This article establishes a uniform process for the amendment of the General Plan when it is in the public interest to do so.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The procedures in this article apply to all proposals to amend the text or diagrams of the General Plan, including, but not limited to, the land use, building intensity (floor area ratio), height, and residential density maps.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An amendment to the General Plan may be initiated by:
(a)
Any qualified applicant as identified in Article 2 of this chapter, Common Procedures; or
(b)
An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director of Planning and Building.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for an amendment to the General Plan shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, and shall be considered by the City Council with a recommendation from the Planning Commission. It shall be processed in conformance with California Government Code Section 65350 et seq., its approval shall be by resolution, and it is subject to referendum.
(a)
Required Information. In addition to any other application requirements, an application for a General Plan amendment shall include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan's guiding principles and the benefit to the public that will result from approving the proposed change or changes to the Plan.
(b)
Director's Report. The Director shall prepare a report and recommendation to the Planning Commission, which shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this article and the General Plan's guiding principles, and a determination as to whether the proposed amendment will require amendment to other plans that the City Council has adopted.
(c)
Planning Commission Recommendation. The Commission's recommendation shall be forwarded to the City Council for action on the proposed amendment except in the situation specified in Section 9-7.1206(a).
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission in recommending, and the City Council in approving, an amendment to the General Plan, must make all of the following findings:
(a)
The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public.
(b)
The proposed amendment is consistent with the General Plan's guiding principles, unless the guiding principles themselves are proposed to be amended.
(c)
The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless concurrent amendment to those plans is also proposed and will result in consistency.
(d)
The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission shall hold a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures, and shall then vote on its recommendation on the proposed amendment. A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the Commission.
(a)
Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant pursuant to Section 9-7.1203(a), and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council shall not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Article 14 of this chapter.
(b)
All Other Situations. Following the public hearing, the Planning Commission shall submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation shall include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the consistency of the proposed amendment with the General Plan's guiding principles, other provisions of the General Plan, and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the General Plan and consistency with other adopted plans, or to reduce environmental impacts.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
After receiving the report from the Planning Commission, the City Council shall hold a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures. The notice shall include a summary of the Planning Commission recommendation. After the conclusion of the hearing, the City Council may approve, modify, or disapprove the recommendations of the Planning Commission; provided, that any substantial modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within sixty (60) days after the referral, the modification shall be deemed to have been recommended for approval. The City Council's approval of an amendment to the General Plan shall be by resolution, which shall be adopted by the affirmative vote of not less than a majority of the total membership of the Council.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)