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Barstow City Zoning Code

CHAPTER 19

34.- GENERAL PLAN AMENDMENTS

Sec. 19.34.010.- Purpose.

(a)

An amendment to any element of the General Plan may, in accordance with the procedures set forth in this chapter, be made whenever the public necessity, general welfare, changing urban socio-economic development, or good planning practice justifies such action.

(b)

A proceeding for a General Plan amendment may be initiated:

(1)

By the council through the adoption of a motion, describing the General Plan element affected and the nature of the amendment proposed, directing the commission to hold a public hearing thereon;

(2)

By the commission on its own through the adoption of a motion describing the General Plan element affected and the nature of the amendment proposed by at least three of the authorized number of the commission; or

(3)

By filing with the commission a General Plan amendment application.

(Ord. No. 934-2015, § 19.34.010, 7-20-2015)

Sec. 19.34.020. - Initial request by applicant.

(a)

Prior to the filing of an application for an amendment to any element of the General Plan, the applicant shall forward a letter, together with applicable fees, to the planning department with the following information:

(1)

Specific General Plan element to be changed;

(2)

Nature of the change for the specific element;

(3)

Reason for the General Plan change;

(4)

Area of land involved in change and location;

(5)

Signature of applicant and date of request,

(b)

The planning commission shall, by majority vote, and within 40 days after receipt of the letter requesting change, either approve the request in principle or deny the request in principle. Approval or denial in principle does not constitute approval of a General Plan amendment, but only determines if further action shall be taken on the request.

(Ord. No. 934-2015, § 19.34.020, 7-20-2015)

Sec. 19.34.030. - Filing procedure.

If an applicant has received an approval, in principle, by the planning commission on a General Plan amendment, he may within 40 days file an application for a General Plan amendment,

(1)

Applications submitted shall be set for public hearing on the nearest General Plan amendment commission hearing listed in section 19.34.040, excepting those applications that are received less than 30 days from the next regularly scheduled General Plan amendment hearing, in which case they shall be heard at the following regularly scheduled General Plan amendment hearing.

(2)

The commission shall cause to be made such investigation of facts bearing on the application that will provide necessary information to ensure that the action on each application is consistent with the intent and purposes of this title.

(Ord. No. 934-2015, § 19.34.030, 7-20-2015)

Sec. 19.34.040. - General plan amendment commission hearing.

(a)

All General Plan amendments shall be processed in accordance with the Government Code.

(b)

All applications must be determined to be complete by the planning department prior to being set for public hearing.

(c)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(Ord. No. 934-2015, § 19.34.040, 7-20-2015)

Sec. 19.34.050. - Publication, mailing of notices.

For publication and mailing of notices, see chapter 19.40.

(Ord. No. 934-2015, § 19.34.050, 7-20-2015)

Sec. 19.34.060. - Commission hearings.

For commission hearings, see section 19.42.010 and Government Code § 65353.

(Ord. No. 934-2015, § 19.34.060, 7-20-2015)

Sec. 19.34.070. - Commission action.

Any recommendation by the commission for a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the commission.

(Ord. No. 934-2015, § 19.34.070, 7-20-2015)

Sec. 19.34.080. - Council action.

(a)

When the commission recommends the approval or denial of the proposed General Plan amendment, it shall transmit the application, together with its report and recommendations to the council for its action.

(b)

(1)

All General Plan amendments shall be processed in accordance with the Government Code.

(2)

Pursuant to Government Code § 65355, the council shall conduct at least one public hearing.

(3)

In all cases, statutory time-frames imposed by the Government Code and California Environmental Quality Act apply.

(c)

The council may, upon receipt of the application and report and recommendations of the commission:

(1)

Approve the General Plan amendment;

(2)

Deny the General Plan amendment;

(3)

Modify the action proposed for a General Plan amendment, in which case it shall be referred back to the planning commission for its report and recommendation on such modification.

(d)

Pursuant to Government Code § 65355, the council must have at least one public hearing prior to approving a General Plan amendment.

(Ord. No. 934-2015, § 19.34.080, 7-20-2015)

Sec. 19.34.090. - Refiling time limit.

For refiling time limit, see section 19.42.030.

(Ord. No. 934-2015, § 19.34.090, 7-20-2015)

Sec. 19.34.100. - Appeals.

For appeals, see chapter 19.44.

(Ord. No. 934-2015, § 19.34.100, 7-20-2015)