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Whittier City Zoning Code

CHAPTER 18

02 - GENERAL PLAN

18.02.010 - Charter—Authority.

Under authority of Article II, Section 200, and Article IV of the City Charter, the Council establishes the procedures necessary for the planning commission in exercising its powers and duties prescribed by the City Charter.

(Prior code § 9700)

18.02.020 - Definitions.

A.

"General plan" means the long-term general plan for the development of the city and of land adjacent to the boundaries of the city, such plan to be used by the planning commission and the council in guiding the development of the city and its environs. Any portion of the general plan may be subsequently prepared in detail and adopted as a precise plan. Such general plan shall be adopted by resolution of the planning commission and of the city council. The term "general plan" shall have the same meaning as "master plan."

B.

"Precise plan" means all or any portion of a general plan dealing with any one or more subjects contained in the general plan, but prepared in such detail as will qualify it for enactment by ordinance as a regulatory control. Precise plans may include:

1.

Proposed regulations limiting the use of land and buildings, the height and bulk of buildings, and the open spaces about buildings;

2.

Proposed regulations limiting the location of buildings and other improvements with respect to existing or planned rights-of-way;

3.

Such other matters as will accomplish the purposes of the provisions of this code relating to zoning, including measures designed to insure the execution of the general plan of the city, and including procedure for the administration of such regulations.

(Prior code §§ 9701 and 9702)

18.02.030 - Adoption by planning commission.

The planning commission shall prepare and adopt a long-term, comprehensive general plan for the physical development of the city, and of any land outside its boundaries which in the commission's judgment bears relation to its planning. The plan may be referred to as the general plan and shall be officially certified as the general plan upon its adoption by the planning commission and the council.

(Prior code § 9703)

18.02.040 - Purpose.

The general plan shall be so prepared that all or portions of it may be adopted by the council as a basis for the development of the city.

(Prior code § 9704)

18.02.050 - Content.

The general plan shall consist of a statement covering objectives, principles and standards used to develop it, and shall include all of the following elements:

A.

A land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, recreation, education, public buildings and grounds, and other categories of public and private uses of land;

B.

A statement of the standards of population density and building intensity recommended by the various districts and other territorial units, and estimates of future population growth in the territory covered by the plan, all correlated with the land use element of the plan;

C.

A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other major public utilities and facilities, all correlated with the land use element of the plan. It may also include studies and recommendations concerning parking facilities and building setback lines, and the delineations of such systems on the land, a system of street naming, house and building numbering and such other matters as may be related to the improvement or circulation of traffic;

D.

Supporting maps, diagrams, charts, description materials and reports.

(Prior code § 9705)

18.02.060 - Adoption procedures and amendment conditions.

A general plan as defined may be adopted as follows:

A.

The planning commission shall hold at least one public meeting thereon or any element thereof and shall report its recommendations to the city council by resolution. The entire file of the planning commission pertaining to such recommendations shall be forwarded to the city council for its consideration. Prior to the adoption of a general plan, or any element thereof, the city council shall hold at least one public hearing, at which time interested persons may be heard concerning any matter contained in the general plan or any element being considered. Each such public hearing shall be noticed by publication in the same manner as provided in Section 18.08.040 of this code. The adoption of the general plan or any element thereof shall be by resolution of the city council after the meeting.

B.

Whenever it deems it in the public interest and welfare of the citizens of the city, the city council may initiate a new general plan or new element thereof. In such event the city council shall first refer the proposed new plan, or the proposed new element, to the planning commission for a report. Before making such a report, the planning commission shall hold at least one hearing on the proposed new general plan, notice of which shall be published and given in the manner as provided in Section 18.08.040 of this code. After the receipt of a report and recommendation from the planning commission, the council shall hold at least one public hearing on the proposed new general plan or any new element thereof after notice is given as required above.

C.

The city council may at any time, by resolution or motion duly entered on its minutes, amend, alter, change, add to or take from all or any part, or any element, of an adopted general plan; provided, however, the city council shall not make any change or alteration in the general plan which affects the land use element, or any part thereof, designating the extent of the uses of the land for housing, business, industry, recreation, education and other categories of land used for private purposes, nor amend, alter, change, add to or take from the density and building intensity set forth in the general plan for the various districts or other units as correlated with the land-use element above described, except and on condition that if any change or alteration is deemed advisable by the city council, then the planning commission shall hold at least one public hearing thereon and shall report its recommendation to the city council by resolution. Prior to acting on the proposed change or alteration, as recommended by the planning commission, the city council shall likewise hold at least one public hearing on the proposed change or alteration. The public hearing shall be duly noticed by publication in the same manner as provided in Section 18.08.040. Any change or alteration shall be by resolution adopted by the city council. The city council shall have the right, power and authority, after holding the hearings required in this chapter, to change, alter and modify the general plan or any element thereof affecting land use or land density in such manner as it deems advisable, providing the foregoing procedure is followed.

D.

The city council may change, alter, amend or modify any other part or portion of the general plan without a hearing by the planning commission or by the city council, and as it deems advisable.

(Prior code § 9706)

18.02.070 - Voting requirements.

In every matter coming before the planning commission, the required vote shall be a majority of a quorum without regard to abstentions, but not less than two concurring votes. A quorum shall consist of three members entitled to vote, but shall not be broken by the withdrawal of any member from a meeting after a quorum has been established. A tie vote shall be deemed a denial of any application or other proposed action, if there is not a regular meeting date scheduled prior to any time within which the planning commission is required or directed to act. In all other cases, two tie votes at different meetings shall be deemed a denial.

(Prior code § 9710)

18.02.080 - Certain state requirements declared nonapplicable.

The city council and the city shall not be governed by or required to conform to or with the provisions of Sections 65300 to and including 65506 of the Government Code of the state.

(Prior code § 9707)

18.02.090 - Conformance.

A.

No county shall acquire real property for any purpose, nor dispose of any real property or construct or authorize a public building or structure within the corporate limits of the city, and the state shall not acquire real property nor dispose of any real property nor construct or authorize a public building or structure, unless the same is in conformity with the general plan or an element or part thereof, or unless the planning commission and the city council of the city approves such acquiring and use and amends the general plan accordingly.

B.

A local agency shall not acquire real property or dispose of real property or construct or authorize a public building or structure in the city, unless the same conforms to the general plan, or unless the planning commission and the city council approve after a public hearing of any such acquisition and use which may be contrary to the general plan.

C.

"Local agency" as used in this title means any agency of the state created for the performance of governmental or proprietary functions within a limited boundary.

(Prior code § 9708)

18.02.100 - Precise plan—Adoption and amendment.

The procedure for adoption and amendment of any precise plan and regulation shall be as set forth in this title.

(Prior code § 9709)

18.02.110 - Precise plan—Administration.

The authority for procedures, administrations, application and enforcement of precise plans and regulations shall be governed by the provisions of this chapter and by the provisions of this title.

(Prior code § 9711)

18.02.120 - Hearings.

Hearings held by the planning commission pursuant to Sections 18.02.060 through 18.02.120 shall be subject to the provisions of Section 18.08.040 of this code.

(Prior code § 9712)

18.02.130 - Street dedication and improvement regulations adopted.

The provisions of Chapter 12.16 of this code are incorporated by reference into this chapter and shall be deemed, for all purposes, to be zoning regulations, and shall be enforced as such.

(Prior code § 9405)