Chapter 17.130 — GENERAL PLAN AMENDMENTS

The purpose of this Chapter is to provide for the orderly processing of General Plan amendments in a manner consistent with the overall goals of the community’s planning program and the requirements of the California law. In particular, this Chapter is intended to:

• A. Assure that the General Plan is amended for good reason and with due consideration of community-wide interests;

• B. Help achieve and maintain internal consistency of General Plan elements and conformance between the Plan and implementing techniques, such as zoning; and

• C. Establish rights and assign responsibilities for the persons and agencies involved in General Plan administration so each can perform fairly and effectively.

• A. Initiation of Amendment by the City Council . The Council may initiate General Plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a hearing, as provided in Section 17.130 80 .0 35 0 (Schedule for and Coordination of Amendments).

• B. Applications to Initiate Amendments . Any person may request an amendment of the General Plan by filing an application with the Department of Community Development. Such application shall include:

  1. A description of the proposed amendment, including, as may be necessary, additions or modifications to the text and graphics of adopted General Plan elements or reports.

  2. A statement explaining how the proposed change will better reflect community desires as expressed in General Plan goals and policies.

  3. If the amendment involves change of a basic goal or policy, why the change is warranted by new information or reevaluation of community needs.

  4. An analysis of how the proposed change will beneficially and detrimentally affect adjacent areas or shared resources. This analysis may take the form of a draft environmental impact report.

  5. A description of how the amendment of one policy may reinforce or conflict with related policies, including those in other elements.

  6. Such other supporting data as the Director may require to enable evaluation of the proposal.

  7. A fee sufficient to cover the expected costs incurred in processing the application, to be established by resolution of the Council.

• C. Early Council Consideration of an Application . The Director shall have the authority, prior to processing a General Plan Amendment application in conformance with the provisions of this Chapter, to forward any such application to the Council for early policy consideration to allow the Council to determine whether the proposed amendment is consistent with overall policy direction in the General Plan. The Council, upon making specific

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findings in reference to specific General Plan provisions, may direct the Director to reject the application as inconsistent with overall General Plan policy direction.

• A. Limited to Four Times Annually. Any element of the General Plan may be amended not more than four times each year. Each amendment may include more than one change to the General Plan. Such amendments may be scheduled at any time deemed necessary or convenient. The Planning Commission may review individual amendments as often as necessary, but the Council must consider them in no more than four batches per year so that cumulative effects of such amendments can be considered.

• B. Coordination of Amendments. Changes in policy or land use designations which involve more than one element shall be made as concurrent amendments to the related elements in order to maintain internal plan consistency.

A. Planning Commission Actions.

1. Public Hearings—Notice. The Planning Commission shall hold at least one public hearing before taking action on any General Plan amendment. Notice of the date, time, and place of the hearing shall be given at least 10 calendar days before the hearing by publication of the notice, describing the nature of the proposed amendment(s), in a newspaper of general circulation within the City.

2. Resolution. The recommendation for approval of the Planning Commission of any amendment to the General Plan shall be by resolution of the Commission adopted by the affirmative vote of not less than a majority of its total voting members.

3. Transmittal to Council. The Planning Commission’s recommendation shall be transmitted to the Council in the form of a resolution with findings.

4. Other Situations. When neither a majority of the Planning Commission recommends approval nor a majority of a quorum recommends denial, the Planning Commission may transmit the amendment to the Council with a report explaining the situation and stating the recommendations of the individual commissioners.

B. City Council Actions.

1. Public Hearings—Notice. Upon transmittal of the resolution from the Planning Commission, the Council shall hold at least one public hearing on proposed General Plan amendments. Notice of the time, place, and subject of the hearing shall be given as provided in Chapter 17.122 (Public Notices and Hearings). Section 17.80. 060(A).

2. Resolution. Any amendment of the General Plan shall be adopted by resolution of the Council, adopted by the affirmative vote of not less than a majority of the total membership of the Council.

3. Referral of Council Changes. In adopting any General Plan amendment which has been approved by the Planning Commission, the Council shall not make any substantive changes or additions involving issues not considered by the Planning Commission in their review until the proposed change or addition has been referred to the Planning Commission for a report and the report has been filed with the Council. Failure of the Planning Commission to report within 40 calendar days after the referral, or such longer period as may be designated by the Council, shall be deemed to be approval of the change or addition.

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