Chapter 23.40 — AMENDMENTS TO THE GENERAL PLAN, ZONING TEXT, AND ZONING MAP

This chapter establishes procedures for consideration and review of amendments to the General Plan, Zoning Code, and/or Zoning Map, when there are compelling reasons to do so. More specifically, this chapter addresses:

(A) Amendments to the General Plan, to address changes in state or federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

(B) Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The procedures in this chapter shall apply to:

(A) All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

(B) All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Planning Commission shall act as the advisory body for all amendments to the General Plan, Zoning Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Zoning Code, and Zoning Map.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

An amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by any qualified applicant identified in § 23.31.020, the Community Development Director, or by a motion of the City Council. (Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 23.31. The Community Development Director may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Director may allow amendments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.

(B) Staff report. The Community Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the

proposed amendment meets the criteria in § 23.40.080 (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

(C) Public hearing and notice. All amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least ten days before the date of any public hearing, the Planning Division shall provide notice as provided for in § 23.31.050. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

(1) Exception, zoning text and Zoning Map amendments. Requests for amendments to the Zoning Code and Zoning Map shall require a public notice as provided for in § 23.31.050 at least 20 days before the date of any public hearing before the Planning Commission.

(Ord. 4823, passed 1-22-24; Ord. 4844, passed 4-28-25; Ord. 4848, passed 9-8-25)

(A) Planning Commission hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with § 23.31.060.

(B) Recommendation to City Council.

(1) Zoning Map amendment. A Planning Commission recommendation for the granting of a Zoning Map amendment shall be transmitted to the City Council within ten days after the rendering of such recommendations by the Commission. A decision by the Commission to deny a Zoning Map amendment shall be final unless such decision is appealed to the City Council.

(2) Zoning text amendment. An amendment to this title shall be reviewed by the Planning Commission and a recommendation made for its approval, denial or revision. Regardless of whether such recommendation is affirmative or negative, it shall be transmitted to the City Council within ten days after the rendering of the recommendation by the Commission.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

(A) City Council hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with § 23.31.060. The notice for the hearing shall include the Planning Commission's recommendation.

(B) City Council action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)

The Planning Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the General Plan.

(Ord. 4823, passed 1-22-24; Ord. 4848, passed 9-8-25)