This chapter provides procedures for the amendment of the general plan, the zoning map, and this title whenever the council determines public necessity and general welfare require an amendment.
(Ord. 205 § 1 (Exh. A), 2003)
A.
General Plan Policy on Amendments. As provided by the general plan, it is the policy of the town to not consider individual requests for amendments to the general plan land use diagram and policies affecting private property, except as part of the periodic review of the plan by the town, unless the proposed amendments clearly offer community-wide public benefits.
B.
Consideration of Private Amendments. An individual property general plan amendment that is proposed other than during a periodic review of the general plan by the town will be considered at a council meeting prior to the formal processing of the amendment (i.e., environmental determination, staff review and the preparation of a staff report and recommendation, and public hearings before the commission and council). The purpose of this initial consideration will be for the council to determine whether the proposed amendment clearly offers community wide public benefits as required by the general plan, and whether the council wishes to initiate the processing of the amendment.
C.
Public Notice of Amendment. If an individual property amendment request is authorized for processing in compliance with subsection (B), the public notice for hearings before the commission and council to consider the amendments shall be mailed to all town property owners, at the expense of the applicant.
(Ord. 205 § 1 (Exh. A), 2003)
The commission shall forward a written recommendation, and reasons for the recommendation, to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings in Section 13.76.060.
(Ord. 205 § 1 (Exh. A), 2003)
A.
Action to Approve/Disapprove. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings in Section 13.76.060.
B.
Referral to Commission. If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred to the commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan amendments) and 65857 (Zoning Map/Ordinance amendments).
(Ord. 205 § 1 (Exh. A), 2003)
An amendment to the general plan, the zoning map, or this title may be approved only if all of the following findings are made, as applicable to the type of amendment.
A.
Findings for General Plan Amendments.
1.
The amendment is internally consistent with all other provisions of the general plan;
2.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the town; and
3.
The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.
B.
Findings for Zoning Map/Ordinance Amendments.
2.
Additional finding for zoning map amendments: The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses and/or development.
(Ord. 205 § 1 (Exh. A), 2003)