§ 9108.03

This Section provides procedures for the amendment of this Development Code, the General Plan, or the Zoning Map whenever the Council determines public necessity and general welfare require an amendment.

An amendment may be initiated by motion of the Council or Commission action, proposed by the Director, or as follows:

A.

General Plan or Zoning Map Amendment. In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent of property for which the amendment is sought. If the property is under multiple ownerships, all owners or their authorized agents shall join in filing the application.

B.

Development Code Amendment. In the case of this Development Code, the Council may also adopt an urgency measure as an interim ordinance, in compliance with Government Code Sections 36937 and 65858.

A.

Application Filing and Processing. If initiated by the filing of an amendment application as specified in Subparagraph 9108.03.020 A. (General Plan or Zoning Map amendment), above, the application shall be processed in compliance with Section 9107.03 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date Department handout for amendment applications, together with the required fee in compliance with the Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection 9108.03.060 (Findings and Decision), below.

B.

Review by Director. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Section.

1.

If the Director finds that the application is complete, the Director shall accept it for filing in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

2.

If the Director finds that the application is incomplete, the Director shall promptly notify the applicant and identify the inadequacies of the application in compliance with Subsection 9107.03.060 (Initial Application Completeness Review).

C.

Timing of General Plan Amendments. As a Charter City, the Council may amend the General Plan as often as it deems necessary.

D.

Development Code/Zoning Map Amendments - Compliance with Government Code Section 65853 Required.

1.

A Development Code or Zoning Map amendment, which amendment changes any property from one zone to another or imposes any regulation(s) specified in Government Code Section 65850 not previously imposed or removes or modifies any specified regulation(s) previously imposed shall be adopted in compliance with Government Code Sections 65854 to 65857, inclusive and as specified in this Section.

2.

Any other amendment to this Development Code may be adopted as other ordinances are adopted.

3.

When the Council has requested the Commission to study and report upon an amendment which is within the scope of this Subsection and the Commission fails to act upon the request within a reasonable time, the Council may, by written notice, require the Commission to render its report within 40 days.

4.

Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by Government Code Section 65854.

5.

Failure of the Commission to report to the Council within the time period specified in Subparagraph 3, above, shall be deemed to be approval of the proposed amendment in compliance with Government Code Section 65853.

E.

Public Hearings Required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.

F.

Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Section 9108.13 (Public Notice and Hearings) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

A.

Commission's Recommendation to Council.

1.

All Amendments. Following the public hearing, the Commission shall adopt a resolution containing its written recommendation(s), findings, and reasons for the recommendation(s), and forward the resolution to

the Council specifying whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Subsection 9108.03.060 (Findings and Decision), below.

2.

Recommendation for Approval of Development Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Development Code or Zoning Map amendment shall require only a majority vote of the Commissioners present.

3.

Recommendation for Approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Commission in compliance with Government Code Section 65354.

4.

Recommendation for Denial by Commission. A recommendation against the proposed Development Code, General Plan, or Zoning Map amendment shall require a majority vote of the total membership of the Commission in compliance with Government Code Section 65354.

B.

Development Code or Zoning Map Amendments. For a Development Code or Zoning Map amendment, where the Commission has recommended against the adoption of the amendment, the Council shall not be required to take any further action on the amendment unless an interested party files a written appeal in compliance with Government Code Section 65856(a) and Section 9108.03 (Appeals).

C.

Appeal of Commission's Recommendation.

1.

The action of the Commission may be appealed within five days following the date of the Commission's recommendation to the Council in compliance with Government Code Section 65354.5.

2.

The appeal shall be filed with the City Clerk in compliance with Government Code Section 65354.5 and Division 9108.03 (Appeals).

A.

Council's Action.

All Amendments. Upon receipt of the Commission's recommendation to approve or approve in modified form the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Subsection 9108.03.060 (Findings and Decision), below.

2.

Development Code or Zoning Map Amendments. The action by the Council to approve, or approve in modified form, the Commission's recommendation regarding a Development Code or Zoning Map amendment shall be by a majority vote of the Council members present, adopted by ordinance, and shall be final and conclusive.

3.

General Plan Amendments. The action by the Council to approve, or approve in modified form, the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Council in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.

B.

Referral to Commission.

1.

If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan amendments) and 65857 (Development Code or Zoning Map amendments).

2.

Failure of the Commission to report back to the Council within the time limits specified in Government Code Sections 65356 (45 days) and 65857 (40 days) following the referral shall be deemed approval by the Commission of the proposed modification(s).

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

A.

Findings for General Plan Amendments.

1.

The amendment is internally consistent with all other provisions of the General Plan; and

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

B.

Findings for Development Code Amendments.

1.

The proposed Development Code amendment is consistent with the goals, policies, and objectives [of] the General Plan; and any applicable specific plan(s); and

2.

The proposed amendment is internally consistent with other applicable provisions of this Development Code.

C.

Findings for Zone Change and Zoning Map Amendments.

1.

The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;

2.

The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land uses/developments; and

3.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

D.

Failure to Make Findings. The Review Authority shall deny the amendment when it fails to make any one or more of the required findings.

(Ord. No. 2375, § 4(Exh. A), 4-6-21)

9108.03.070 - Prezoning - Annexations.

A.

Prezoning Required. Before the annexation to the City of any property in compliance with Section 9108.05 (Annexations), the petitioner of the annexation shall file an application for prezoning of the subject property to be annexed and the City shall establish the zone classification(s) which will be in effect on the effective date of the annexation.

B.

Same as Zoning Map Amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Section for Zoning Map amendments.

C.

Compliance with General Plan. The zoning shall be in compliance with the General Plan and any applicable specific plan.

D.

Prezoning.

1.

Any property lying outside the corporate limits of the City, but being adjacent to and within its sphere of influence, may be prezoned with a City zone classification(s) in compliance with Government Code Section 65859 and this Section.

2.

If any property has been prezoned in this manner, the assigned zone classification(s) shall become effective at the same time the annexation of the property becomes effective.

A.

General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, unless provided later in the resolution.

B.

Development Code and Zoning Map. A Development Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council, unless provided later in the ordinance.

C.

Notifying County Assessor. Whenever the zoning covering a property is changed from one zone to another via a Development Code or Zoning Map amendment, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5.

Section 9108.05 - Annexations.