Chapter 17.95
Amendments to Portions of the Coastal General Plan and LUDC That Are Not Part of the Certified LCP
Sections:
17.95.020 Initiation of Amendment
17.95.030 Processing, Notice, and Hearing
17.95.040 Commission Action on Amendment
17.95.050 Council Action on Amendment
17.95.060 Findings and Decision
17.95.010 - Purpose of Chapter
This Chapter provides procedures for the amendment of the non-LCP portions of the Coastal General Plan, and the non-LCP portions of this Development Code, whenever the Council determines public necessity and general welfare require an amendment.
17.95.020 - Initiation of Amendment
An amendment may be initiated by Commission or Council resolution, proposed by the Director, or:
A. In the case of the non-LCP portions of the Coastal Zone General Plan, an amendment may also be initiated by the filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.
B. In the case of the non-LCP portions of Development Code, the Council may also adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858).
17.95.030 - Processing, Notice, and Hearing
Public hearings required. After the filing and initial processing of a proposed amendment in compliance with Chapter 17.70 (Permit Application Filing and Processing), the Planning Commission and Council shall each conduct one or more public hearings regarding the amendment. Notice of a public hearing shall be provided, and hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
17.95.040 - Planning Commission Action on Amendment
After the public hearing, the Planning 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 identified in Section 17.94.060 (Findings and Decision).
17.95.050 - Council Action on Amendment
A. Approval or disapproval. Upon receipt of the Planning Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in Section 17.94.060 (Findings and Decision).
B. Referral to Commission. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with State law (Government Code Sections 65356 and 65857).
17.95.060 - Findings and Decision
An amendment to the Coastal General Plan or this Development Code may be approved only if all of the following findings are made, as applicable to the type of amendment.
A. Findings for Coastal General Plan amendments.
1. The amendment is internally consistent with all other provisions of the Coastal General Plan and any applicable specific plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
3. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
B. Findings for Development Code and Zoning Map text amendments.
1. Findings required for all Development Code and Zoning Map text amendments:
a. The proposed amendment is consistent with the Coastal General Plan and any applicable specific plan; and
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
2. Additional finding for Development Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Development Code.
3. Additional finding for Zoning Map amendments: The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zoning designation and the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
17.95.070 - Effective Dates
A. Coastal General Plan. A Coastal General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.
B. Development Code/Zoning Map. A Development Code/Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council.