(1)   The General Plan shall be considered an advisory guide for all land use decisions, the guidance of growth and development occurring in the City, and the provision of required infrastructure and services provided by the City.

   (2)   No amendment to a land use ordinance, zoning districts maps, or official map may be recommended by the commission or approved by the City Council, unless such amendment is found to be consistent with the General Plan. (Ord. 2005-13, 2005)

After the City Council has adopted the General Plan and any amendments thereto, no street, park or other public way, ground, place or space, no publicly owned building or structure, and no public utility, whether publicly or privately owned, may be constructed or authorized until and unless it conforms to the General Plan, as adopted. (Ord. 2005-13, 2005)

   (1)   The City may adopt an official map.

   (2)   An official map does not:

      (a)   Require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in sections 16.03.118 and 16.03.119 of this title; or

      (b)   Require the City to immediately acquire property it has designated for eventual public use as a public street.

   (3)   A Land Use Authority may recommend that an applicant consider and accommodate the location of proposed streets in the planning of a development proposal in a manner consistent with the requirements of sections 16.03.118 and 16.03.119 of this title. (Ord. 2005-13, 2005)

A proposed amendment to the General Plan may be initiated by any property owner, any resident, any business owner, the Council, Commission, Sensitive Lands Committee, Zoning Administrator, or other City staff by filing a General Plan amendment application. An application for an amendment to the General Plan shall be filed with the City by presenting a General Plan amendment application to the Zoning Administrator. (Ord. 2007-35, 2008)

The procedures for the review and consideration of a General Plan amendment application are identified by figure 5-1 as set forth in this chapter.

   (1)   Determination Of Application Completeness: A General Plan amendment application shall be considered by the Zoning Administrator for a determination of application completeness, as provided by chapter 13 of this title.

   (2)   Commission Public Hearing Required: Prior to recommending the adoption, rejection or revision of any General Plan amendment application, the commission shall hold a public hearing in accordance with the procedures of this title and the Act and shall provide a minimum of ten (10) days' notice of such hearing, as required by the Act and chapter 10 of this title.

   (3)   Commission Recommendation: Following the public hearing, the commission shall formulate a recommendation on the General Plan amendment application to the Council.

   (4)   Commission Recommendation Transmitted To Council: After the commission has reviewed the application and made its recommendation, the commission shall transmit to the Council a copy of the commission's recommendation and the meeting minutes, and all other relevant materials of the proceedings before the commission. Following receipt of a copy of the General Plan amendment recommendation from the commission, and all other materials, the City Recorder shall schedule a public hearing with the Council to consider the commission's recommendation of the General Plan amendment application.

   (5)   Council Public Hearing Required: The Council shall consider the General Plan amendment application recommendation of the commission at a public hearing, by providing a minimum of ten (10) days' notice for the required Council public hearing, as required by chapter 10 of this title.

   (6)   Council Action: Following the public hearing, the Council may approve the General Plan amendment application, as presented, revise the proposed amendment and approve the proposed amendment as revised, or reject the proposed General Plan amendment. If the Council approves the proposed amendment as submitted, or as revised, the Council shall adopt the General Plan amendment by ordinance. (Ord. 2007-35, 2008)

As legislative decisions, these decisions follow the decision making standards set forth in section 16.04.102 of this title. (Ord. 2017-02, 2017)

The approval of a General Plan amendment application shall not authorize the development of land. After a General Plan amendment application has been approved by the City Council, no development shall occur until the required approvals, permits and licenses have been issued consistent with the requirements of all land use ordinances, and other ordinances, as applicable. (Ord. 2005-13, 2005)

A proposed amendment to any land use ordinance, land use plan, zoning districts map, or both, or any other official map may be initiated by any property owner, any resident, any business owner, the Council, Commission, Sensitive Lands Committee, Zoning Administrator, or other City staff by filing the appropriate amendment application with the City Zoning Administrator. (Ord. 2017-06, 2017)

The procedures for the review and consideration of a land use ordinance, zoning districts map (except zoning map amendments to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District) and official map amendment applications are identified by figure 5-2 as set forth in this chapter.

   (1)   Determination Of Application Completeness: An application for a land use ordinance, zoning districts map or official map amendment shall be considered by the Zoning Administrator for a determination of application completeness, as provided by chapter 13 of this title.

   (2)   Commission Public Hearing Required: Prior to recommending a land use ordinance, zoning districts map or official map amendment application to the Council, the commission shall consider the application at a public hearing by providing a minimum of ten (10) days' notice of such hearing, as required by the Act, and chapter 10 of this title.

   (3)   Commission Recommendation: Following the public hearing, the commission shall formulate a recommendation on the land use ordinance, zoning districts map or official map amendment application to the Council.

   (4)   Commission Recommendation Transmitted To Council: After the commission has conducted a public hearing, reviewed the application, and made its recommendation, the commission shall transmit to the Council a copy of the commission's recommendation and the meeting minutes, and all other relevant materials of the proceedings before the commission. Following receipt of a copy of the land use ordinance, zoning districts map or official map amendment recommendation from the commission, and all other materials, the City Recorder shall schedule a public hearing with the Council to consider the commission's recommendation of the land use ordinance, zoning map or official map amendment application.

   (5)   Council Public Hearing Required: The Council shall consider the land use ordinance, zoning districts map or official map amendment recommendations of the commission at a public hearing by providing a minimum of ten (10) days' notice for the required Council public hearing, as required by chapter 10 of this title.

   (6)   Council Action: Following the public hearing, the Council may approve the land use ordinance, zoning districts map or official map amendment application, as presented, revise the proposed amendment and approve the proposed amendment as revised, or deny the proposed application. If the Council approves the proposed amendment as submitted or as revised, the Council shall adopt the land use ordinance, zoning districts map or official map amendment by ordinance. (Ord. 2007-35, 2008)

The procedures for the review and consideration of a zoning districts map amendment application to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District are identified by figure 5-3 as set forth in this chapter.

   (1)   Determination Of Application Completeness: An application for a zoning districts map amendment application to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District shall be considered by the Zoning Administrator for a determination of application completeness, as provided by chapter 13 of this title. A zoning districts map amendment application to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District shall not require an application fee.

   (2)   Concurrent Subdivision Or Other Development Application And Review Required: An application to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District shall be considered by the commission and City Council concurrently with a subdivision application or other applicable land use application.

   (3)   Commission Public Hearing Required: Prior to recommending a zoning districts map amendment application to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District to the City Council, the commission shall consider the application at a public hearing by providing a minimum of ten (10) days' notice of such hearing, as required by the Act and chapter 10 of this title.

   (4)   Commission Recommendation: At the meeting when the public hearing is held, or a subsequent meeting, the commission shall formulate a recommendation on the zoning districts map amendment application to establish a Planned Development (PD), Subdivision Enhancement (SE) or Mixed Use (MU) Overlay District to the City Council.

   (5)   Commission Recommendation Transmitted To City Council: After the commission has conducted a public hearing, reviewed the application and made its recommendation, the commission shall transmit to the City Council a copy of the commission's recommendation and the meeting minutes, and all other relevant materials of the proceedings before the commission. Following receipt of a copy of the zoning districts map amendment recommendation from the commission, and all other materials, the City Recorder shall schedule the zoning districts map amendment recommendation of the commission with the City Council for review and action.

   (6)   City Council Action: Concurrent with the review and consideration of a subdivision application or other applicable land use application, the City Council may approve the zoning districts map amendment application, as presented, revise the proposed amendment and approve the proposed amendment as revised, or deny the proposed application. If the City Council approves the proposed amendment as submitted or as revised, the City Council shall adopt the zoning districts map amendment by ordinance. (Ord. 2005-13, 2005)

(Rep. by Ord. 2017-02, 2017)

The approval of a land use ordinance, zoning districts map or official map amendment application shall not authorize the development of land. After an amendment has been approved by the City Council, no development shall occur until the required approvals, permits and licenses have been issued consistent with the requirements of all land use ordinances, and other ordinances, as applicable. (Ord. 2005-13, 2005)

As provided by the Act, and consistent with all requirements and procedures, as contained therein, the City Council may, with or without a public hearing, enact a temporary land use regulation for any part or all of the area within the City, if the City Council makes a finding of compelling, countervailing public interest; or the area is unregulated. (Ord. 2005-13, 2005)

   (1)   An applicant is entitled to action on a land use application by the applicable Land Use Authority if the application conforms to the requirements of all applicable land use ordinances, including this title, in effect on the date the Zoning Administrator determines the land use application to be complete and all fees have been paid unless:

      (a)   The Land Use Authority, on the record, finds a compelling, countervailing public interest would be jeopardized by approving the application; or (Ord. 2005-13, 2005)

      (b)   In the manner provided by this chapter, and before the application is submitted, the City has formally initiated proceedings to amend its land use ordinances, zoning districts map or official maps in a manner that would prohibit approval of the application as submitted. (Ord. 2017-17, 2017)

      (c)   A temporary land use regulation, affecting the land use application, has been enacted by the City Council, as provided by section 16.05.113 of this chapter.

   (2)   A Land Use Authority shall process a land use application without regard to proceedings initiated to amend the land use ordinances, zoning districts map or official maps if:

      (a)   One hundred eighty (180) days have passed since the proceedings were initiated; and

      (b)   The proceedings have not resulted in an enactment that prohibits action on the land use application, as submitted; or

      (c)   One hundred eighty (180) days have passed since the enactment of the temporary land use regulation. (Ord. 2005-13, 2005)

   FIGURE 5-1

   GENERAL PLAN AMENDMENT APPLICATION PROCEDURES

 

   FIGURE 5-2

   LAND USE ORDINANCE, ZONING DISTRICTS MAP AMENDMENT

   (EXCEPT PD, SE, AND MU APPLICATIONS), AND OFFICIAL MAP

   AMENDMENT APPLICATION PROCEDURES

 

   FIGURE 5-3

   ZONING DISTRICTS MAP AMENDMENT APPLICATION PROCEDURES TO

   ESTABLISH A PLANNED DEVELOPMENT (PD), SUBDIVISION

   ENHANCEMENT (SE) OR MIXED USE (MU) OVERLAY DISTRICT

 

   FIGURE 5-4

   COMBINED LAND USE PLAN AND ZONING DISTRICTS MAP

   AMENDMENT APPLICATION PROCEDURES

   (Except PD, SE, And MU Applications)

 

(Ord. 2017-06, 2017)