Part 16 — GENERAL PLAN TEXT AND MAP AMENDMENTS

California Gov’t Code § 65358 allows for amendments and modifications to the city’s General Plan. Amendments are considered appropriate in response to changes in city policies, economic conditions and other factors affecting Baldwin Park.

(Ord. 1346, passed 5-2-12)

(A) A General Plan amendment may be initiated in any one of the following manners:

• (1) Upon resolution of the City Council.

• (2) Upon resolution of the Planning Commission.

• (3) Upon application by a property owner of any parcel subject to the General Plan, by a property owner’s

authorized agent, or by any public utility which has exercised eminent domain with regard to such property.

(B) In the case of a proposed amendment to the General Plan land use policy map, if the property owner for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

(C) Pursuant to Cal. Gov’t Code § 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

(Ord. 1346, passed 5-2-12)

Applications for a General Plan amendment shall be processed in accordance with these regulations.

• (A) A public hearing before the Planning Commission shall be noticed and conducted.

(B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this chapter, the balance of the General Plan, and development policies of the city.

(C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications.

• (D) The Commission’s resolution shall include its recommendation and such shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council.

• (E) Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council.

(F) At the hearing, the City Council shall review the Planning Commission’s recommendation and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this chapter, the balance of the General Plan, and development policies of the city.

• (G) The City Council shall act to approve or deny the application. A majority vote of the entire City Council is required to amend the General Plan. The Council’s action to amend the General Plan shall be by formal resolution.

(H) If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 45 days of receiving City Council’s request shall provide the City Council with authority to act without Planning Commission’s recommendation. (Ord. 1346, passed 5-2-12)

In acting to approve an amendment to the General Plan, the City Council shall make the following findings about the proposed General Plan amendment:

• (A) The amendment is consistent with all other goals, policies and objectives of the General Plan;

• (B) The amendment will not adversely affect surrounding properties;

• (C) The amendment promotes public health, safety and general welfare; and

• (D) The amendment serves the goals and purposes of the zoning code.

• (Ord. 1346, passed 5-2-12)

The adoption of the General Plan text and/or map amendment shall constitute final action, approval and record of the amendment.

• (Ord. 1346, passed 5-2-12)