Chapter 14.04.030
Approval Process
Sections:
14.04.030.010 Public Hearing Procedure and Notice.
14.04.030.020 Action by the Planning Commission.
14.04.030.030 Action by the City Council.
14.04.030.040 Findings Required for Approval.
14.04.030.050 Effective Date of Amendment.
14.04.030.060 Effect of Denial.
14.04.030.010 Public Hearing Procedure and Notice.
Both the Planning Commission and the City Council shall hold at least one public hearing on a General Plan amendment application, as follows:
A. Public hearings on the proposed amendments would be scheduled, depending upon the complexity of the proposal, as soon as feasible as determined by the Director of Community Development;
B. Public hearings for City-initiated General Plan amendments may be scheduled at any time at the City Council’s discretion;
C. Notice shall be published in at least one newspaper of general circulation within the jurisdiction of the City at least 10 calendar days prior to the hearing;
D. Notice shall include the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description of the location of the real property, if any, that is the subject of the hearing;
E. If the General Plan amendment application is processed concurrent with an application with noticing requirements different from those described in subsections A through F of this section, then the greater noticing requirements shall apply;
F. If the proposed amendment would affect the permitted uses or intensity of uses of real property, notice of the hearing shall also be mailed or delivered at least 10 calendar days prior to the hearing to:
1. The owner(s) of the subject real property, based upon the latest equalized assessment roll, or the owner’s duly authorized agent;
2. The project applicant;
3. Each local agency expected to provide public facilities or services to the project when the ability to provide such facilities and services may be significantly affected; and
G. If the number of property owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailed or delivered notice, provide notice by placing a display advertisement of at least one-eighth page in one newspaper of general circulation at least 10 calendar days prior to the hearing.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.04.030.020 Action by the Planning Commission.
The Planning Commission shall, in an expeditious manner, make a recommendation to the City Council on the amendment.
A. The Planning Commission shall recommend approval, approval with modifications, or denial of an application for a General Plan amendment.
B. A recommendation for approval shall be made by an affirmative vote of not less than a majority of the total membership of the Commission.
C. Any action by the Planning Commission that does not constitute a recommendation for approval or denial shall also be forwarded on to the City Council.
D. An action by the Planning Commission may be appealed to the City Council by any interested party provided an appeal is filed with the City Clerk’s office within 10 calendar days of the Commission’s action. The appeal shall be filed on a form specified by the City Clerk and accompanied by the required filing fee. A public hearing shall be held on the appeal and notice provided in accordance with Section 14.04.030.010.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.04.030.030 Action by the City Council.
Action by the City Council on a General Plan amendment shall be as follows:
A. The City Council may approve, modify, or reject the recommendation of the Planning Commission.
1. Any substantial modification proposed by the City Council which was not previously considered by the Commission during its hearing process shall first be referred to the Planning Commission for its consideration and recommendation.
2. Failure of the Planning Commission to report to the City Council within 45 calendar days of the referral, or within an alternate time set by the City Council, shall be deemed a recommendation for approval.
B. An action by the City Council shall be by resolution adopted by an affirmative vote of not less than a majority of the total membership of the City Council.
C. The action taken by the City Council on a General Plan amendment shall be final.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.04.030.040 Findings Required for Approval.
To approve a General Plan amendment, the City Council shall find that:
A. The proposed amendment is internally consistent with the goals, objectives, and policies of the General Plan;
B. The proposed amendment would not be detrimental to the public health, safety, or welfare of the community;
C. The proposed amendment would maintain an appropriate balance of land uses within the City;
D. The proposed amendment is consistent with the provisions of Division 1 of Title 7 of the California Government Code pertaining to the amendment, update, or adoption of General Plans; and
E. In the case of an amendment affecting the General Plan Diagram, which designates land uses, the proposed use of the subject site is compatible with adjoining land uses.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.04.030.050 Effective Date of Amendment.
A General Plan amendment shall become effective when adopted by the City Council.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.04.030.060 Effect of Denial.
An application to amend the General Plan which is denied by the City Council or which the City Council declines to initiate shall not preclude another application, similar or otherwise, from being submitted during the next window filing period.
(Ord. 1972, Repealed and Replaced, 02/22/2022)