Shafter Zoning Code § 2.30 General Plan Amendments

1. Purpose and Intent

As conditions within the City change it may, from time to time, become necessary to amend the General Plan to enhance its effectiveness. In addition, State law requires that the General Plan be periodically reviewed and updated. The purpose of this Section is to provide a method for amending the General Plan to ensure its continued effectiveness.

2. Authority

The City Council may amend all or part of the General Plan, or any Element thereof. All zone districts, specific plans (for which a development agreement or vesting subdivision or parcel map has not been adopted), and any other plans of the City that are affected by a General Plan amendment, and which by law must be consistent with the General Plan, shall be reviewed and amended concurrently, to ensure consistency between the General Plan and implementing zoning, specific plans, and other plans.

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Table 2.A Consistency of City Zone Districts with General Plan Land Use Designations

“C” denotes that Zone District is consistent with the applicable General Plan Designation

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Table 2.A Consistency of City Zone Districts with General Plan Land Use Designations (Cont’d)

Key

General Plan Land Use Designations

Zone Districts

Residential Designations RR Rural Density Residential RC Rural Community E Estate Density Residential VLR Very Low Density Residential LR Low Density Residential MR Medium Density Residential MHR Medium-High Density Residential Commercial Designations CPO Commercial and Professional Office Industrial Designations I Industrial BP Business Park RM Resource Management Public Facilities Designations

Special Districts

PD Planned Development CF Community Facilities H Airport Approach Height Combining DI Drilling Island PE Petroleum Extraction Combining

Residential Districts

E Estate R-E Residential Estate R-1 Residential Low Density R-2 Residential Medium Density R-3 Residential Medium High Density Commercial Districts DC Downtown Commercial GC General Commercial NC Neighborhood Commercial

CF Community Facility PS Parks and Schools Open Space Designations AOS Agricultural Open Space

Employment Districts

BP Business Park I Industrial Agricultural Districts A Agricultural

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3. Restriction on Number of Amendments

Elements of the General Plan shall be amended no more frequently than permitted by State law.

4. Initiation of amendments to the General Plan

An amendment to the General Plan or any Element thereof may be initiated by any of the following actions:

• a. A request, made and approved by the Planning Commission to the City Council;

• b. A request, made and approved by the City Council;

• c. An application from a property owner or his/her authorized agent, provided that such application involves the development or modification of property located within the area affected by such amendment;

• d. An application from any affected party, provided that such application involves only revisions to the goals, objectives, policies, and implementation programs of the General Plan; or

• e. A request made by the Planning Director to the Planning Commission subject to approval by the Planning Commission.

5. Authority and Hearings

Authority for approval of General Plan amendments shall be vested in the City Council. The Planning Commission shall forward recommendations to the City Council regarding General Plan amendments.

• a. Planning Commission Review

  • (1) Following receipt, in proper form, of a completed amendment application or duly adopted resolution and completion of required environmental review, a public hearing before the Planning Commission shall be noticed and held.

  • (2) The Planning Commission shall make a written recommendation on the proposed amendment to the City Council to approve, approve in modified form, or disapprove.

• b. City Council Review and Action

A public hearing before the City Council shall be noticed and held after a recommendation is made by the Planning Commission to approve a proposed General Plan amendment, appeal of a decision by the Planning Commission to approve or disapprove a proposed General Plan amendment, in accordance with the provisions of Section 2.180 of this Title, or a discussion by the City Council or any of its members

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to hear the matter. The City Council may approve, approve with modifications, or disapprove any such proposed amendment. Prior to City Council action, any substantial modification proposed by the City Council that was not previously considered by the Planning Commission shall first be referred to the Planning Commission for consideration and recommendation. Failure of the Planning Commission to report within 45 calendar days, or within the time period set by the City Council, shall be deemed a recommendation for approval.

6. Required Findings

An amendment to the General Plan shall not be approved unless all of the following findings are made:

• a. The proposed amendment is consistent with the goals, objectives, policies, and programs of the General Plan, or the General Plan as revised by the proposed amendment, and will not result in any internal inconsistencies within the General Plan; and

• b. The proposed amendment will not adversely affect the public health, safety, or general welfare; and

• c. The proposed amendment is consistent with the purposes and intent of this Title, unless such amendment proposes to change, supplement, or alter any part of this Title, whereas said amendment must be consistent with all applicable sections including these findings; and

• d. The potential environmental impacts of the proposed amendment are insignificant, have been mitigated, or there are overriding considerations that outweigh the potential impacts.