A.

The purpose of this Chapter is to establish guidelines and procedures for the adoption, maintenance and administration of the General Plan. The General Plan and these procedures are to be consistent with State planning laws (California Government Code Section 65300 et seq.) and State General Plan Guidelines.

B.

The purpose of the General Plan is to set goals, objectives, and policies to guide future growth and development in a manner consistent with the goals and quality of life desired by the citizens of Apple Valley. The General Plan forms the basis for the Town Development Code and other land use regulations, as well as the Town Capital Improvement Program.

The Planning Division shall prepare, the Planning Commission shall develop, maintain and recommend, and The Town Council shall adopt a comprehensive, long-term General Plan for the orderly physical development of the land and the preservation of resources and open space in the Town according to Section 65300 et seq. of the California Government Code, the State General Plan Guidelines, and any other applicable State statutes that may be created and amended from time to time.

A.

Form. The General Plan shall constitute an integrated, internally consistent and compatible statement of land use policies, consisting of:

1.

Maps covering the entire incorporated area of the Town and designating existing and proposed land uses and public facilities.

2.

An integrated policy text for Town-wide application stating goals, objectives, policies, standards, and implementation programs.

B.

Content. The General Plan shall include background data and analysis, required elements, and other optional elements and related planning studies to be utilized for interpretation, explanation, and support of the plan policies and designations.

The General Plan shall be applied and interpreted under the direction of the Director. Where disputes arise over the interpretation of General Plan policies or mapping designations, such interpretation shall be resolved by a majority vote of the Commission based on a report by the Planning Division. Determinations made by the Commission may be appealed to the Council in accordance with the appeal procedures of Section 9.12.250, Appeals, of this Code.

A.

Land Use Regulation. All land use regulations including building, zoning, subdivision and environmental protection regulations shall be consistent with the adopted General Plan. No discretionary land use project, public or private, shall be approved by the Town unless it is found to be consistent with the adopted General Plan.

B.

Public Works Projects. Pursuant to California Government Code Section 65402, No real property shall be acquired by dedication, or otherwise, for street, square, park or other public purpose and no real property shall be disposed of, no public street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, until such project has been submitted to, and reported upon, as to conformity with the General Plan by the Director.

C.

Reviewing Agency. Pursuant to California Government Code Sections 65401 and 65403, The Planning Division is designated as the planning agency to review and report on, and the Commission is designated as the body to make a finding of consistency with the General Plan for public works and capital improvement programs.

A.

Amendment Initiation. A General Plan amendment may be initiated by:

1.

An application by a property owner, an interested party having the owner's authorization, or any member of the general public;

2.

A Resolution of Intention by the Council.

3.

If the Council initiates a change or addition to the General Plan, it shall first refer the matter to the Commission for a recommendation. The Commission shall hold a public hearing after giving notice as required by subsection 9.02.050.E, Notification Process, of this Chapter, and shall make a recommendation to the Council not later than ninety (90) days after the referral;

B.

Amendment Frequency. Each mandatory element of the General Plan shall not be amended more than four (4) times in a calendar year. Each of the four allowed amendments may encompass a variety of different changes to the element.

C.

Consistency Zoning. When a General Plan amendment affects the land use designation of specific properties, those properties are required to be concurrently rezoned to a zoning district(s) as necessary to maintain consistency with the General Plan.

D.

Application Procedures

1.

Application. Application to amend the General Plan shall be made in accordance with subsection 9.02.050.A, Amendment Initiation, of this Chapter, and shall be accompanied by a written description of the proposed amendment and the reasons for the request and by any supporting information as may be available and appropriate or as may be requested by the Director to process the application. General Plan amendments for specific properties shall be accompanied by an application to rezone the property to a zoning district consistent with the proposed amendment.

2.

Fees. Applications for General Plan amendments shall be accompanied by a fee for processing as established by the current Town Planning Fee Schedule.

3.

Processing Agency. General Plan amendments shall be processed by Town Planning Division staff or by a consultant working under contract with the Town.

4.

Environmental Review. A General Plan amendment constitutes a project subject to the provisions of the California Environmental Quality Act (CEQA) and shall be processed according to the CEQA Guidelines and local processing procedures.

E.

Notification Process

1.

Other Agency Notice. Pursuant to Government Code Section 65352, At least forty-five (45) days prior to Council action on a proposed amendment, the Planning Division shall notify the following planning agencies: of every city which abuts the Town, the County, the Local Agency Formation Commission (LAFCO), any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action, and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the Town whose functions include recommending, preparing plans for, or constructing major public works projects.

2.

Public Hearing Notice. Notices of all actions taken pursuant to this Chapter shall be in accordance with the following requirements of California Government Code Sections 65353 and 65090. Notice of a public hearing shall be published in at least one newspaper of general circulation within the Town at least ten (10) calendar days prior to the hearing. Notice shall contain the date, time and place of the public hearing, the review authority conducting the hearing, a general description of the amendment, and a general description (text or diagram) of the location of the property (if any) that is the subject of the hearing.

3.

Notice For Amendments Affecting Land Uses or Intensity.
Notices shall be completed in accordance with Chapter 9.13, Public Hearings and Notice, of this code.

F.

Planning Commission Action. The Commission shall hold at least one public hearing before approving any update or amendment to the General Plan. The Commission may approve the proposed General Plan update or amendment by written recommendation to the Council based on a majority vote of its full membership. The written recommendation of the Commission shall include the following:

1.

The reasons for the recommendation;

2.

A statement of the consistency of the proposal to the other parts of the adopted General Plan; and

3.

A statement of required findings regarding compliance with the California Environmental Quality Act.

G.

Appeal of Planning Commission Action. If the Commission recommends against a proposed amendment to the General Plan, its actions shall be final unless the matter is subsequently considered upon appeal or special consideration by the Council, or unless the amendment was originally referred to the Commission by the Council.

H.

Town Council Action

1.

Public Hearing. After receiving the Commission recommendation, the Council shall hold at least one public hearing on the proposed amendment following public notice. in accordance with subsection 9.02.050, Notification Process, of this Chapter.

2.

Action on Planning Commission Recommendation. The Council may approve, modify, or deny the Commission's recommendation, provided that any modification not previously considered by the Commission shall be referred to the Commission for a recommendation. The Commission is not required to hold a hearing. Failure of the Commission to respond to a Council referral within forty-five (45) days shall constitute their (the Planning Commission's) recommendation for approval.

3.

Required Findings. The Council shall make the following findings in adopting an amendment to the General Plan:

a.

The proposed General Plan amendment is consistent with the goals, policies and standards of all elements of the General Plan and will further those goals, policies and standards;

b.

The General Plan as amended will comprise an integrated, internally consistent and compatible statement of policies for the Town; and

c.

The General Plan amendment furthers the public interest and promotes the general welfare of the Town by providing for a logical pattern of land uses and clarifying various land use policies for the Town.

4.

Adoption. The Council's approval of a General Plan element, update or amendment shall be in the form of a resolution. A General Plan amendment shall be effective upon passage of the Council's resolution ordering such an amendment.

The Planning Division shall prepare and submit to the Council an annual report on the status of the General Plan and progress in its administration and implementation. The report shall be subject to a public hearing by the Council and shall include, but not be limited to, a summary of the following information:

A.

A summary of General Plan amendments processed during the preceding year and those pending review, including those initiated by amendment applications and by referrals from the Commission and Council;

B.

A report on progress in administering and implementing the General Plan including progress in meeting the Town's fair share of regional housing needs pursuant to California Government Code section 65584;

C.

A review of significant policy issues that may have arisen regarding provisions of the General Plan;

D.

Recommendations for amendments to be initiated to maintain an effective, up-to-date General Plan, including policy changes, clarifications and changes in land use allocations and maps;

E.

Pursuant to Government Code Section 65401, the Director shall be responsible for reviewing for consistency with the General Plan all major public works projects of each Town department or commission for the ensuing fiscal year, as well as major public works projects submitted by any special district or school district whose jurisdiction lies wholly or partially within the Town whose functions include recommending, preparing plans for, or constructing major public works projects.