Chapter 17.62
RECLASSIFICATIONS AND AMENDMENTS1
Sections:
17.62.040 Public Hearings and Notice.
17.62.050 Inapplicability to Urgency Ordinance.
17.62.060 Amendments to the Local Coastal Program.
17.62.010 Purpose.
The purpose of this chapter is to establish a local process for the review and adoption of the zoning code, specific plans, General Plan, and the Coastal Plan, and for the review and adoption of amendments to said planning documents. Should any of these local procedures conflict with statutory or constitutional requirements, they shall be considered inoperative and the process shall be as established by the City Attorney. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.62.020 Initiation.
A. Initiation by the City. The City Council, Planning Commission, or the Department of Community Planning and Building may initiate a project to adopt or amend planning documents. When initiated by the City, no letter, application or fee shall be required, but all procedures for public notice, evaluation and environmental review shall apply.
B. Initiation by Others. Any firm, person or corporation, whether owning real property or not, may initiate the process of adoption or amendment of planning documents. To initiate this process, applicants must file a letter and application explaining the type of action requested. The Director may require additional information before the application is considered complete, including the reasons for the request, proposed text, map(s) or diagrams and other information deemed necessary for an understanding and evaluation of the request. The City Council may, by resolution, establish fees required for the processing of such applications. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.62.030 Evaluation.
All proposed actions to adopt or amend planning documents shall be presented to the Planning Commission for review. All proposed actions to rezone land shall require a written analysis and recommendation by the planning staff. At the conclusion of Planning Commission review, recommendations shall be forwarded to the City Council as to whether the documents or amendments should be adopted, not adopted, or adopted with modifications. The City Council may establish a time limit of not less than 40 days for the Commission to conclude its review. Projects initiated by others need not be forwarded to the City Council if they are withdrawn or abandoned by the initiator(s). (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.62.040 Public Hearings and Notice.
All proposed actions to adopt or amend zoning boundaries and/or specific plans shall require public notice as established in CMC 17.52.110, Notice of Public Hearing. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.62.050 Inapplicability to Urgency Ordinance.
No provision of CMC 17.60.020, 17.60.030 and 17.60.040 shall apply to adoption of urgency ordinances by the City Council, which shall be governed exclusively by California statutes. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.62.060 Amendments to the Local Coastal Program.
A. Contents of LCP Amendment Submittal. The LCP amendment submittal shall include at a minimum:
1. A summary of the measure taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP amendment process; a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP amendment; and copies or summaries of significant comments received and of the local government or governing authority’s response to the comments.
2. All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act. Written documents should be readily reproducible. An amendment to a land use plan shall include, where applicable, a readily identifiable public access component.
3. A discussion of the amendment’s relationship to and effect on the other sections of the certified LCP.
4. An analysis of the potential significant adverse cumulative impacts on coastal resources and access of existing and potentially allowable development proposed in the LCP.
5. Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP.
6. An indication of the zoning measures that will be used to carry out the amendment to the land use plan (unless submitted at the same time as the amendment to the land use plan). (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Code 1975 § 1331, Ords. 159 C.S. and 96-3.