16.612 GENErAL PLAN AMENDMENTS

A. Procedures. 1. In adopting an interim ordinance, the City Council need not follow the procedures otherwise required prior to the adoption of an Ordinance amendment as provided for in this Chapter. 2. An interim ordinance may be adopted as an emergency ordinance pursuant to the provisions of Section 312 of the City Charter. 3. The City Council as part of any interim ordinance, may adopt procedures to modify the standards contained in the interim ordinance, and may establish procedures which differ from those contained in Chapter 16.602, Common Procedures.

B. Required Finding. The City Council shall not adopt or extend any interim ordinance pursuant to this Chapter unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional subdivisions, Use Permits, variances, Building Permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, and welfare. C. Duration. An interim ordinance shall be of no further force and effect 60 days from its effective date. After notice and public hearing pursuant to the City Council may extend the interim ordinance up to 60 months. D. Compliance with State Requirements.

Notwithstanding subsections (A) through (C) of this Chapter, if the interim zoning ordinance would operate to prohibit a use otherwise authorized by the Zoning Code, the City Council shall follow the procedure specified in Government Code Section 65858, or any successor legislation thereto.

16.612.01 PURPOSE AND APPLICABILITY

This Chapter is intended to establish procedures for making changes to the General Plan when it is in the public interest to do so as provided for in State law. These procedures apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions.

16.612.02 PROCEDURES

A. Initiation. An amendment to the

General Plan may be initiated by: 1. Any qualified applicant identified in Section 16.602.02, Application Forms and Fees; or 2. An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director.

B. Application Requirements. An application for an amendment to the General Plan must be filed and processed in accordance with the provisions of Section 16.602.02, Application Forms and

Fees and considered by the City Council with a recommendation from the Planning Commission. It must be processed in conformance with Government

Code Section 65350 et seq. Its approval must be by resolution, and it is subject to referendum. C. Required Information. In addition to any other application requirements, an application for a General

Plan amendment must include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan’s goals and the benefit to the public that will result from approving the proposed change or changes to the General Plan. D. Director’s Report. The Director must prepare a report and recommendation to the Planning

Commission, which must include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this article and the

General Plan’s goals, and a determination as to whether the proposed amendment will require amendment to other plans that the City Council has adopted. E. Planning Commission Recommendation. The

Commission’s recommendation must be forwarded to the City Council for action on the proposed amendment except in the situation specified in this Section.

F. Planning Commission Action. The Planning

Commission must hold a noticed public hearing and conduct the hearing as required by Chapter 16.602, Common Procedures, and must then vote on its recommendation on the proposed amendment.

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant pursuant to Section 16.323.02

Requirements and the Planning Commission recommends against the adoption of such amendment, the application is denied, and the City Council is not required to take any further action on the amendment unless the Planning Commission’s decision is appealed pursuant to Chapter 16.602,

Common Procedures, Section 16.602.14, Appeals.

1. All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the City

Council. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the consistency of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the

General Plan and consistency with other adopted plans, or to reduce environmental impacts.

G. City Council Action.

1. After receiving the report from the Planning

Commission, the City Council must hold a public hearing noticed and conducted as required by Chapter 16.602 Common Procedures.

The notice must include a summary of the

Planning Commission’s recommendation. 2. After the conclusion of the hearing, the City

Council may approve, modify, or deny the proposed

General Plan amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification will first be referred back to the Planning Commission for its recommendation, but the Planning Commission will not be required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within 45 days after the referral, the modification will be deemed to have been recommended for approval. 3. The City Council’s approval of an amendment to the General Plan must be by resolution, adopted by the affirmative vote of not less than a majority of the total membership of the Council. 4. Following the Council action, the City

Clerk will make the documents amending the General Plan, including the diagrams and text, available for public inspection.

16.612.03 REQUIRED FINDINGS

The Planning Commission in recommending, and the City Council in approving, an amendment to the General Plan, must make all of the following findings:

A. The proposed amendment will contribute to the public health, safety, and general welfare or will be of benefit to the public. B. The proposed amendment is consistent with the General Plan goals, unless the goals themselves are proposed to be amended. C. The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency. D. The proposed amendment has been reviewed in compliance with the requirements of the

California Environmental Quality Act.