Chapter 16.318 — GENERAL PLAN AMENDMENTS

The adoption of, or amendments to, elements of the General Plan and specific plans shall be adopted pursuant to this chapter. Whenever in this chapter the term Land Use Element of the General Plan is used, it shall also apply to other elements of the General Plan and whenever the term General Plan is used, it shall also apply to specific plans. (08-05)

An amendment to the General Plan relating to land use may be initiated by the City or by any person owning or having an interest in land which would be affected by a change. When initiated by any such person, the person shall file a petition with the City and pay a filing fee as required in Section 16.318.070 of this chapter. (08-05)

Any petition filed by a person owning or having an interest in land shall contain the following information:

• A. The name and address of the petitioner and all persons having an interest in the land;

• B. The legal description of the property owned by the petitioner and a street designation thereof;

• C. The change of land use classification requested; and

• D. Such other information as the Director of Community Development may require. (08-05)

The Planning Commission shall hold a public hearing before approving any amendment to the Land Use Element of the General Plan. Notice of time and place of the hearing shall be given at least 10 days before the hearing by publishing a notice thereof. The Planning Commission's report and recommendation shall be completed not later than 90 days after the referral of the proposed change. (08-05)

After the public hearing on the proposed amendment to the Land Use Element of the General Plan, the Planning Commission shall adopt by resolution a recommendation relating to the proposed amendment. An affirmative recommendation shall require the affirmative vote of at least five members of the Commission when six or more members are present and eligible to vote on the proposal. In the event that less than six members are present or eligible to vote on the proposed amendment, four affirmative votes shall be required to recommend a change. Any vote by the Commission which is less than the required number set forth in this section shall be considered a negative recommendation of the Planning Commission. (08-05)

Before acting upon any proposed amendment to the Land Use Element of the General Plan, the City Council shall hold a public hearing thereon. Notice of the time and place of the hearing shall be given in the time and manner provided for in giving of

notice of the hearing by the Planning Commission in Section 16.318.030 . (08-05)

• A. In the event that the recommendation from the Planning Commission has received the affirmative votes required by Section 16.318.040 , the City Council may approve the proposed amendment by a majority vote of the Council.

• B. The Council shall not make any change or addition to the proposed amendment which has not been previously considered by the Planning Commission during its hearings until the proposed change or addition has been referred to the Planning Commission for a report and a copy of the report has been filed with the Council. Failure of the Planning Commission to report within 40 days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed change or addition. It shall not be necessary for the Planning Commission to hold a public hearing on such proposed change or addition.

• C. In the event the Council desires to effect any change contrary to the recommendation of the Planning Commission, then any resolution affecting such change shall be adopted only by at least four affirmative votes of the Council except, after the referral set forth in subsection D of this section, a majority vote of the Council will be sufficient.

• D. In the event that the majority of the Council does not agree with the recommendation of the Planning Commission, and in the further event that the Council cannot obtain the vote of four members of the Council for a change to the recommendation, then the proposed change shall be referred to a committee composed of two members of the Planning Commission and two members of the Council to further study the matter. This committee shall make a written report to the Council no later than 60 days from the date of referral.

(08-05)

Fees shall be established by resolution of the City Council. (08-05)