A.

The Jurupa Valley General Plan or any part or element thereof, and any amendment to the plan or any part or element thereof, shall be adopted in accordance with the provisions of Government Code Title 7, Division 1, Chapter 3, Article 5 (Gov. Code Section 65300 et seq.), as now written or hereafter amended, and this chapter. No mandatory element of the General Plan shall be amended more frequently than four (4) times during any calendar year, unless otherwise allowed by Government Code Section 65358. Subject to that limitation, an amendment may be adopted at any time, as determined by the City Council. Each amendment may include more than one change to the General Plan.

B.

The initiation of proceedings for the amendment of the General Plan, or any part or element thereof, shall be conducted in accordance with the provisions of this chapter.

No discretionary permit shall be approved pursuant to this chapter unless it is determined that the permit is consistent with the General Plan.

Capitalized terms in Sections 9.30.040, 9.30.050, 9.30.060 and 9.30.070 shall have the same meanings as set forth in the Jurupa Valley General Plan.

A.

Applicability. This section shall govern the processing of any General Plan amendment which is defined as a Technical Amendment or an Entitlement/Policy Amendment. Technical Amendments involve changes of a technical nature including, without limitation: statistical corrections; mapping error corrections; changes in spheres of influence and city boundaries; changes in Communities of Interest; editorial clarifications that do not change the intent of the General Plan; or appendix information useful in interpreting the General Plan but which does not change the General Plan intent. Entitlement/Policy Amendments involve changes in land use designations or policies that involve land located entirely within a General Plan Foundation Component but that do not change the boundaries of that component. An Entitlement/Policy Amendment may also involve a change in General Plan Policy provided it does not change the Riverside County Vision, a Foundation Component, or a General Planning Principle set forth in General Plan Appendix B.

B.

Initiation of amendment proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the City Council. The City Council may adopt an order initiating amendment proceedings at any time. The adoption of an order by the City Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

C.

Recommendations for the initiation of amendment proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

D.

Private applications for General Plan amendments.

(1)

The owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property, shall have the right to apply for a General Plan amendment without having to request that the City Council adopt an order initiating proceedings for an amendment as detailed in this section. Instead, the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee. Upon submittal of an application, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100.

(2)

The owner of real property, or a person authorized by the owner, seeking to amend the General Plan for any other reason authorized by this section shall be required to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

E.

Amendment proceedings and hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100. If the City Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director.

F.

Findings.

(1)

Technical Amendments. A Planning Commission resolution recommending approval of a Technical Amendment and a City Council resolution approving a Technical Amendment shall include the first finding listed below and any one (1) or more of the subsequent findings listed below:

(a)

The proposed amendment would not change any policy direction or intent of the General Plan.

(b)

An error or omission needs to be corrected.

(c)

A land use designation was based on inaccurate or misleading information and should therefore be changed to properly reflect the policy intent of the General Plan.

(d)

A point of clarification is needed to more accurately express the General Plan's meaning or eliminate a source of confusion.

(e)

A minor change of boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.

(2)

Entitlement/Policy Amendments. A Planning Commission resolution recommending approval of an Entitlement/Policy Amendment and a City Council resolution approving an Entitlement/Policy Amendment shall include the first two (2) findings listed below and any one (1) or more of the subsequent findings listed below:

(a)

The proposed change does not involve a change in or conflict with: the Riverside County Vision; any General Planning Principle set forth in General Plan Appendix B; or any Foundation Component designation in the General Plan.

(b)

The proposed amendment would either contribute to the purposes of the General Plan or, at a minimum, would not be detrimental to them.

(c)

Special circumstances or conditions have emerged that were unanticipated in preparing the General Plan.

(d)

A change in policy is required to conform to changes in state or federal law or applicable findings of a court of law.

(e)

An amendment is required to comply with an update of the Housing Element or change in State Housing Element law.

(f)

An amendment is required to expand basic employment job opportunities (jobs that contribute directly to the city's economic base) and that would improve the ratio of jobs-to-workers in the city.

(g)

An amendment is required to address changes in ownership of land or land not under the land use authority of the City Council.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

Applicability. This section shall govern the processing of Foundation Component Amendments including any General Plan Amendment to change:

(1)

The Riverside County Vision;

(2)

The General Planning Principles set forth in General Plan Appendix B;

(3)

Any Foundation Component of the General Plan except for an amendment to change property to or from the Agriculture Foundation Component which shall be processed in accordance with Section 9.30.070.

B.

Limitation on Foundation Component Amendments. Except as otherwise provided Section 9.30.070, Foundation Component Amendments proposing to change property from one (1) Foundation Component to another may be heard or approved at any time, in compliance with state law, to provide flexibility in response to changing conditions and opportunities in the various Foundation Component areas. However, for any Foundation Component Amendment proposing to change property from one (1) Foundation Component to another which lies within a floodway or has a slope ratio of four to one (4:1) or greater, it shall only be heard or approved as part of the Five-Year General Plan Review Cycle. Additionally, any proposed change to the General Plan Vision or the General Planning Principles set forth in General Plan Appendix B shall only be heard or approved as part of the Five-Year General Plan Review Cycle. The first Five-Year General Plan Review Cycle shall commence in January 2011 and subsequent cycles shall occur at five (5) calendar year intervals thereafter. Property which lies within a floodway or has a slope ratio of four to one (4:1) or greater shall be determined as follows:

(1)

An area shall be considered to be in the floodway if it is designated by FEMA on the Flood Insurance Rate Maps (FIRMS) and as determined by the city Engineer to conform to any adopted map revisions not shown on the latest published FIRMS map.

(2)

An area shall be considered to have a slope of four to one (4:1) or greater pursuant to the following formulation and as determined by the city Community Development Director:

(a)

The parcel of land shall be divided into subareas or cells of approximately one hundred (100) feet by one hundred (100) feet (thirty (30) meters by thirty (30) meters). Within each cell, the slope shall be calculated by the following formula:

(i)

A slope map shall be required. All computations for slope, including a topographic map, shall be prepared and signed by a registered civil engineer or a licensed land surveyor and submitted to the Environmental Administrator. The topographic map shall have a scale of not less than one (1) inch to two hundred (200) feet and a contour interval of not more than ten (10) feet. This topographic map shall include all adjoining land area within one hundred fifty (150) feet of the site boundaries. The map shall depict the slope category of each range of slope gradient so that slopes within the same category are visually recognizable.

(ii)

Land areas with slopes less than a four to one (4:1) that are surrounded on three (3) sides by areas with slopes that are four to one (4:1) or greater shall be included in the area of a site excluded from making foundation component changes.

(iii)

The boundaries of the areas of a site or parcel that are excluded from making foundation component changes shall be verified by the city Engineer.

C.

Initiation of amendment proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the Jurupa Valley City Council, adopted by an affirmative vote of not less than a majority of the entire membership of the Council. The City Council may adopt an order initiating amendment proceedings any time. However, if the amendment involves property within the floodway or that has a slope ratio of four to one (4:1) or greater, the City Council may only adopt an order initiating amendment proceedings during the calendar year of a Five Year General Plan Review Cycle. Additionally, if the amendment proposes a change to the General Plan Vision or the General Planning Principles set forth in General Plan Appendix B, the City Council may only adopt an order initiating amendment proceedings during the calendar year of a Five-Year General Plan Review Cycle. The adoption of an order by the City Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

D.

Recommendations for the initiation of amendment proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

E.

Private applications for the initiation of amendment proceedings.

(1)

The owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property, shall have the right to apply for a General Plan amendment without having to request that the City Council adopt an order initiating proceedings for an amendment as detailed in this section. Instead, the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee. For applications proposing to amend a Foundation Component on property that lies within the floodway or has a slope ratio of four to one (4:1) or greater, or for any amendment to the General Plan Vision or the General Planning Principles set forth in General Plan Appendix B, the Community Development Director shall establish an application period of not less than thirty (30) days during the calendar year of each Five-Year General Plan Review Cycle during which time applications will only be accepted. Upon submittal of an application, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100.

(2)

The owner of real property, or a person authorized by the owner, seeking to amend the General Plan for any other reason authorized by this section shall be required to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. For applications proposing to amend a Foundation Component on property that lies within the floodway or has a slope ratio of four to one (4:1) or greater, or for any amendment to the General Plan Vision or the General Planning Principles set forth in General Plan Appendix B, the Community Development Director shall establish an application period of not less than thirty (30) days during the calendar year of each Five-Year General Plan Review Cycle during which time applications will only be accepted. The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

F.

Amendment proceedings and hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100. If the City Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director.

G.

Findings. A Planning Commission resolution recommending approval of a Foundation Component Amendment and a City Council resolution approving a regular Foundation Component Amendment shall include findings, based on substantial evidence, that justifies modifying the General Plan, that the modifications do not conflict with the overall Vision articulated in the General Plan, and that it would not create an internal inconsistency among the elements of the General Plan. However, a Planning Commission resolution recommending approval of a Foundation Component Amendment on property that lies within the floodway or has a slope ratio of four to one (4:1) or greater, and a City Council resolution approving a Foundation Component Amendment on property that lies within the floodway or has a slope ratio of four to one (4:1) or greater, shall include findings, based on substantial evidence, that new conditions or circumstances disclosed during the review process justifies modifying the General Plan, that the modifications do not conflict with the overall vision articulated in the General Plan, and that it would not create an internal inconsistency among the elements of the General Plan. Finally, a Planning Commission resolution recommending approval of an amendment to the General Plan Vision or the General Planning Principles set forth in General Plan, Appendix B, and a City Council resolution approving an amendment to the General Plan Vision or the General Planning Principles set forth in General Plan, Appendix B, shall include findings, based on substantial evidence, that new conditions or circumstances disclosed during the review process justifies modifying the General Plan, that the modifications do not conflict with the overall vision articulated in the General Plan, and that it would not create an internal inconsistency among the elements of the General Plan.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

Applicability. This section shall govern the processing of Foundation Component Amendments not in compliance with Section 9.30.050 because they involve extraordinary circumstances. These may include amendments to:

(1)

The Riverside County Vision;

(2)

The General Planning Principles set forth in General Plan Appendix B; or

(3)

Any Foundation Component of the General Plan except for an amendment to change property to or from the Agriculture Foundation Component which shall be processed in accordance with Section 9.30.070.

B.

Initiation of amendment proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the City Council. The City Council may adopt an order initiating amendment proceedings at any time. The adoption of an order by the City Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

C.

Recommendations for the initiation of amendment proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

D.

Private applications for General Plan amendments.

(1)

The owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property, shall have the right to apply for a General Plan amendment without having to request that the City Council adopt an order initiating proceedings for an amendment as detailed in this section. Instead, the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee. Upon submittal of an application, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100.

(2)

The owner of real property, or a person authorized by the owner, seeking to amend the General Plan for any other reason authorized by this section shall be required to request that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, shall supply all required information, and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The Community Development Director shall prepare a report and recommendation on all such applications and shall submit the report and recommendation to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

E.

Amendment proceedings and hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100. If the City Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director.

F.

Findings. A Planning Commission resolution recommending approval of an Extraordinary General Plan Foundation Component Amendment and a City Council resolution approving an Extraordinary General Plan Foundation Component Amendment shall include the first two findings listed below and any one or more of the subsequent findings listed below:

(1)

The foundation change is based on substantial evidence that new conditions or circumstances disclosed during the review process justify modifying the General Plan, that the modifications do not conflict with the overall Riverside County Vision, and that they would not create an internal inconsistency among the elements of the General Plan. The foregoing requirement for findings shall not apply to any amendment to the Riverside County Vision.

(2)

A condition exists or an event has occurred that is unusually compelling and can only be rectified by making changes in the current Riverside County Vision, General Planning Principles set forth in General Plan Appendix B, or Foundation Component.

(3)

An unconstitutional taking of property might occur without the amendment, and the amendment alters the General Plan Foundation Component only to the extent necessary to avoid the potential taking.

(4)

A natural or manmade disaster or public emergency has occurred that warrants a change in General Plan Foundation Component designations in order to protect the public health, safety or welfare.

(5)

A Foundation Component Amendment is required to conform to changes in state or federal law, or applicable findings of a court of law.

(6)

An amendment is required to comply with an update of the Housing Element or change in State Housing Element law.

(7)

A Foundation Component Amendment is required to significantly expand basic structural employment (such as industrial, agricultural processing, and research and development), excluding retail, service commercial, warehousing, and residential uses not ancillary to the primary employment use.

(8)

A Foundation Component change is necessary to facilitate implementation of open space or transportation corridor designations arising from the adopted MSHCP or Community Environmental Transportation Acceptability Program (CETAP) programs that could not be accomplished by a lesser change in the General Plan.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

Applicability. This section shall govern the processing of any General Plan amendment to change property to or from the Agriculture Foundation Component.

B.

General authorization for Agricultural Foundation Component Amendments.

(1)

All amendments pursuant to this section shall be assigned to a two and one-half (2½) Year Agricultural Foundation Amendment Cycle based on the date of amendment adoption. The first two and one-half (2½) Year Cycle commenced January 1, 2004 and ended on June 30, 2006; the second two and one-half (2½) Year Cycle extends from July 1, 2006 to December 31, 2008; and subsequent two and one-half (2½) Year Cycles shall continue in the same manner for two and one-half (2½) year periods thereafter.

(2)

The Community Development Director shall determine the total acreage of land within the Agricultural Foundation Component as of January 1, 2004 (the "Agricultural Foundation Base Acreage"), the areas covered by all other Area Plans.

(3)

During the first two and one-half (2½) Year Agricultural Foundation Amendment Cycle, seven (7) percent of the Agricultural Foundation Base Acreage for each of the areas listed in subsection (B)(2) of this section shall be generally authorized for conversion from the Agriculture Foundation Component to any other Foundation Component (the "Agricultural Amendment General Authorization Acreage"). During each subsequent two and one-half (2½) Year Agricultural Foundation Amendment Cycle, the Agricultural Amendment General Authorization Acreage for each area listed in subsection (B)(2) of this section shall consist of an acreage equal to the Agricultural Amendment General Authorization Acreage for the first two and one-half (2½) Year Agricultural Foundation Amendment Cycle plus the Agricultural Amendment General Authorization Acreage for all subsequent two and one-half (2½) Year Agricultural Foundation Amendment Cycles reduced by the acreage of all General Plan amendments adopted after January 1, 2004 (except General Plan amendments adopted pursuant to subsection (G) of this section) converting land from the Agriculture Foundation Component to any other Foundation Component for each such area.

(4)

Unless otherwise allowed as provided in subsection (G) of this section, no amendment pursuant to this section shall be approved by the City Council if such approval would result in a conversion from the Agriculture Foundation Component to any other Foundation Component in excess of the Agricultural Amendment General Authorization Acreage, as determined under subsection (B)(3) of this section, during any two and one-half (2½) Year Agricultural Foundation Amendment Cycle.

C.

Initiation of amendment proceedings. The initiation of proceedings for any amendment pursuant to this section shall require an order of the City Council, adopted by the affirmative vote of not less than a majority of the entire membership of the City Council. The City Council may adopt an order initiating amendment proceedings at any time. The adoption of an order by the City Council initiating amendment proceedings shall not require a public hearing and shall not imply any such amendment will be approved.

D.

Recommendations for the initiation of amendment proceedings. Either the Community Development Director or the Planning Commission may recommend that the City Council adopt an order initiating proceedings for an amendment pursuant to this section. All such recommendations shall be in writing and shall be submitted to the city Clerk for placement on the City Council agenda as a matter not requiring a public hearing.

E.

Private applications for the initiation of amendment proceedings. The owner of real property, or a person authorized by the owner, seeking to change the property to or from the Agricultural Foundation Component shall have the right to apply for a General Plan amendment without having to request that the City Council adopt an order initiating proceedings for an amendment as detailed in this section. Instead, the owner of real property, or a person authorized by the owner, seeking to change the land use designation on that real property may apply for a General Plan amendment through the Planning Department and pay the required fee. Upon submittal of an application, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100.

F.

Amendment proceedings and hearings. After adoption of an order of the City Council initiating proceedings for an amendment pursuant to this section, the amendment shall be processed, heard and decided in accordance with Sections 9.30.010 and 9.30.100. If the City Council adopts orders initiating proceedings for several amendments pursuant to this section, each such amendment may be processed, heard and decided separately or together with other such amendments as determined by the Community Development Director.

G.

Additional authorization for Agricultural Foundation Component Amendments. Notwithstanding the provisions of subsection (B) of this section, the City Council may approve an amendment which exceeds the Agricultural Amendment General Authorization Acreage for any two and one-half (2 ½) Year Agricultural Foundation Amendment Cycle provided the City Council first determines that any condition or circumstance including, without limitation, any business consideration or undue hardship, justifies the amendment and also determines that adequate infrastructure to serve the land use designations will be available. Prior to approving an amendment as provided in this subsection, the City Council shall first submit the amendment to the Agricultural Task Force for the area where the property subject to the amendment is located for its review and recommendation.

H.

Findings. A Planning Commission resolution recommending approval of an Agricultural Foundation Component Amendment and City Council resolution approving an Agricultural Foundation Component Amendment shall include a finding that the amendment would either contribute to the achievement of the purposes of the General Plan or, at a minimum, not be detrimental to them.

(Ord. No. 2021-09, § 4, 4-15-2021)

Specific plans, and amendments thereto, shall be heard and adopted in accordance with the provisions of Government Code Title 7, Division 1, Chapter 3, Article 8 (Gov. Code Section 65450 et seq.), as now written or hereafter amended, and in accordance with Section 9.30.100. The City Council may, by affirmative vote of not less than a majority of the entire membership of the City Council, order the preparation and hearing of a new specific plan or the amendment of any existing specific plan. Any such order for preparation and hearing shall not imply that any new specific plan or amendment to an existing specific plan will be approved.

A.

The owner of real property, or a person authorized by the owner, shall have the right to request that the city consider a specific plan or an amendment to an existing specific plan for the real property. The right to request consideration of a specific plan or a specific plan amendment does not imply that the specific plan or the specific plan amendment will be approved. Whenever any state law, the Jurupa Valley General Plan or any ordinance requires the adoption of a specific plan as a condition to the approval of a project, an application for a specific plan shall be made pursuant to this section.

B.

Applications shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the fee set forth in County Ordinance No. 671. The application shall supply all required information and shall include the following:

(1)

Wherever a proposed specific plan is for a project subject to the Alquist-Priolo Earthquake Fault Zoning Act (Pub. Resources Code Section 2621 et seq.), a geologic report shall be submitted as required by Chapter 8.45.

(2)

Whenever a proposed specific plan will substantially determine the location of any building sites for structures, a flood protection study shall be submitted with the specific plan along with the fee set forth in County Ordinance No. 671.

C.

A specific plan shall include text and a diagram or diagrams which specify all of the following in detail:

(1)

The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.

(2)

The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan.

(3)

Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

(4)

A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (C)(1), (2) and (3) of this section.

D.

A specific plan shall include a statement of the relationship of the specific plan to the General Plan.

(Ord. No. 2021-09, § 4, 4-15-2021)

Proposals to adopt or amend the Jurupa Valley General Plan, or any part or element thereof, shall be heard in the following manner:

(1)

The Planning Commission shall hold a public hearing on the matter. Notice of the public hearing shall be given pursuant to Section 9.05.040. If the proposed General Plan or amendment to the General Plan would affect the permitted uses or intensity of uses of real property, notice of the public hearing shall also be given pursuant to Section 9.05.050.

(2)

After closing the public hearing, the Planning Commission shall make a recommendation for approval or disapproval within a reasonable time, by resolution, including therein its findings, and transmit it to the City Council with a copy mailed to the applicant, if any. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Planning Commission. If the Commission cannot reach a decision within a reasonable time after closing the hearing, that fact shall be reported to the City Council and shall be deemed a recommendation to deny the proposal.

(3)

Upon receipt of a recommendation of the Planning Commission on adoption or amendment of the General Plan, the city Clerk shall set the matter for public hearing before the City Council at the earliest convenient day and shall give notice of public hearing in the same manner as notice was given of the hearing before the Planning Commission.

(4)

After closing the public hearing, the City Council shall render its decision within a reasonable time. A decision to adopt or amend the General Plan, or any part or element thereof, shall be made by resolution, which resolution shall be adopted by the affirmative vote of not less than the majority of the total membership of the City Council. The City Council may approve, modify or disapprove the recommendation of the Planning Commission; provided, however, that any substantial modification of the Planning Commission's recommendation not previously considered by the Commission shall first be referred to the Commission for its recommendation. The Planning Commission shall not be required to hold a public hearing thereon, and failure of the Commission to report within forty-five (45) days after the reference or such longer period of time as may be specified by the City Council, shall be deemed to be a recommendation for approval of the proposed modification.

(5)

A proposal to adopt or amend any part or element of the General Plan shall not be approved by the City Council until all procedures required by the Jurupa Valley EQA implementing procedures to approve a matter have been completed.

A.

Whenever an application for an implementing project varies from and is not in substantial conformance with an adopted specific plan, an amendment to that specific plan shall be adopted pursuant to the provisions of Section 9.30.080 prior to the approval of the implementing project.

B.

Whenever an application for an implementing project varies from but is in substantial conformance with the adopted specific plan, a determination of substantial conformance shall be issued as provided in this subsection prior to the approval of the implementing project.

(1)

For purposes of this subsection, the term "substantial conformance" shall mean a non-substantial modification of a condition of approval, diagram, or text of the specific plan that does not change the basic design or improvements required and is consistent with the original resolution adopting the specific plan, the conditions of approval, and the specific plan text. Substantial conformance may include a modification or deletion of a condition which will not substantially or adversely affect the underlying purpose for which the condition was initially required, construction of an implementing project out of phase so long as all infrastructure and public facilities required for the intervening phases are provided, a modification of the approved land uses in a phase which does not increase the land use density or intensity in any phase or planning area beyond that allowed by the specific plan or a modification of the project design which improves circulation, protects topographic features, minimizes grading, improves drainage or improves infrastructure.

(2)

An application for a determination of substantial conformance shall be made on forms provided by the Planning Department, shall be accompanied by the fee set forth in County Ordinance No. 671 and shall include the following:

(a)

An accurate and complete description of the modification and how it affects the adopted specific plan, along with any necessary exhibits or diagrams.

(b)

Any other information, exhibits or drawings the Community Development Director may require.

(3)

The Community Development Director shall transmit all such applications to the appropriate agencies for review and comment and shall then forward them, along with a recommendation, to the Planning Commission for decision. A copy of the notice of decision of the Planning Commission shall be mailed to the applicant and to any person who has made a written request therefor. The Community Development Director shall also file a copy of the notice of decision of the Planning Commission with the city Clerk, together with a report of the proceedings, not more than fifteen (15) days after the decision. The city Clerk shall place the notice of decision on the next agenda of the City Council held five (5) or more days after the Clerk receives the notice from the Community Development Director. The decision of the Planning Commission shall be considered final unless the applicant or an interested party files an appeal with the city Clerk accompanied by the fee set forth in County Ordinance No. 671 within ten (10) days after the notice of decision appear on the City Council's agenda. If a timely appeal is filed, the Clerk shall place the matter on the next available agenda, and the City Council shall determine whether the determination of substantial conformance should be made. An application for a determination of substantial conformance shall not require a noticed public hearing; however, if the Community Development Director, the Commission, or the City Council decides that notice of the application should be given, notice shall be given at the applicant's expense in the manner provided for by Sections 9.05.040 and 9.05.050. Whenever such a decision requiring notice is made, no further action shall be taken on the application until proper notice has been given. The Commission or City Council may, at their discretion, allow testimony to be given on the proposed modification.

(4)

An application for a determination of substantial conformance may be approved only if the following findings are made:

(a)

That the project as modified meets the intent and purpose of the adopted specific plan; and

(b)

That the project as modified is consistent with the findings and conclusions contained in the resolution adopting the specific plan.

C.

Notwithstanding any other provision in this section to the contrary, and even if the application for a determination of substantial conformance otherwise could be approved under this section, an applicant may be required to process a specific plan amendment pursuant to the provisions of Section 9.30.090 if it is determined that an amendment to the specific plan is required.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

The Planning Department is designated as the planning agency, under the provisions of Government Code Section 65402 and any similar provision of state law, to report on public acquisitions, dispositions, abandonments, and construction, as to conformity with the Jurupa Valley General Plan.

B.

Whenever any city department or a public agency is processing a project that requires a report under the provisions of Government Code Section 65402, or any similar provision of state law, application shall be made to the Community Development Director on forms provided by the Planning Department and shall supply all requested information, including the following:

(1)

The name, address and telephone number of applicant, including information regarding any cooperating or involved agencies.

(2)

The legal basis for the project on an estimated time schedule for development or action to be taken.

(3)

The location, address or legal description of the subject property or area, together with a site plan and description of the proposed project and uses.

(4)

The location of adjacent streets, easements, utilities, and other features, both natural and constructed, that may affect or be affected by the proposal.

(5)

Development plans of any proposed construction, including such structural features as may be required to determine if the proposal is in conformity with the General Plan and any specific plan in effect in the area.

C.

Within forty (40) days after receipt of a completed application, the Community Development Director shall make a report to the applicant as to the conformity of the location, purpose and extent of the proposed project with the General Plan.

D.

Within ten (10) days after the date of mailing or delivery of the report of the Community Development Director, the applicant may appeal, in writing, to the Planning Commission on the form provided by the Planning Department. Upon receipt of a completed appeal accompanied by the fee set forth in Chapter 3.65, the Community Development Director shall set the matter for hearing before the Planning Commission, not less than five (5) nor more than thirty-five (35) days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The decision of the Commission shall be made within thirty (30) days following the close of the hearing, shall be final, and a copy shall be mailed to the appellant.

E.

The provisions of Government Code Section 65402(a) shall not apply to:

(1)

The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

(2)

Acquisitions, dispositions, or abandonments for street widening or alignment projects, provided such projects are of a minor nature.

F.

The provisions of Government Code Section 65402(b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature.

(Ord. No. 2021-09, § 4, 4-15-2021)