The purpose of this chapter is to set forth guidelines and principles
for ensuring that the Lemon Grove zoning ordinances, including the
designation of zoning districts, is compatible with the Lemon Grove
general plan, as required by state law.
The following principles shall be applied when making determinations
as to the consistency of the various zoning districts with the general
plan land use categories:
A. To
the greatest degree possible, zoning districts shall be established
in areas with corresponding general plan land use designations. For
example, the residential low density or RL district should be applied
in those area designated by the general plan as low density residential
and the heavy commercial or HC district should be applied to those
areas designated by the general plan for heavy commercial use.
B. No
zoning district shall be applied where the district's permitted uses
would be more intensive than those indicated by the general plan.
High density residential development is more intensive than low density
residential development, and commercial and industrial development
are more intensive than residential development.
C. Zoning
districts which permit lower intensity use shall not be applied in
area designated by the general plan for higher intensity use if the
lower intensity use would generally preclude the establishment of
a higher intensity use. For example, the residential low density or
RL district should not be applied in those areas where the general
plan has indicated that higher density development would be desirable
and indeed should be encouraged; the construction of single-family
dwelling in these areas would most probably eliminate the possibility
of constructing higher density development on the same site.
Any amendment to the Lemon Grove general plan shall be adopted
in the manner provided in this chapter, in accordance with the state-mandated
procedure.
No mandatory element of the general plan may be amended more
frequently than four times during any calendar year, which amendment
or amendments may occur at any time as determined by the city council.
This section shall not apply to the adoption of any element of the
general plan. This limitation on the frequency of amendment shall
not apply to amendments requested and necessary for single development
of residential units, at least twenty-five percent of which will be
occupied by or available to persons for families of low or moderate
income, as defined by Section 50093 of the
Health and Safety Code.
All general plan amendments shall be consistent with Section 65358
et seq. of the
Government Code.
When it deems it to be in the public interest the city council
may change or add to all or part of the adopted general plan. Any
interested individual or the planning commission may request consideration
of an amendment to the general plan. Such requests shall be presented
to the city council and the council shall determine if the amendment
procedures should be initiated on the request. Upon initiating the
amendment process, the city council shall first refer the proposed
change or addition to the planning commission for a report. Before
making such report the planning commission shall hold at least one
hearing on the proposed change or addition. The planning commission's
report shall be completed not later than ninety days after the referral.
The planning commission shall hold at least one public hearing before approving a general plan amendment. Notice of the time and place of such hearing shall be given in a manner specified in Section
17.28.020. Any hearing may be continued from time to time.
(Ord. 386 § 3, 2009)
The approval by the planning commission of the general plan
amendment shall be by resolution of the commission carried by the
affirmative votes of not less than a majority of its total voting
members. Upon approval by the planning commission of the general plan
amendment, it shall be transmitted to the city council.
Before adopting the general plan amendment, the city council shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in Section
17.28.020. Any hearing may be continued from time to time.
(Ord. 386 § 3, 2009)
In adopting a general plan amendment which has been approved
by the planning commission, the city council shall not make any change
or addition until the proposed change or addition has been referred
to the planning commission for a full report and a copy of the report
has been filed with the city council. Failure of the planning commission
to report within forty days after the reference, or such longer period
as may be designated by the city council, shall be deemed to be approval
of the proposed change or addition. It shall not be necessary for
the planning commission to hold a public hearing on such proposed
change or addition.
The adoption of the general plan amendment shall be by resolution
of the city council.