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Mission Viejo City Zoning Code

CHAPTER 9

50.- GENERAL PLAN AMENDMENTS

Sec. 9.50.005.- Purpose.

The council may amend the general plan whenever required by public necessity and general welfare.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.010. - Hearings and notice.

Upon receipt in proper form of a general plan amendment application, or upon initiation by the director, commission, or council, and following review by the department, public hearings shall be set before the commission and council. Notice of the hearings shall be given in a manner consistent with chapter 9.56 (Hearings and Appeals).

An applicant for a general plan amendment which requires one or more additional land use applications, shall file all related permit applications concurrently with the amendment request.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.015. - Commission action on amendments.

The commission shall make a written recommendation to the council on the proposed amendment whether to approve, approve in modified form, or deny, based upon the findings contained in section 9.50.030.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.020. - Council action on amendments.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed amendment based upon the findings contained in section 9.50.030.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.025. - Limitation on amendments.

No mandatory element of the general plan may be amended more than four times during any calendar year in a manner consistent with state law (Government Code §§ 65350, 65354.5, and 65358), pursuant to chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.030. - Findings.

An amendment to the general plan may be approved only if all of the following findings are made:

(a)

That the proposed amendment is internally consistent with the general plan.

(b)

That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(c)

That the proposed amendment would maintain the appropriate balance of land uses within the city.

(d)

That the subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested/anticipated land use development(s).

(e)

That a mitigation monitoring program has been adopted, pursuant to state law (Public Resources Code § 21081.6), and chapter 2 (Environmental Quality).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.035. - Applicable regulations.

All applications shall be subject to the applicable provisions of this code, including the procedures located in the following chapters:

(a)

Chapter 9.55 Applications and Fees.

(b)

Chapter 9.56 Hearings and Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)