Chapter 14.04.020 — APPLICATION PROCESS (§ 14.04.020.010 – § 14.04.020.030)

Applications to amend the General Plan shall be accepted in accordance with the following provisions: A.

General Plan amendment applications for non-City-initiated projects may be accepted by the City during two window periods per calendar year. These window periods shall be during the months of March through April and September through October.

B.

An application for a General Plan amendment shall be made on a form specified by the Director of Community Development. The application shall include all items described on the application form, all items described on the supplemental application form, and shall be accompanied by fees set by resolution

of the City Council sufficient to cover costs associated with processing the application and with conducting any related environmental review, as necessary.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

Applications that are withdrawn may be eligible for a refund of fees only in the following instances: A.

Full refund if no action has been taken to review the application materials.

B.

If the City Council declines to initiate an amendment application submitted by a private party, the applicant may receive a partial refund of fees, with the amount to be determined by the Director of Community Development, based upon the total costs of the City's review up to the point of the Council decision.

C.

Partial refund, with the amount to be determined by the Director of Community Development, based upon the total costs of the City's review prior to the City receiving notice that the application is withdrawn.

D.

No refund shall be given after the preparation of a staff report for the Planning Commission or the City Council.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A zoning map amendment or a development-related application may be processed concurrently with a General Plan amendment if the Director of Community Development determines that there are no major conflicting policy issues associated with the amendment. A General Plan amendment application that is processed as a special performance option shall follow the procedures established in this division, except as otherwise required by Chapter 14.04.030 of this code.

A.

Two or more applications may be presented together during the public hearing; however, if approval of the General Plan amendment is necessary to ensure consistency between the General Plan and the accompanying applications, then the General Plan amendment shall be acted upon prior to an action being taken on any other application.

1.

If the Planning Commission is the decision maker for a development-related application filed concurrently with a General Plan amendment, the Planning Commission action shall be as follows:

a.

If a General Plan amendment is filed concurrently with a nonresidential development-related application,

the Planning Commission shall make a recommendation on the General Plan amendment, but shall take an action on the development-related application only after the City Council has approved the General Plan amendment; or

b.

If a General Plan amendment is filed concurrently with a zoning map amendment and a residential development project, the Planning Commission shall make a recommendation on the whole of the project, and the City Council shall approve, approve with modifications, or deny the project.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

Chapter 14.04.030 APPROVAL PROCESS (§ 14.04.030.010 – §

14.04.030.060)

Both the Planning Commission and the City Council shall hold at least one public hearing on a General Plan amendment application, as follows:

A.

Public hearings on the proposed amendments would be scheduled, depending upon the complexity of the proposal, as soon as feasible as determined by the Director of Community Development; B.

Public hearings for City-initiated General Plan amendments may be scheduled at any time at the City Council's discretion;

C.

Notice shall be published in at least one newspaper of general circulation within the jurisdiction of the City at least 10 calendar days prior to the hearing;

D.

Notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a

general explanation of the matter to be considered, and a general description of the location of the real property, if any, that is the subject of the hearing;

E.

If the General Plan amendment application is processed concurrent with an application with noticing requirements different from those described in subsections A through F of this section, then the greater noticing requirements shall apply;

F.

If the proposed amendment would affect the permitted uses or intensity of uses of real property, notice of the hearing shall also be mailed or delivered at least 10 calendar days prior to the hearing to:

1.

The owner(s) of the subject real property, based upon the latest equalized assessment roll, or the owner's duly authorized agent;

2.

The project applicant;

3.

Each local agency expected to provide public facilities or services to the project when the ability to provide such facilities and services may be significantly affected; and

G.

If the number of property owners to whom notice would be mailed or delivered is greater than 1,000, the

City may, in lieu of mailed or delivered notice, provide notice by placing a display advertisement of at least one-eighth page in one newspaper of general circulation at least 10 calendar days prior to the hearing. (Ord. 1972, Repealed and Replaced, 02/22/2022)

The Planning Commission shall, in an expeditious manner, make a recommendation to the City Council on the amendment.

A.

The Planning Commission shall recommend approval, approval with modifications, or denial of an application for a General Plan amendment.

B.

A recommendation for approval shall be made by an affirmative vote of not less than a majority of the total membership of the Commission.

C.

Any action by the Planning Commission that does not constitute a recommendation for approval or denial shall also be forwarded on to the City Council.

D.

An action by the Planning Commission may be appealed to the City Council by any interested party provided an appeal is filed with the City Clerk's office within 10 calendar days of the Commission's action. The appeal shall be filed on a form specified by the City Clerk and accompanied by the required filing fee. A public hearing shall be held on the appeal and notice provided in accordance with Section 14.04.030.010. (Ord. 1972, Repealed and Replaced, 02/22/2022)

Action by the City Council on a General Plan amendment shall be as follows:

A.

The City Council may approve, modify, or reject the recommendation of the Planning Commission. 1.

Any substantial modification proposed by the City Council which was not previously considered by the Commission during its hearing process shall first be referred to the Planning Commission for its consideration and recommendation.

2.

Failure of the Planning Commission to report to the City Council within 45 calendar days of the referral, or within an alternate time set by the City Council, shall be deemed a recommendation for approval.

B.

An action by the City Council shall be by resolution adopted by an affirmative vote of not less than a majority of the total membership of the City Council.

C.

The action taken by the City Council on a General Plan amendment shall be final.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

To approve a General Plan amendment, the City Council shall find that:

A.

The proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan;

B.

The proposed amendment would not be detrimental to the public health, safety, or welfare of the community;

C.

The proposed amendment would maintain an appropriate balance of land uses within the City; D.

The proposed amendment is consistent with the provisions of Division 1 of Title 7 of the California

Government Code pertaining to the amendment, update, or adoption of General Plans; and E.

In the case of an amendment affecting the General Plan Diagram, which designates land uses, the proposed use of the subject site is compatible with adjoining land uses.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

A General Plan amendment shall become effective when adopted by the City Council.

(Ord. 1972, Repealed and Replaced, 02/22/2022)

An application to amend the General Plan which is denied by the City Council or which the City Council declines to initiate shall not preclude another application, similar or otherwise, from being submitted during

the next window filing period. (Ord. 1972, Repealed and Replaced, 02/22/2022)