amendment at any time provided the number of amendments to any element of the general plan shall not exceed that allowed by state law. (Ord. 1104, passed 7-19-04)

(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Chapter 16.204 (Public Hearings).

(B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 16, the balance of the General Plan, and development policies of the city.

(C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications.

(D) The Commission's resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council. (Ord. 1104, passed 7-19-04)

(A) Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Chapter 16.204 (Public Hearings) of this Title 16.

(B) At the hearing, the City Council shall review the Commission's recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 16, the balance of the General Plan, and development policies of the city.

(C) The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The Council's action to amend the General Plan shall be by formal resolution.

(D) If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 45 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation.

(Ord. 1104, passed 7-19-04)

Before approving, or conditionally approving, a General Plan amendment, the City Council must make the following findings:

• (A) That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

• (B) That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan;

• (C) That the proposed amendment does not conflict with provisions of this Code;

• (D) In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties; and

(E) Whether the amendment requires voter approval in accordance with either General Plan Section III(F) (the SOAR Initiative) or General Plan Section III(G) (the 81 Acre Initiative). Amendments requiring voter approval cannot become effective without an affirmative vote from a majority of registered voters at a regular or special election. (Ord. 1104, passed 7-19-04; Am. Ord. 1188, passed 2-19-08)