Chapter 21.12
PROCEDURES FOR ADOPTION OR AMENDMENT OF PLANS
Sections:
21.12.015 Hearing dates on general plan amendments.
21.12.050 Report of planning commission recommendation to the city council.
21.12.055 Public hearings by city council.
21.12.060 Petition of review to the city council.
21.12.065 Action on the petition of review.
21.12.070 Action by the council.
21.12.075 Appeal – Specific plan matters.
21.12.080 Action by the city council on the appeal.
21.12.010 General.
The general plan of the city of Rancho Cordova or specific plans, and any amendment to such plans, shall be adopted pursuant to the procedures in this chapter. [Ord. 15-2022 § 4 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 1, 1993; SCC 233 § 1 (part), 1975].
21.12.015 Hearing dates on general plan amendments.
The city council shall, by resolution, specify the hearing dates for general plan amendments. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 319 § 1, 1978; SCC 301 § 1, 1977; SCC 233 § 1 (part), 1975].
21.12.020 Initiation.
A. The adoption or amendment of the general plan or a specific plan may be initiated by resolution of intention by the city council or by resolution of intention of the planning commission.
B. The adoption of a specific plan or an amendment to the general plan or specific plan affecting the planning area of a specific plan may be initiated by the city council, the planning commission, or an interested person as provided in this chapter requesting the planning commission to hear the matter.
C. An amendment to the general plan or a community plan may be initiated by the application of an interested person as provided in this chapter.
D. Notwithstanding subsections (B) and (C) of this section, within the area depicted on Exhibit “A,” which is attached to the ordinance codified in this chapter and which is on file with the clerk of the city council, no general plan amendment may be initiated by application of any interested person or resolution of a community council to and from the following land use categories after December 31, 1990, except pursuant to subsection (E) of this chapter, until adoption of the updated general plan or January 1, 1993, whichever is earlier:
|
From the Following Land Use Categories |
To the Following Land Use Categories |
|---|---|
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Recreation, Agricultural-Crop Land, General Agriculture 80, General Agriculture 20, Agricultural-Residential, Urban Reserve, or Agricultural-Recreational Reserve |
Agricultural-Residential or Urban (Low-Density Residential, Medium Density Residential, Commercial and Office, Industrial Intensive and Industrial Extensive) |
E. Notwithstanding subsection (D) of this section, the following general plan amendments may be initiated to and from the land use categories listed in subsection (D) of this section with the consent of the planning director on the director’s written determination that the application or resolution is for an amendment which:
1. Would change the land use categories for an insignificant number of acres and raises no major policy issue; or
2. Would change the land use category for property that is surrounded by and adjacent to existing urban uses and has adequate public services available.
Any determination granting or denying such consent shall identify the particular circumstances justifying the decision. Any determination by the director shall be appealable to the city council by filing a notice of appeal with the clerk not later than 10 calendar days after the director’s determination is mailed to the applicant, accompanied with a payment of a fee of $563.00.
F. Subsection (D) of this section shall not prevent processing of and decisions on general plan amendment requests for which, as of December 31, 1990:
1. A hearing has been scheduled or held before either the city council or planning commission, but the requests were continued to a date certain;
2. A hearing before the city council or planning commission has been scheduled;
3. The environmental document has been completed, as determined by staff;
4. The request has been accepted for processing and the environmental document is being prepared;
5. The request has been accepted for processing but no work has been done on the environmental document;
6. The request has been accepted for processing, all materials requested by the planning department have been received, application fees have been paid, and all fees have been received by that department. [Ord. 15-2022 § 4 (Exh. A); revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 2, 1993; SCC 0817 § 1, 1991; SCC 0715 § 1, 1988; SCC 233 § 1 (part), 1975].
21.12.025 Application.
Application forms for amendments to the general plan and specific plans shall be filed with the secretary on forms provided for that purpose.
A. If the application is to change property from one land use category to another, the application shall be accompanied by the following:
1. A map drawn to scale showing the property for which the change is requested and the exterior property lines of the properties within 500 feet of the exterior boundary lines of the subject property. In any case the map shall show the exterior boundary lines of the nearest property;
2. The names and addresses and assessor’s parcel numbers of the property owners for the properties shown on the map as listed on the latest assessment roll;
3. A filing and investigation fee as specified in RCMC 21.12.030;
4. The existing land use for the properties shown on the map;
5. The adopted and proposed land use categories as shown on the general plan and applicable specific plan of the land for which the reclassification is requested and the surrounding properties;
6. A general description of the proposed use of the subject property;
7. The secretary of the planning commission or the planning director may require additional information necessary to show the need or desirability of the proposed change.
B. If the application is to change the text of the general plan or specific plans, the application shall be accompanied by the following:
1. Citation or reference to the page, section and element of the adopted plan for which the change is proposed;
2. The text of the section for which the change is proposed, showing by interlineation the portions of the text proposed to be deleted, and by underlining the proposed additions to the text;
3. A statement of the reason for and desirability of the proposed change;
4. A filing and investigation fee as specified in RCMC 21.12.030. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 3, 1993; SCC 233 § 1 (part), 1975].
21.12.030 Fee.
A fee shall be charged for the purpose of investigating and processing an application to change land use designations or the text of the general plan or a specific plan. The city council shall by resolution prescribe the fee schedule as provided in this section. [Ord. 15-2022 § 4 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].
21.12.035 Refund of fees.
Fees are not refundable except when all of the following conditions exist:
A. Expenditures have not been made by the city with regard to the application or petition.
B. Investigation has not been made as a result of the application or petition.
C. The application or petition has not been set for public hearing. The determination of the secretary of the planning commission shall be final in all questions relating to refunds. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].
21.12.040 Waiver of fees.
No fee, charge or expense may be waived as to any applicant for amendments pursuant to this chapter. No fee will be required or charged to persons where property is included in a resolution of intention adopted by the planning commission or the city council initiating proceedings pursuant to the provisions of this chapter. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].
21.12.045 Notice of hearing.
Upon receipt of an application or adoption of a resolution of intention adopted pursuant to RCMC 21.12.020, the secretary shall set the matter for hearing before the planning commission, and shall cause a notice of the time and place of said hearing, including general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper of general circulation at least 10 calendar days before the hearing. General plan amendment hearings shall be scheduled consistent with the resolution adopted by the city council as provided in RCMC 21.12.015. In addition to notice by publication, the secretary may give notice of the hearing in such other manner as the planning commission may deem necessary or desirable. Any failure by the secretary to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 233 § 1 (part), 1975].
21.12.050 Report of planning commission recommendation to the city council.
A. After a public hearing has been held by the planning commission, the commission may approve or disapprove the matter being considered. The approval of the planning commission shall be as follows:
1. If the matter is a general plan or any amendment to such plan, the approval shall be by resolution of the commission.
2. If the matter is a specific plan or any amendment to such plan, the approval shall be by memorandum of the planning commission to the city council.
B. Where the matter has been initiated by resolution of the city council, the planning commission shall hold a public hearing as provided in this chapter, and shall report its recommendation to the city council not later than 90 days after the adoption of the resolution by the city council. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 4, 1993; SCC 430 § 1, 1980; SCC 233 § 1 (part), 1975].
21.12.055 Public hearings by city council.
A. Upon receipt of a recommendation of the planning commission for the adoption of the general plan or specific plan, or for an amendment to a specific plan, the clerk of the city council shall set the matter for a public hearing before the city council. When the recommendation is made to amend a mandatory element of the general plan, the clerk of the city council shall set the matter for hearing at the next regular triannual meeting for hearing general plan amendments pursuant to the city council resolution adopted pursuant to RCMC 21.12.015. The clerk of the city council shall cause a notice of the time and place of said hearing, including a general explanation of the matter to be considered and including a general description of the area affected, to be published in a newspaper with general circulation at least 10 calendar days before the hearing. In addition to notice by publication, the clerk of the city council may give notice of the hearing in such other manner as the city council may deem necessary or desirable. Any failure by the clerk to give notice other than by publication shall not invalidate any proceeding pursuant to this chapter.
B. The city council may continue the matter from time to time, or approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of the proposed ordinance or amendment by the city council not previously considered by the planning commission shall first be referred to the planning commission for a report and recommendation on the proposed modification, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 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 modification.
C. The approval and adoption of the general plan or specific plan, or amendment of any such plan, shall be by resolution of the city council; and such plan or amendment shall be endorsed by the clerk of the city council to show that it has been adopted. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 5, 1993; SCC 430 § 2, 1980; SCC 233 § 1 (part), 1975].
21.12.060 Petition of review to the city council.
Any interested person may petition the city council to review any determination of the planning commission relating to the adoption and amendment of general plans by filing a petition with the clerk of the city council within 10 calendar days after the matter has been decided by the planning commission. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0909 § 6, 1993; SCC 430 § 3, 1980; SCC 233 § 1 (part), 1975].
21.12.065 Action on the petition of review.
Upon receipt of a petition for review initiated pursuant to RCMC 21.12.060, the clerk of the city council shall within 15 calendar days schedule the matter of the petition on the city council’s agenda. The city council shall either reject the petition or shall order the clerk to schedule the matter for a public hearing. If the matter is scheduled for public hearing, notice thereof shall be given as provided in RCMC 21.12.055. The petitioner shall pay a fee specified as in the resolution adopted pursuant to RCMC 21.12.055; provided, however, no fee shall be charged for a petition for review if the vote of the planning commission results in a two-to-two tie vote by the members thereof. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 430 § 4, 1980; SCC 233 § 1 (part) 1975].
21.12.070 Action by the council.
The city council shall hear the petition of review and shall procedurally treat the petition as an appeal of a determination of the planning commission. The city council shall approve or disapprove the matter; however, if the matter is approved, the city council shall first refer the matter to the planning commission for a report, if required, as provided in RCMC 21.12.055. The city council shall, if the matter is approved, find that the approval is in the public interest as required by Section 65358 of the Government Code. [Ord. 38-2007 § 1 (Exh. 1(A), (L)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 430 § 5, 1980; SCC 233 § 1 (part), 1975].
21.12.075 Appeal – Specific plan matters.
Any interested party may appeal a decision of the planning commission relating to a specific plan adoption or amendment by filing an appeal with the clerk of the city council within 10 calendar days after the matter has been decided by the planning commission. The appeal shall be accompanied by a fee to be specified in the resolution adopted pursuant to RCMC 21.12.030; provided, however, no fee shall be charged for an appeal if a vote of the planning commission results in a two-to-two tie vote by the members thereof. Any such appeal shall be denominated in any notice, agenda, or other official reference to such appeal as a petition of review of specific plan amendment. Upon receipt of the notice of appeal, the clerk of the city council shall set a hearing before the city council and shall give notice thereof, as provided by RCMC 21.12.055. The secretary shall transmit all pertinent records which relate to the matter of the appeal to the clerk of the city council in advance of the hearing. [Ord. 15-2022 § 4 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 430 § 6, 1980].
21.12.080 Action by the city council on the appeal.
The city council shall hear the matter of the appeal de novo and shall approve or disapprove the matter. If the city council determines to approve the appeal, it shall first refer the matter to the planning commission for a report, as provided in RCMC 21.12.055. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 430 § 7, 1980].