§ 9-1-117.1. General plan amendments.

(a)

Purpose. Adoption of or amendment to the city's general plan, including changes to the text or any map or diagram in the general plan, are discretionary actions of the city council.

(b)

Applicable state law. It is intended that the provisions of this section shall be fully consistent and in full compliance with section 65350 et seq. of the state government code and that such provisions shall be so construed.

(c)

Who may apply:

(1)

The owner of property in the city or the owner's agent (with notarized authorization from the owner) may apply for a general plan amendment on said owner's property.

(2)

The city council, by majority vote, may initiate consideration of a new general plan or a general plan amendment.

(3)

The planning commission, by majority vote, may initiate consideration of a general plan amendment.

(4)

The community development director may initiate consideration of a general plan amendment.

(d)

Referral of proposed amendments. A proposed new general plan or general plan amendment shall be referred to the persons and agencies specified in section 65352 of the state government code.

(e)

Frequency of general plan amendments.

(1)

General plan elements specified as mandatory in the state government code shall be amended no more than four times during each calendar year. Each such amendment may include more than one change to the general plan.

(2)

The limitation on frequency of amendments to the general plan set forth in paragraph (e)(1) of this section does not apply to residential development projects with at least 25 percent of the dwelling units to be occupied by persons or families of low or moderate income.

(f)

Review procedures.

(1)

A new general plan or a general plan amendment shall be approved, approved with modifications, or denied by resolution of the city council after receipt of testimony at a public hearing held pursuant to section 9-1-112.1. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the council.

(2)

Prior to city council review, the planning commission shall hold a public hearing, review the proposal, and forward a recommendation to the council.

(3)

If the council contemplates a modification to the proposal not previously considered by the planning commission, the proposed modification shall be referred to the commission for report back to council. A public hearing shall not be required for such commission review.

(g)

Required finding. The following finding shall be made by the city council in conjunction with the approval of a general plan amendment:

"The amendment is internally consistent with the goals, objectives, and policies of the general plan which are not being amended."

(h)

Hearings and appeals. Public hearings shall be noticed and held in accordance with section 9-1-112.1. Appeals shall be reviewed in accordance with section 9-1-112.2.

(Ord. No. 99-107, § 5, 2-2-99)