A. The
purpose of this chapter is to establish the process and requirements
to amend this title, the general plan, and the local coastal program,
including amendments to the boundaries of land use designations and
zones.
B. The
process and requirements established by this chapter regarding amendments
to the local coastal program are intended to be consistent with and
shall not supersede the requirements of the California Coastal Act.
(Ord. CS-178 § XCIX, 2012)
A. Amendments
to this title, the general plan, or local coastal program may be initiated
by:
1. The
verified application of one or more owners of property or building
proposed to be changed or reclassified;
2. Resolution
of intention of the City Council;
3. Resolution
of intention of the Planning Commission;
(Ord. CS-178 § XCIX, 2012)
A. An
application to amend this title, the general plan, or local coastal
program shall:
1. Be
made in writing on a form provided by the City Planner;
2. State
fully the circumstances and conditions relied upon as grounds for
the application; and
3. Be
accompanied by all other materials as specified by the City Planner.
B. At
the time of filing the application, the applicant shall pay the application
fee contained in the most recent fee schedule adopted by the City
Council.
C. If the application is applicable to a specific parcel(s) of land, the application shall be made by the owner of the property affected or the owner's authorized agent. This paragraph shall not apply to an amendment initiated by the city. In addition to the provisions of subsection
A of this section, such applications shall also include:
1. Adequate
plans and a legal description of the property involved.
(Ord. CS-178 § XCIX, 2012)
Notice of an application to amend this title, the general plan,
or the local coastal program shall be given pursuant to the provisions
of Sections 21.54.060.A and 21.54.061 of this title.
(Ord. CS-178 § XCIX, 2012)
A. The
City Council may approve or deny amendments to this title, the general
plan, or local coastal program.
1. Before
the City Council decision, the Planning Commission shall hear and
consider the application and shall prepare a recommendation for the
City Council that includes the reasons for the recommendation and
the relationship of the proposed amendment to applicable provisions
of this title, the general plan and local coastal program, and any
applicable master or specific plan.
2. The
City Council shall hear the matter, and after considering the findings
and recommendations of the Planning Commission, may approve, conditionally
approve, or deny amendments to this title, the general plan or local
coastal program.
3. The
City Council may make substantial modifications to the Planning Commission's
recommendation on a proposed amendment to this title, the general
plan, or local coastal program, including modifications not previously
considered by the Planning Commission. The City Council, in its discretion,
may refer said modifications back to the Planning Commission for recommendation.
B. Amendments
to the local coastal program are also subject to approval by the California
Coastal Commission.
(Ord. CS-178 § XCIX, 2012)
When a decision is made pursuant to this chapter, the decision-making authority shall announce its decision in writing in accordance with the provisions of Section
21.54.120 of this title.
(Ord. CS-178 § XCIX, 2012)
A. A decision
of the City Council to amend the general plan or this title is final,
conclusive and shall be effective thirty days after the City Council's
adoption of the resolution (for amendments to the general plan) or
ordinance (for amendments to this title).
B. Within
the coastal zone, the City Council's approval of an amendment to the
local coastal program shall not become effective until the amendment
is approved by the California Coastal Commission, pursuant to Section
30514 of the
Public Resources Code.
(Ord. CS-178 § XCIX, 2012)