Chapter 18.34


18.34.010    Purpose.

18.34.020    Applicability.

18.34.030    Initiation.

18.34.040    Application requirements.

18.34.050    Review procedures and public notice.

18.34.060    Planning Commission hearing and recommendation.

18.34.070    City Council hearing and action.

18.34.010 Purpose.

This chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or Federal law and problems and opportunities that were unanticipated at the time of plan adoption or the last amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.34.020 Applicability.

The procedures of this chapter apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.34.030 Initiation.

An amendment to the text of the General Plan may be initiated by any qualified applicant identified in Section 18.27.020, Application forms and fees, or a motion of the City Council or Planning Commission. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.34.040 Application requirements.

A.    Application. A qualified applicant shall submit an application for a General Plan amendment on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to review and approve the application.

B.    Coordination with Other Applications. The Planning Division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this title or Title 17, Subdivisions, to be reviewed and approved concurrently with the proposed General Plan amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.34.050 Review procedures and public notice.

A.    Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on the application for a General Plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment will require amendment to other plans that the City Council or the Redevelopment Agency have adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B.    Scheduling. The Planning Division shall schedule the application for hearing by the Planning Commission in accordance with the City’s schedule for considering General Plan amendments.

C.    Public Notice. At least ten days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 18.27, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the San Carlos School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.34.060 Planning Commission hearing and recommendation.

A.    Planning Commission Hearing. The Planning Commission shall conduct a public hearing in conformance with Chapter 18.27, Common Procedures.

B.    Recommendation to Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed General Plan amendment and the environmental determination to the City Council. Such recommendation shall include the reasons for the recommendation, findings supporting the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and a copy of the minutes from the Planning Commission meeting. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.34.070 City Council hearing and action.

A.    After receiving the report from the Planning Commission, the City Council shall conduct a duly-noticed public hearing. The notice shall include a summary of the Planning Commission recommendation. 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 within ten days after the Planning Commission action.

B.    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 shall first be referred back to the Planning Commission for its recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. The failure of the Planning Commission to report within forty days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption.

C.    Following the Council action, the City Clerk shall make the documents amending the plan, including the diagrams and text, available for public inspection. (Ord. 1438 § 4 (Exh. A (part)), 2011)