Chapter 15.78 GENERAL PLANS, SPECIFIC PLANS AND ZONE CHANGES

Chapter 15.78
GENERAL PLANS, SPECIFIC PLANS AND ZONE CHANGES

Sections:

15.78.010 Purpose and intent.

The purpose and intent of this chapter is to provide rules and procedures for the review of proposed amendments to the general plan text and maps, changes to the zoning code text and official zoning map, and the adoption of specific plans. [Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.78.020 General plan amendments.

A. Purpose. A general plan amendment is a discretionary action by the city council to change the text or any map or diagram of the general plan.

B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with California Government Code Section 65350 et seq. governing the preparation, adoption and amendment of general plans.

C. Who May Apply. The following parties may apply for or initiate consideration of a general plan amendment:

1. The city council.

2. The planning director.

3. The owner of property or the owner’s agent (with notarized authorization from the owner) may apply for a general plan amendment to change the land use designation or other general plan provision affecting the owner’s property.

D. Development Agreement Required. For project applications which require a general plan amendment accompanied by a site development permit or a use permit, a concurrent development agreement application pursuant to AVMC 15.82.010 shall also be required.

E. Referral for Review and Comment. Proposed general plan amendments shall be referred to the persons and agencies specified in California Government Code Section 65352 for review and comment.

F. Frequency of General Plan Amendments.

1. General plan elements specified as mandatory in the state Government Code shall be amended no more than four times during each calendar year. Each amendment may include more than one change to the general plan.

2. The limitation on frequency of amendments to the general plan set out in subsection (F)(1) of this section does not apply to: (a) residential development projects with at least 25 percent of the dwelling units to be occupied by persons or families of low or moderate income; or (b) other situations exempted per California Government Code Section 65358, as amended or superseded.

G. Review Procedures. General plan amendments shall be approved, approved with modifications, or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to AVMC 15.70.070. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council.

H. Required Findings. The following findings shall be made by the city council prior to the approval of a general plan amendment:

1. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare.

2. Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives, and policies of the general plan which are not being amended.

3. Land Use Compatibility. In the case of amendments to the general plan land use policy map, the new designation is compatible with the designations on nearby properties.

4. Property Suitability. In the case of amendments to the general plan land use policy map, the new designation is suitable for the location, access, visual character and topography of the subject property. [Ord. 2012-141 § 29; Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.78.030 Specific plans.

A. Purpose. A specific plan is a detailed plan covering a selected area of the city for the purpose of implementation of the general plan.

B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with California Government Code Section 65450 et seq. governing the preparation, adoption and amendment of specific plans.

C. Who May Apply. The following parties may apply for or initiate consideration of a specific plan or specific plan amendment:

1. The city council.

2. The planning director.

3. The owner of property or the owner’s agent (with notarized authorization from the owner) may apply for a specific plan or specific plan amendment on the owner’s property.

D. Review Procedures. Specific plans and specific plan amendments shall be approved, approved with modifications, or denied by ordinance or resolution of the city council after receipt of testimony at a public hearing held pursuant to AVMC 15.70.070. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council.

E. Ahwahnee Principles. When a specific plan is prepared, or amended, the following principles shall be incorporated into the specific plan, when applicable:

1. Community Principles.

a. All planning should be in the form of complete and integrated communities containing housing, shops, work places, schools, parks and civic facilities essential to the daily life of the residents.

b. Community size should be designed so that housing, jobs, daily needs and other activities are within easy walking distance of each other.

c. As many activities as possible should be located within easy walking distance of transit stops.

d. A community should contain a diversity of housing types to enable citizens from a wide range of economic levels and age groups to live within its boundaries.

e. Businesses within the community should provide a range of job types for the community’s residents.

f. The location and character of the community should be consistent with a larger transit network.

g. The community should have a center focus that combines commercial, civic, cultural and recreational uses.

h. The community should contain an ample supply of specialized open space in the form of squares, greens and parks whose frequent use is encouraged through placement and design.

i. Public spaces should be designed to encourage the attention and presence of people at all hours of the day and night.

j. Each community or cluster of communities should have a well-defined edge, such as agricultural greenbelts or wildlife corridors, permanently protected from development.

k. Streets, pedestrian paths and bike paths should contribute to a system of fully connected and interesting routes to all destinations. Their design should encourage pedestrian and bicycle use by being small and spatially defined by buildings, trees and lighting; and by discouraging high speed traffic.

l. Wherever possible, the natural terrain, drainage and vegetation of the community should be preserved with superior examples contained within parks or greenbelts.

m. The community design should help conserve resources and minimize waste.

n. Communities should provide for the efficient use of water through the use of natural drainage, drought tolerant landscaping and recycling.

o. The street orientation, the placement of buildings and the use of shading should contribute to the energy efficiency of the community.

2. Regional Principles.

a. The regional land-use planning structure should be integrated within a larger transportation network built around transit rather than freeways.

b. Regions should be bounded by and provide a continuous system of greenbelt/wildlife corridors to be determined by natural conditions.

c. Regional institutions and services (government, stadiums, museums, etc.) should be located in the urban core.

d. Materials and methods of construction should be specific to the region, exhibiting a continuity of history and culture and compatibility with the climate to encourage the development of local character and community identity.

F. Required Findings. The following findings shall be made by the city council prior to approval of any specific plan or specific plan amendment:

1. Public Welfare. Approval of the specific plan or specific plan amendment will not create conditions materially detrimental to the public health, safety and general welfare.

2. General Plan Consistency. The specific plan or amendment is consistent with the goals, objectives, and policies of the general plan.

3. Land Use Compatibility. The specific plan or amendment is compatible with the zoning and land use on nearby properties.

4. Property Suitability. The specific plan or amendment is suitable for the location, access, visual character and topography of the subject property.

G. Modifications to Specific Plans.

1. Applicability. Proposed modifications to specific plans shall be regulated by provisions contained in the approved specific plan text. If there are no such applicable provisions for modifications in the specific plan, the following provisions shall apply.

2. Minor Modifications. Modifications may be approved administratively by the director if the director determines that proposed modifications are minor in nature and in substantial conformance with the previously approved specific plan text and its goals and policies. The following are examples of the changes which may be construed as minor modifications for purposes of determining substantial conformance:

a. The transfer of up to 10 percent of dwelling units between planning areas, provided the total maximum dwelling unit count for the specific plan is not exceeded.

b. Realignment or modifications to the internal streets servicing the specific plan project area if approved by the public works director or designated representative.

c. Changes in design features such as paving, lighting, fencing, landscaping plans and/or alterations to elevations, floor plans, and site plans.

d. Similar modifications which the planning director deems to be minor in nature.

3. Major Modifications. All modifications to the specific plan which are not determined to be minor in nature shall be deemed a major modification and shall require a formal amendment to the specific plan. Major modifications include changes which entail substantial revisions to building footprints, site or landscape design, building appearance, grading design, parcelization, conditions of approval, new or additional land uses, or similar major project changes. Such major modifications shall be referred to the original decision-making authority for review under the following procedures:

a. Major modifications shall be filed in compliance with the same filing procedures and payment of the filing fee or deposit which is required for an original application.

b. Such modifications shall be processed in the same manner as an original specific plan application. A specific plan may be modified any number of times by the approval of subsequent applications. [Ord. 2014-163 §§ 4 – 6; Ord. 2012-141 § 30; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.78.040 Zone changes and prezoning.

A. Purpose. A zone change is an action by the city council to change the zone designation of a property or properties on the Official Zoning Map. A prezoning is the zoning of property outside the city’s boundaries in anticipation of annexation into the city. For purposes of this code, prezonings are included within the term “zone change.”

B. Applicable State Law. It is intended that the provisions of this section shall be fully consistent and in full compliance with California Government Code Section 65853 et seq. governing zoning amendment procedures.

C. Who May Apply. The following parties may apply for or initiate consideration of a zone change:

1. The city council.

2. The planning director.

3. The owner of property or the owner’s agent (with notarized authorization from the owner) may apply for a zone change on the owner’s property.

D. Development Agreement Required. For project applications which require a zone change accompanied by a site development permit or a use permit, a concurrent development agreement application pursuant to AVMC 15.82.010 shall also be required.

E. Review Procedures. Zone changes shall be approved, approved with modifications, or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to AVMC 15.70.070.

F. Required Findings. The following findings shall be made by the city council prior to approval of any zone change:

1. Public Welfare. Approval of the zone change will not create conditions materially detrimental to the public health, safety and general welfare.

2. General Plan Consistency. The zone change is consistent with the goals, objectives, and policies of the general plan and any applicable specific plan.

3. Land Use Compatibility. The zone change is compatible with the zoning and land use on nearby properties.

4. Property Suitability. The zone change is suitable for the location, access, visual character and topography of the subject property. [Ord. 2012-141 § 31; Ord. 2012-140 § 3 (Exh. A); Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].

15.78.050 Zoning code amendments.

A. Purpose. A zoning code amendment is an action by the city council to change text and/or graphics within this title.

C. Who May Apply. The following parties may apply for or initiate consideration of a zoning code amendment:

1. The city council.

2. The planning director.

3. A resident or property owner within the city.

D. Review Procedures. Zoning code amendments shall be approved, approved with modifications, or denied by ordinance of the city council after receipt of testimony at a public hearing held pursuant to AVMC 15.70.070.

E. Required Findings. The following findings shall be made by the city council prior to approval of any zoning code amendment:

1. Public Welfare. Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare.

2. General Plan Consistency. The code amendment is consistent with the goals, objectives, and policies of the general plan and any applicable specific plan. [Ord. 2012-141 § 32; Ord. 2010-126 § 1 (Exh. A); Ord. 2010-123 § 3 (Exh. A)].