Chapter 17.49 — GENERAL PLAN AMENDMENTS

This chapter establishes procedures for amending the General Plan in a manner consistent with Government Code Section 65350 et seq.

• A. General Plan Land Use Map Amendments. A request for an amendment to the General Plan Land Use Map may be initiated by:

  1. The City Council,

  2. The Planning Commission,

  3. The Development Services Director, or

  4. The owner of the property for which the amendment is sought. For properties under multiple ownership, the application may be initiated only with the approval of owners representing 60 percent or more of the area to be redesignated.

• B. General Plan Text Amendment. A request for an amendment to the text of the General Plan may be initiated by:

  1. The City Council,

  2. The Planning Commission,

  3. The Development Services Director, or

  4. Any resident, property owner, or business owner in the City.

• A. General. An application for a General Plan Amendment shall be filed and reviewed in compliance with Chapter 17.43 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Development Services Department handout for General Plan Amendment applications, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.49.060 (Findings and Decision).

• B. Map Amendments for Properties under Multiple Ownership. A General Plan Land Use Map Amendment application for properties under multiple ownership shall be signed by owners representing 60 percent or more of the area to be redesignated. The application may be withdrawn upon the written application of a majority of all the persons who signed such petition at any time prior to the hearing on the proposed amendment before the City Council.

• C. Referral to Municipalities. Development Services Department staff shall refer all General Plan Map Amendments that affect a municipality's General Plan Planning Area to that municipality for review and comment prior to a public hearing on the proposed amendment.

• A. General. The Planning Commission shall conduct a public hearing on a proposed General Plan Amendment in compliance with Chapter 17.46 (Public Notice and Hearings).

• B. General Plan Text Amendments. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council concerning the proposed amendment, based on the findings identified in Section 17.49.060 (Findings and Decision). The recommendation shall be transmitted to the City Council within 90 days after the date the hearing was closed to the public. A recommendation for approval of an amendment must be supported by a majority of the total membership of the Planning Commission.

• C. General Plan Land Use Map Amendment. The Planning Commission shall forward a written recommendation, and reasons for the recommendation, to the City Council concerning the proposed amendment based on the findings identified in Section 17.49.060 (Findings and Decision). The recommendation shall be transmitted to the City Council within 90 days after the date the hearing was closed to the public. A recommendation for approval of an amendment must be supported by a majority of the total membership of the Planning Commission.

• A. Approval or Denial.

  1. Upon receipt of the Planning Commission's recommendation on the proposed General Plan Amendment, the City Council shall conduct a public hearing in compliance with Chapter 17.46 (Public Notice and Hearings).

  2. The City Council shall take action on the application based on the findings identified in Section 17.49.060 (Findings and Decision).

  3. The action by the City Council shall be by a majority vote of the entire Council and shall be final and conclusive.

• B. Referral to Commission.

  1. If the City Council proposes to adopt a substantial modification to the General Plan Amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation.

  2. Failure of the Planning Commission to report back to the City Council within 40 days following the referral or such other time set by the Council shall be deemed approval by the Planning Commission of the proposed modification.

• C. Adoption by Resolution. If the City Council approves a General Plan Amendment, it shall do so by adoption of a resolution specifying the findings identified in Section 17.49.060 (Findings and Decision). The effective date of the General Plan Amendment shall be the effective date of the resolution approving the General Plan Amendment.

The City Council may approve a General Plan Amendment only if all of the following findings are first made:

• A. The proposed General Plan Amendment is in the public interest.

• B. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.

• C. The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.

• D. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.

A General Plan Amendment becomes effective on the 31st day following the adoption of a resolution by the City Council.

The General Plan may be amended up to four times in a single calendar year.