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HomeMy WebLinkAbout1976I ARTICLE IX, CHAPTER 6 GENERAL PLAN AMENDMENT REGULATIONS Ordinance No.. (1976 Series) SECTION 9600. Title. This Chapter shall be known and may be cited as the General Plan Amendment Regulations of the City of San Luis Obispo. SECTION 9601. Requirement. The General Plan or any part or element thereof shall be amended in the manner provided in this Chapter. SECTION.9602. Purpose. It is the purpose of this Chapter to provide for the orderly processing of General Plan amendments in a manner consistent with the over -all goals of the community's planning program and the requirements of California law. In particular, this Chapter is intended to: 1. Assure that the General Plan is amended for good reason and with due consideration of community -wide interests; 2. Help achieve and maintain internal consistency of General Plan elements and conformance between the plan and implementing techniques, such as zoning; and 3. Establish rights and assign responsibilities for the persons and agencies involved in General Plan administration so each can perform fairly and effectively. SECTION 9603. Initiation of Amendments; Applications. 1. Initiation of Amendment by Planning Commission or Council. The Planning Commission or the City Council may initiate General Plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at the next General Plan amendment hearing, as provided in Section 9604.1. 2. Applications to Initiate Amendments. Any person may request an amendment of the General Plan by filing an application with the Department of Community Development. Such application shall include: a. A description of the proposed amendment, including, as may be necessary, additions or modifications to the text and graphics of adopted General Plan elements or reports. TS:AG:ktm 7/27/76 b. A statement explaining how the proposed change will better reflect community desires as expressed in General Plan goals and policies. C. If the amendment involves change of a basic goal or policy, why the change is warranted by new information or re- evaluation of public desires. d. An analyis of how the proposed change will beneficially. and . detrimentally affect adjacent areas or shared resources. This analysis may take the form of a draft environmental impact report. e. A description of how the amendment of one policy may reinforce or conflict with related policies, including those in other elements. f. Such other supporting data as the Director of Community Develop- ment may require to enable evaluation of the.proposal. g. A fee sufficient to cover the expected costs incurred in pro- cessing the application, to be established by resolution of the City Council. 3. Final Filing Dates. In order to be considered during the January General Plan amendment hearing, applications must be received by November 15; in order to be con- sidered at the May hearing, applications must be received by March 15; in order to be considered at the September hearing, applications must be received by July 15. 4. Environmental Review. Environmental documents must be completed as a condition for the Planning Commission to take action .on proposed amendments, as provided in the "Environmental Impact Procedures and Guidelines." SECTION 9604. Planning Commission Actions. 1. Schedule of Hearings. Proposed General Plan amendments shall be considered by the Planning Commission at regular meetings in•January, May, and September of each year. Proposed amendments shall not be introduced for consideration at any other time. Initial hearings for consideration of proposed General Plan amendments may, however, be continued from time to time. The provisions of this section shall not apply to the first time adoption of plan elements, including such new elements as may be required by the State Legislature or selected for inclusion by the City. 2. Public Hearing; Notice. The Planning Commission shall hold at least one public hearing before taking action on any General Plan amendment. Notice of the date, time, and place of the hearing shall be given at least ten (10) calendar days before the hearing by publication of the notice, describing the nature of the proposed amendment(s), in.a newspaper of general circulation within the City. TS:AG:ktm 7 /27/76 1 3. Resolution. The approval of the Planning Commission of any amendment to the General Plan shall be by resolution of the Commission adopted by the affirmative vote of not less than four (4) of its members. 4. Transmittal to Council. Upon approval by the Planning Commission of any General Plan amendment, it shall be transmitted to the City Council. 5. Appeals. Upon denial by the Planning Commission, the applicant fora General Plan amendment may appeal to the City Council by filing written request with the City Clerk within five (5) working days of the Commission's action. SECTION 9605. City Council Actions. 1. Public Hearing; Notice.. Upon transmittal from the Planning Commission or upon appeal from the applicant, the City Council shall hold at least one public hearing on pro- posed General Plan amendments. Notice of the time, place and subject of the hearing shall be given as provided in Section 9604.2. 2. Resolution., Any amendment of the General Plan shall be adopted by resolution of the City Council adopted by the affirmative vote of not less. than three (3) of its members. 3. Referral of Council Changes. In adopting any General Plan amendment which has been approved by the Planning Commission, the City Council shall not make any changes or additions until the proposed change or addition has been referred to the Planning Commission for a report and the report has been filed with the City Council. Failure of the Planning Commission to report within forty (40) calendar days after the referral, or such longer period as may be designated by the City Council, shall be deemed to be approval of the change or addition. SECTION 9606. Limitations and Coordination of Plan Amendments. 1. Annual Limitation. Individual elements of the General Plan shall not be amended more than three (3) times within one calendar year. Resolutions amending the plan may, however, make reference to more than one area, location or policy. This limitation shall not apply to the first time adoption of General Plan elements. 2. Internal Consistencv. Changes.in policy or land use designations which involve more than one element shall be made as concurrent amendments to the related elements in order to maintain internal plan consistency. TS:AG:ktm 7 /27/76 3. Tecfinical Studies. Policy changes based on new evidence concerning natural or man -made resources, hazards, or conditions shall include amendment of the supporting technical data, criteria, or standards, where these have been adopted as part of the element. a TS:AG:ktm 7/27/76