Chapter 17.32 — ZONING AND GENERAL PLAN AMENDMENTS

The zoning ordinance may be amended by changing the boundaries of districts, or by changing the text whenever the public convenience, necessity, and general welfare requires such an amendment by following the procedures set forth in this chapter.

• A. Initiation. Any zoning changes, amendments, alterations, rezonings, or establishments, herein referred to as an amendment, may be initiated by:

  1. The owner of real property wherein such application is accompanied by a fee prescribed by the city council; or by

  2. A minute order or resolution of the city council; or by

  3. A minute order or resolution of the planning commission.

• B. Amendment criteria. An application for an amendment to the zoning ordinance shall include a justification statement submitted by the applicant, planning commission, or city council. The justification statement shall described the intended amendment, whether it is a change in district boundaries, or an amendment of the zoning ordinance text. The justification statement shall give the reasons why the amendment is necessary and shall provide information documenting that:

  1. The proposed amendment is in the public's interest.

  2. The proposed amendment is consistent with the Lakeport general plan.

  3. The proposed amendment will not be detrimental to the community's health, safety, and welfare.

  4. The proposed amendment complies with the California Government Code and California Environmental Quality Act.

• C. Public Hearing by the Planning Commission. Upon receipt of a complete application, the matter shall be set for public hearing. If the proposed ordinance text amendment affects the permitted uses on real property within the city, notice of the hearing shall be given pursuant to Section 17.30.020 of this title. After the close of the public hearing, the planning commission shall render its recommendation on the proposed ordinance amendment. Within ten calendar days of a decision, the planning commission shall transmit its recommendation to the city council. The planning commission shall include the reasons for the recommendation, the relationship of the proposed amendment to the city's general plan, and other relevant information.

• D. Public Hearing by the City Council. Upon receipt of the recommendation of the planning commission, the Lakeport city council shall conduct a public hearing thereon. If the proposed ordinance affects permitted uses of real property within the city, notice of the hearing shall be given pursuant to Section 17.30.020 of this title. Following the hearing, the city council may approve by ordinance, modify, or disapprove the proposed amendment.

• (Ord. 796 Att. A(part), 1999)

The Lakeport general plan may be amended by changing the boundaries, designations, or text whenever the public convenience, necessity, or general welfare requires such an amendment. However, general plan amendments shall comply with state law in terms of the number of amendments approved on an annual basis.

• A. Initiation. A general plan amendment may be initiated by:

  1. The owner of real property wherein such application is accompanied by a fee prescribed by the city council; or by

  2. A minute order or resolution of the city council; or by

  3. A minute order or resolution of the planning commission.

• B. Amendment Criteria. The applicant shall submit a justification statement with the following information, documenting that:

  1. The proposed general plan amendment is in the public's interest.

  2. The proposed general plan amendment is consistent and compatible with the entire general plan and any implementation programs that may be affected.

  3. The potential impacts of the proposed general plan amendment have been assessed and have been determined not to be detrimental to the public health, safety, and welfare.

  4. The proposed general plan amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.

• C. Public Hearing by the Planning Commission. Upon receipt of a complete application, the community development department shall set a date for a public hearing thereon. After the public hearing, the planning commission shall render its recommendation on the proposed amendment. Within ten calendar days of a decision, the planning commission shall transmit its recommendation to the city council. The planning commission shall include the reasons for the recommendation and other relevant information.

• D. Public Hearing by the City Council. Upon receipt of the recommendation of the planning commission, the Lakeport city council shall conduct a public hearing thereon. Following the hearing, the city council may approve by resolution, modify, or disapprove the proposed amendment.

• E. Map and Legal Description Required. Applicants requesting a change to the city's general plan map shall submit a map as Exhibit A which shall clearly indicate the subject property being requested to be amended and a legal description as Exhibit B.

• F. Amendment of the Official General Map. Upon approval by the city council of a general plan amendment resolution, the general plan map or text shall be amended consistent with the decision of the city council.

• (Ord. 796 Att. A(part), 1999)

Chapter 17.33. ANNEXATION PROCEDURES

Pursuant to the California Government Code and the Lakeport general plan, the following procedures shall be followed in consideration of an application for reorganization/annexation to the city:

• A. Environmental Review. If the city has pre-zoned land considered for reorganization/annexation, the city will be the lead agency, prepare the initial study, and determine the appropriate environmental clearance for the project. The project proponent shall submit the necessary application, supporting information, and fees.

• B. General Plan Policies and Programs. Applicants for city reorganization/annexation shall comply with the Lakeport general plan and shall address the policies and programs set forth therein. The community development department shall review all proposals for reorganization/annexation and prepare a report for consideration by the planning commission who shall then make a recommendation to the city council on the annexation's compliance with general plan policies and programs.

• C. Council Action. The city council shall consider proposals for reorganization/annexation in view of the policies and programs set forth in the general plan, the planning commission recommendation, and other available information. The city council shall set forth its decision in a resolution indicating the findings relative to the matter.

• (Ord. 796 Att. A(part), 1999; Ord. 821 § 1(part), 2003)