ARTICLE 12 PROCEDURES -------------------- (go to main index)

• (a) Purpose. The purpose of this section is to set forth the method by which the General Plan or a Specific Plan may be amended.
• (b) Initiation of amendments.
• (1) General Plan Land Use Map. Amendments to the General Plan Land Use map may be initiated by motion of the City Council or Planning Commission. Where an application has been made for a Zoning Map Amendment pursuant to Section 10-2.2504, that also requires an amendment to the General Plan Land Use map, the amendment to the General Plan shall be considered concurrently.
• (2) General Plan and Specific Plan. Amendments to the General Plan and/or to a Specific Plan may be initiated by:
• a. A motion of the City Council or Planning Commission.
• b. A recommendation by the Chief of Planning or the City Attorney.
• c. A recommendation by the Harbor Director for amendments within the Harbor-Pier area.
• (c) Setting hearings. The request for amendment shall be set for at least one public hearing before the Planning Commission.
• (d) Notice of public hearing before the Planning Commission. Notice of public hearing before the Planning Commission shall be given as follows:
• (1) If the proposed amendment is to the General Plan Land Use map notice shall be given:
• a. By publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing; and
• b. By mailing a written notice thereof, not less than ten (10) days prior to the date of such hearing, to the owner of the subject property and to the owners of properties within 300 feet of the exterior boundary of the subject property or properties; such notices shall be sent by first-class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available; and
• c. By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street line.
• (2) If the proposed amendment to the General Plan or to a Specific Plan is to the permitted use of real property, the noticing shall be pursuant to subsection (1) of this subsection (d), except that if the number of owners to whom notice would be mailed pursuant to this subsection is greater than 1,000, the only notice required shall be a display advertisement of at least one-eighth page in a weekly newspaper of general circulation within the City at least ten (10) days prior to the hearing.
• (3) If the proposed amendment to the General Plan or to a Specific Plan is to intensity, design and development, or other policies not relating to the permitted uses of real property, notice shall be given by publication at least once in a weekly newspaper of general circulation in the City not less than ten (10) calendar days prior to the date of the public hearing
• (e) Decision of the Planning Commission.
• (1) Where the recommendation of the Planning Commission is for approval of the amendment to the General Plan Land Use Map, to the General Plan or to a Specific Plan, the matter shall be set for public hearing before the City Council in a timely fashion.
• (2) A recommendation for denial of the amendment to the General Plan Land Use Map, to the General Plan or to a Specific Plan shall terminate proceedings unless the decision is appealed.
• (f) Appeal of decision of the Planning Commission. Decisions by the Planning Commission for the denial of a proposed amendment to the General Plan Land Use Map, to the General Plan, or to a Specific Plan shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):
• (1) A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the grounds for the appeal and all required fees for said appeal are paid in full; or
• (2) The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided however that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the amendment. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.
• Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.
• (g) Notice of public hearing before the City Council. Notice of public hearings before the City Council shall be given shall be given pursuant to subsection (d) of this section.
• (h) Decision of the City Council. The decision of the City Council on all proposed amendments to the General Plan Land Use Map, to the General Plan, or to a Specific Plan shall be final and conclusive.

(Ord. 2756 c.s., eff. January 18, 1996)

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