The ordinance codified in this chapter is enacted to provide a procedure whereby interested persons may initiate requests to amend the general plan, or to adopt or amend specific plans, affecting property within, or proposed for annexation to, the city.

(Ord. 340 § 1(a), 1977).

Except for Section 17.90.040, the provisions of this chapter shall not apply to amendments to the general plan, or to the adoption of, or amendment to, a specific plan, initiated by the council or the planning commission.

(Ord. 340 § 1(b), 1977).

As used in this chapter:

A.

"General plan" means the general plan of the city, and any of its various elements, as adopted pursuant to the provisions of Government Code Sections 65330 et seq.;

B.

"Specific plan" means any plan adopted for the systematic execution of the general plan, as adopted pursuant to the provisions of Government Code Sections 65450 et seq.;

C.

All other words and phrases used in this chapter shall be defined as set forth in Chapter 17.04.

(Ord. 340 § 2, 1977).

Pursuant to the provisions of Government Code Section 65358, no mandatory element of the general plan may be amended more than four times in any calendar year, unless otherwise authorized by state law. The city council shall adopt by resolution a procedure for determining when general plan amendments will be heard by the planning commission and city council.

(Ord. 938 § 1, 2008).

A.

Any interested person may submit an application to amend the general plan as it may pertain to property within, or proposed for annexation to, the city.

B.

The application shall be made to the city planner, accompanied by the fee specified therefor, and shall contain such information as the planner may require, in such form (including maps, drawings and textual materials) as may be necessary for adequate review. No applications shall be deemed complete until all required information has been submitted.

(Ord. 340 § 3(b), 1977).

A.

The planning commission shall, on the dates prescribed, consider at a public hearing the applications for amendments to the general plan, and any amendment initiated by the council or the planning commission. The hearing may be continued from time to time.

B.

Noticing shall be consistent with the requirements of [Section] 17.02.080.

C.

A recommendation for one or more amendments to the general plan shall be by resolution and shall require the affirmative vote of not less than a majority of the total voting members of the planning commission, as prescribed by the California Government Code.

(Ord. 340 § 3(c), 1977).

(Ord. No. 1061, § 8, 12-13-2016; Ord. No. 1072, § 9, 6-13-2017)

A.

The resolution of the planning commission shall be forwarded to the council.

B.

At its next regular meeting after receipt of the resolution of the planning commission, the council shall set a public hearing on the proposed amendment(s) to the general plan not more than thirty days thereafter and shall give notice consistent with the requirements of [Section] 17.02.080.

C.

On the date set for hearing, the council shall consider the proposed amendment(s) to the general plan. The hearing may be continued from time to time.

D.

Any change or addition made by the council to the recommendation of the planning commission shall be referred to the planning commission for a report as required by Government Code Section 65356.

E.

The council may, after the hearing or after receiving the report on any change or addition, amend the general plan by resolution, as provided by Government Code Section 65357.

(Ord. 340 § 3(d), 1977).

(Ord. No. 1072, § 10, 6-13-2017)

A.

Any person whose application for an amendment to the general plan has been denied by the planning commission may, within ten days of such decision, appeal the action to the council by filing a written notice of appeal with the clerk.

B.

The council shall consider the appeal together with its consideration of other amendments to the general plan approved by the planning commission, if any.

C.

If there are no other proposed amendments before the council, it shall hear the appeal within thirty days of the filing thereof. Whether or not other amendments are pending, if it grants the appeal, it shall be deemed a change or addition within the meaning of Government Code Section 65356. It shall return the matter to the planning commission for its report as required by that section, and shall thereafter consider the matter, upon receipt of the report by the planning commission, as required by Section 17.90.070.

(Ord. 340 § 3(e), 1977).

A.

Any interested person may apply for the adoption of a specific plan to implement the provisions of the general plan.

B.

An application for the adoption of a specific plan shall be made to the city planner, and shall be accompanied by the appropriate fee. Such application shall include such information as the planner may require, in such form (including maps, drawings and textual materials) as may be necessary for adequate review. No applications shall be deemed complete until all required information has been submitted.

(Ord. 340 § 4(a, b), 1977).

A.

The planning commission shall, within thirty days of the receipt of the application, establish a time schedule for the consideration of the application, including one or more public hearings thereon. Such schedule shall provide that the review process will be complete and action shall be taken on the application not more than one hundred twenty days after such schedule is adopted. The time schedule shall automatically be extended if necessary to complete review of any draft environmental impact report on the specific plan as may be required by applicable state law.

B.

The schedule of the planning commission shall include the order of consideration of all aspects of the specific plan (viz: the order in which it will consider circulation, land uses and densities, location of public facilities, implementing regulations, and other matters specified in Government Code Section 65451).

C.

The planning commission shall hold at least one public hearing on the specific plan and provide notice consistent with the requirements of [Section] 17.02.080. The hearing may be continued from time to time.

D.

The recommendation of a specific plan to the council shall be by resolution of the planning commission and shall require the affirmative vote of not less than a majority of its total voting members, as required by Government Code Section 65501.

E.

If the planning commission fails to take final action on the application within the time specified in subsection A, the application shall be deemed denied, unless the applicant consents to an extension of time in which the planning commission may act.

(Ord. 340 § 4(c), 1977).

(Ord. No. 1072, § 11, 6-13-2017)

A.

The recommendation of the planning commission shall be forwarded to the council.

B.

At its next regular meeting after receipt of the recommendation of the planning commission, the council shall set a public hearing on the specific plan not more than thirty days thereafter and shall give notice consistent with the requirements of [Section] 17.02.080.

C.

On the date set for hearing, the council shall consider the proposed specific plan. The hearing may be continued from time to time.

D.

The council may adopt the specific plan by ordinance or resolution.

E.

If the council determines to make any change or addition to the specific plan, it shall return the matter to the planning commission for its report thereon as provided by Government Code Section 65504.

(Ord. 340 § 4(d), 1977).

(Ord. No. 1072, § 12, 6-13-2017)

A.

If the planning commission denies the application for a specific plan, the applicant may appeal to the city council within ten days of the decision by filing a written notice of appeal with the clerk.

B.

At its next regular meeting after receiving the appeal, the council shall set a date to act thereon not more than thirty days thereafter.

C.

On the date set, the council shall hear the appeal and render its decision thereon. The matter may be continued from time to time.

D.

If the council grants the appeal, it shall be deemed a change or addition within the meaning of Government Code Section 65504. It shall return the matter to the planning commission for its report thereon as provided by that section, and shall thereafter consider the matter, upon receipt of the report of the planning commission, as required by Section 17.90.110.

(Ord. 340 § 4(e), 1977).

Any person owning property affected by a specific plan may apply to amend the same. Such amendment shall be processed in the same manner as the adoption of a specific plan.

(Ord. 340 § 5, 1977).

An application to amend the general plan may be processed concurrently with an application to adopt or amend a specific plan.

(Ord. 340 § 6, 1977).