§ 17.02.090. General plan amendments.

This Section is established pursuant to Section 65358 of the California Government Code, to allow for the amendment of the City of Beaumont General Plan.

A.

Providing Proof of Vested Interest. Applications to amend the General Plan text or maps may be initiated by any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply, prior to the acceptance of any application.

B.

General Plan Amendments for Properties Under Multiple Ownership. In the case of a proposed amendment to the General Plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application.

C.

City Council Initiated General Plan Amendment. The Planning Director and/or City Council may initiate an application to amend the General Plan.

D.

Planning Commission Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Section 17.02.051. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 17, the balance of the General Plan, and development policies of the City.

E.

Planning Commission Action. The Planning Commission shall act to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission's action shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council.

[F.

Reserved. ]

G.

City Council Public Hearing. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Section 17.42 (Public Hearings). At the hearing, the City Council shall review the Commission's recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Zoning Ordinance, the balance of the General Plan, and development policies of the City.

H.

City Council Action. The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The City Council's action to amend the General Plan shall be by formal resolution.

I.

Referral of General Amendment to the Planning Commission. If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 40 days of receiving the City Council's request shall provide the City Council with authority to act without the Planning Commission's recommendation.

J.

Required Findings. Prior to approving a General Plan amendment, the City Council shall make the following findings:

1.

That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment;

2.

That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan;

3.

That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations; and

4.

In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

(Ord. 920 §2, 9/2007)