230 - GENERAL PLAN AMENDMENTS
A.
Purpose. A general plan amendment is a legislative action by the city council to change the text of the general plan or any map or diagram of the general plan.
B.
Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65350 et seq., of the State Government Code and that such provisions shall be so construed.
C.
Who May Apply.
1.
The owner of the property or by the owner's agent (with written notarized authorization from the owner);
2.
The city council by a majority vote;
3.
The planning commission by a majority vote;
4.
The director; or
5.
An interested party.
D.
Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies as specified in Section 65352 of the State Government Code.
E.
Frequency of General Plan Amendment.
1.
General plan elements specified as mandatory in the State Government Code may be amended pursuant to city council Resolution 2000-77. Each amendment may include more than one (1) change to the general plan.
2.
The limitation on frequency of amendments to the general plan set forth in subsection (E)(1) of this section does not apply to residential development projects with at least twenty-five percent (25%) of the dwelling units to be occupied by persons or families of low or moderate income.
F.
Review Procedures.
1.
General plan amendments shall be approved, approved with modifications or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.100. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council.
2.
Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation with findings to the council.
3.
If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the commission for report back to the council. A public hearing shall not be required for such commission review.
G.
Required Findings. The following findings shall be made by the city council prior to the approval of a general plan amendment:
1.
Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended.
2.
Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare.
3.
General Plan Compatibility. In the case of amendments to the general plan policy diagram, the new designation is compatible with the designations on adjacent properties.
4.
Property Suitability. In the case of amendments to the general plan policy diagram, the new designation is suitable and appropriate for the subject property.
5.
Change in Circumstances. In the case of amendments to the general plan policy diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 9, 2016; Ord. 367 § 1, 2002; Ord. 284 § 1, 1996)
230 - GENERAL PLAN AMENDMENTS
A.
Purpose. A general plan amendment is a legislative action by the city council to change the text of the general plan or any map or diagram of the general plan.
B.
Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with Section 65350 et seq., of the State Government Code and that such provisions shall be so construed.
C.
Who May Apply.
1.
The owner of the property or by the owner's agent (with written notarized authorization from the owner);
2.
The city council by a majority vote;
3.
The planning commission by a majority vote;
4.
The director; or
5.
An interested party.
D.
Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies as specified in Section 65352 of the State Government Code.
E.
Frequency of General Plan Amendment.
1.
General plan elements specified as mandatory in the State Government Code may be amended pursuant to city council Resolution 2000-77. Each amendment may include more than one (1) change to the general plan.
2.
The limitation on frequency of amendments to the general plan set forth in subsection (E)(1) of this section does not apply to residential development projects with at least twenty-five percent (25%) of the dwelling units to be occupied by persons or families of low or moderate income.
F.
Review Procedures.
1.
General plan amendments shall be approved, approved with modifications or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to Section 9.200.100. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council.
2.
Prior to city council review, the planning commission shall hold a public hearing, review the application, and forward a recommendation with findings to the council.
3.
If the council contemplates a modification to the application not previously considered by the planning commission, the proposed modification may be referred to the commission for report back to the council. A public hearing shall not be required for such commission review.
G.
Required Findings. The following findings shall be made by the city council prior to the approval of a general plan amendment:
1.
Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives and policies of the general plan which are not being amended.
2.
Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare.
3.
General Plan Compatibility. In the case of amendments to the general plan policy diagram, the new designation is compatible with the designations on adjacent properties.
4.
Property Suitability. In the case of amendments to the general plan policy diagram, the new designation is suitable and appropriate for the subject property.
5.
Change in Circumstances. In the case of amendments to the general plan policy diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 9, 2016; Ord. 367 § 1, 2002; Ord. 284 § 1, 1996)