Chapter 18.455
GENERAL PLAN, SPECIFIC PLANS, DEVELOPMENT CODE AND ZONING MAP AMENDMENTS
Sections:
18.455.010 Purpose and applicability.
18.455.020 Initiation of amendment.
18.455.040 Review, notice, and hearing.
18.455.050 Planning commission action.
18.455.060 City council action.
18.455.080 Refiling a rezoning application.
18.455.090 Post-decision procedures.
18.455.010 Purpose and applicability.
This chapter provides procedures for general plan, specific plan, development code, or zoning map amendments, as provided for in state law, whenever it is determined that public necessity and general welfare require an amendment.
A. General Plan. A general plan amendment may include revisions to text or diagrams.
B. Development Code. A development code amendment may modify a standard, requirement, or procedure applicable to land use or development within the city.
C. Zoning Map. A zoning map amendment has the effect of rezoning property from one zoning district to another.
D. Specific Plan. A specific plan amendment may modify a standard requirement, or map of a specific plan. [Ord. 12-4. DC 2012 § 122-1099].
18.455.020 Initiation of amendment.
An amendment to the general plan, specific plan, development code, or zoning map shall be initiated by:
A. A motion of the city council or planning commission;
B. An application by the owner or authorized agent of property for which the amendment is sought, and if the subject property is under multiple ownership, all of the owners or their authorized agents shall join in filing the petition; or
C. A verified petition of at least 50 residents of the city. [Ord. 12-4. DC 2012 § 122-1100].
18.455.030 Application.
A. An application for an amendment shall be filed and processed in compliance with this chapter. The application shall be accompanied by the information identified in the checklist, on file with the planning division, and all applicable fees in accordance with the currently adopted city fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings identified in CDC 18.455.070 (Findings).
B. Additional information and supporting data may be required as considered necessary to process the application.
C. Pursuant to state law, applications for general plan, specific plan, development code or zoning map amendments are not considered a development project and are not subject to the time limits specified for processing such applications until the council approves the general plan, specific plan, development code, or zoning map amendment.
D. Multiple Applications.
1. The planning commission may schedule a combined public hearing on multiple applications for an amendment to the general plan, specific plan, development code, or zoning map.
2. The planning division may schedule related applications for amendments to the development code, zoning map, subdivisions, use permits, and design and site review or other permit applications to be processed simultaneously with another proposed general plan, specific plan, development code, or zoning map amendment. [Ord. 12-4. DC 2012 § 122-1101].
18.455.040 Review, notice, and hearing.
A. Environmental Review. The planning division shall determine the appropriate environmental analysis, in compliance with CEQA and the city’s local environmental review procedures. Prior to scheduling any public hearing, the city shall comply with the requirements of Government Code Section 65352.3 regarding Native American consultation, as applicable.
B. Review. Upon receipt of a complete application for an amendment, or upon initiation by the planning commission or city council and following environmental review, the planning division shall set a date, time, and place for the public hearing.
C. Scheduling General Plan Amendments. The planning division shall schedule general plan amendment applications for hearing by the planning commission in compliance with the requirements of state law.
D. Notice. Notice of the public hearing shall be provided and the hearing conducted in compliance with Division VIII of this title (Administration). Notice of the hearing also shall be mailed or delivered at least 10 days prior to the hearing to the Mount Diablo Unified School District, Contra Costa Water District, and any other local agency expected to provide essential facilities or services to the subject property.
E. Report. The planning division shall prepare a report to the planning commission on an application for a general plan, specific plan, development code, or zoning map amendment. The report shall describe the area or subject to be considered for change and, if warranted, alternative amendments. [Ord. 12-4. DC 2012 § 122-1102].
18.455.050 Planning commission action.
A. Hearing. The planning commission shall conduct a public hearing in conformance with the requirements of Division VIII of this title (Administration).
B. Recommendation to City Council. The planning commission shall forward a written recommendation to the city council whether to approve, approve in modified form, or disapprove the proposed amendment based on the findings in CDC 18.455.070 (Findings). [Ord. 12-4. DC 2012 § 122-1103].
18.455.060 City council action.
A. Hearing. Upon receipt of the planning commission’s recommendation, the city council shall set the matter for public hearing after providing notice as required by state law and the development code. If the planning commission has recommended against the adoption of such amendment, the city council is not required to take any further action unless an interested party files a written request for a hearing with the city clerk accompanied by the applicable fee established by the city’s fee schedule, within 10 days after the planning commission action.
B. Action. The city council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings in CDC 18.455.070 (Findings).
C. Referral to Commission. If the city council proposes a significant modification to the amendment not previously considered by the planning commission during its hearings, the proposed modification shall be first referred back to the planning commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan Amendments) and 65857 (Development Code Amendments, Map Amendments).
D. Planning Commission Failure to Report to the City Council. Failure of the planning commission to report within 40 calendar days after referral, or a longer period designated by the council, shall be deemed recommending approval of the proposed modification. [Ord. 12-4. DC 2012 § 122-1104].
18.455.070 Findings.
A general plan, specific plan, development code, or zoning map amendment may be approved only if all of the following applicable findings are made.
A. General Plan and Specific Plan Amendments.
1. The amendment is internally consistent with all other provisions of the general plan or specific plan, as applicable;
2. In the case of a specific plan, the amendment is consistent with the general plan;
3. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city; or
4. The affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for proposed or anticipated uses and/or development.
B. Development Code and Zoning Map Amendments.
1. The proposed amendment is consistent with the general plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and
3. Zoning map amendments shall also find that the affected site is physically suitable, including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities, for the requested zoning designation and proposed or anticipated uses and/or development. [Ord. 12-4. DC 2012 § 122-1105].
18.455.080 Refiling a rezoning application.
If an application for a change of zoning district is denied, another application for the same zoning classification shall not be accepted by the city within a one-year period unless specific approval for the filing is given by the planning commission or city council. [Ord. 12-4. DC 2012 § 122-1106].
18.455.090 Post-decision procedures.
A. Development Code and Zoning Map Amendments. Following the city council action, the city clerk shall make the ordinance and zoning maps or other diagrams available to the public. All decisions of the city council are final. [Ord. 12-4. DC 2012 § 122-1107].