Chapter 18.160 - General Plan, Zoning Map, and Development Code Amendments

Sections:

18.160.010 - Purpose of Chapter
18.160.020 - Initiation of Amendments
18.160.030 - Notice and Hearing
18.160.040 - Commission’s Action on Amendments
18.160.050 - Council’s Action on Amendments
18.160.060 - Findings for Amendments
18.160.070 - Conditional Rezonings

18.160.010 - Purpose of Chapter

A. This Chapter provides procedures for the amendment of the General Plan, Zoning Map, and this Development Code, whenever required by public necessity and general welfare.

B. The General Plan amendments may include revisions to actions, goals, land use designations, policies, or text.

C. Zoning Map amendments have the effect of rezoning property from one zoning district to another.

D. Amendments to this Development Code may modify any procedures, provisions, requirements, or standards applicable to the development and/or use of property within the Town.

E. Review and approval of each of the amendments identified above is a legislative act and not a land use permit or entitlement.

18.160.020 - Initiation of Amendments

Amendments to the General Plan, Zoning Map, or this Development Code may be initiated by:

A. Private parties. Private parties through the filing of an application including all materials and information required by the Director, and the applicable filing fee; or

B. Council. The Council.

18.160.030 - Notice and Hearing

After receipt of a complete application for amendment, the Director shall review the proposal, schedule public hearings before the Commission and Council, and prepare a staff report evaluating and providing recommendations on the proposal. Notice of the hearings shall be given in compliance with Section 18.180.020 (Notice of Hearing).

18.160.040 - Commission’s Action on Amendments

The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 18.160.060 (Findings for Amendments).

18.160.050 - Council’s Action on Amendments

A. Council’s action. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment based upon the findings contained in Section 18.160.060 (Findings for Amendments).

B. Referral to Commission.

1. If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification may be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Map/Development Code Amendments]).

2. Failure of the Commission to report back to the Council within 45 days (General Plan Amendments) or 40 days (Zoning Map/Development Code Amendments) after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.

18.160.060 - Findings for Amendments

An amendment to the General Plan, the Zoning Map, or this Development Code may be approved only if all of the following findings are made, as applicable to the type of amendment.

A. Findings for all amendments:

1. The proposed amendment ensures and maintains internal consistency with all of the goals, policies, and actions of all elements of the General Plan and any applicable specific plan; and

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town.

B. Additional finding for Zoning Map amendments. There is adequate capacity available in the community sewer and water systems to serve the potential development, and the site is physically suitable for the requested zoning designation(s) and anticipated land use development(s). Factors considered to evaluate suitability shall include access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints.

C. Additional finding for Development Code amendments. The proposed amendment ensures and maintains internal consistency with other applicable provisions of this Development Code.

18.160.070 - Conditional Rezonings

The Commission may recommend and the Council may impose reasonable conditions on the approval of any Zoning Map amendment for the purposes of ensuring consistency of the proposed zoning with the General Plan, mitigating environmental impacts, minimizing functional conflicts with surrounding land uses, or any other purpose that is determined by the Council to protect the public health, safety, or general welfare.

A. Type of conditions. Conditions imposed on a Zoning Map amendment in compliance with this Section may include, but are not limited to, dedication of additional road rights-of-way and requirements for participation in the cost of public improvements, deemed necessary and reasonably related to the land uses that would be allowed by the proposed zoning, and limitations on the type and nature of land uses allowed in the new zoning district.

B. Timing of compliance with conditions. When a Zoning Map amendment with conditions is adopted by the Council, the ordinance shall specify when the conditions shall be satisfied relative to the approval by the Town of any subdivision of the property, any land use or construction permits, or actual development.