This chapter establishes procedures for amending the General Plan text (e.g., goals, policies, or implementation programs) or to change the General Plan land use designation on any parcel(s).

(Ord. No. 2319 N.S., § 11, 1-20-2021)

A general plan amendment may be initiated by motion of the planning commission or city council, by application of property owner(s) of parcel(s) to be affected by the general plan amendment, or by recommendation of the development services director to clarify text, address changes mandated by state law, maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

An application for a general plan amendment shall be filed and reviewed in compliance with Chapter 18.104 (Common Permit Requirements). The application shall include the information and materials required by the development services department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner it is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.115.060 (Findings for Approval).

(Ord. No. 2319 N.S., § 11, 1-20-2021)

A.

General. The planning commission shall hold a public hearing on a proposed general plan amendment in compliance with Section 18.104.090 (Notice of Hearings).

B.

Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed general plan amendment, based upon the findings specified in Section 18.115.060 (Findings for Approval). The planning commission shall forward a written recommendation, and the reasons for the recommendation, to the city council within ninety days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C.

Denial. The planning commission may deny the proposed general plan amendment based upon the findings specified in Section 18.118.060 (Findings for Approval). For a land use diagram amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the city clerk within ten days after the planning commission recommendation is filed with the city council.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

A.

General. After receipt of the planning commission's recommendation to approve a proposed general plan amendment, the city council shall hold a public hearing on the proposal in compliance with Section 18.104.090 (Notice of Hearing).

B.

Approval or Denial. The city council may approve, conditionally approve, or deny the proposed general plan amendment based upon the findings specified in Section 18.115.060 (Findings for Approval).

C.

Finality of Action. The action by the city council shall be made by a majority vote of the total membership of the city council and shall be final and conclusive.

D.

Referral to Planning Commission. If the city council proposes to adopt a substantial modification to the general plan amendment not previously considered by the planning commission, the proposed modification shall be first referred to the planning commission for its recommendation.

E.

Failure to Report. The failure of the planning commission to report back to the city council within forty days after the reference, or within the time set by the city council, shall be deemed a recommendation of approval.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

The city council may approve a general plan amendment only if all of the following findings are made:

A.

The city council must find that the proposed amendment meets the letter and intent of the general plan goals and policies.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

A general plan amendment becomes effective immediately following the approval of the resolution by the city council.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

If the city denies a general plan amendment, the city may not accept an application for the same or substantially similar general plan amendment for one year following such denial, except in the following cases:

A.

Upon initiation by the city council or planning commission; or

B.

The application requests a different general plan land use designation than that previously requested.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.

(Ord. No. 2319 N.S., § 11, 1-20-2021)

A.

When Required. Prior to submittal of an application for a general plan Amendment, an application must receive preliminary input from the planning commission on the proposed general plan amendment.

B.

Application. A preliminary review application for a proposed general plan amendment shall be submitted with the development services department in accordance with Chapter 18.104 (Common Permit Requirements). The application shall include, at a minimum, the following information and materials:

1.

A statement describing the proposed project and how it complies with the findings required for the approval of a general plan amendment in Section 18.115.060 (Findings for Approval).

2.

Project plans, diagrams, and graphics as needed to illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the project.

C.

Public Hearing. The planning commission shall consider the preliminary review application and a public hearing noticed in accordance with Section 18.104.090 (Notice of Hearing).

D.

Preliminary input.

1.

The planning commission shall provide preliminary input on project compliance with findings required for the approval of a general plan amendment in Section 18.115.060 (Findings for Approval).

2.

Planning commission input shall not be construed as a recommendation for approval or denial of the project. Any recommendation to the applicant is advisory only and shall not be binding on either the applicant or the city.

(Ord. No. 2319 N.S., § 11, 1-20-2021)