Part 15 — ZONING CODE TEXT AND ZONING MAP AMENDMENTS

California Gov’t Code § 65853 allows amendments to any provisions of this chapter, including the adoption of new regulations or deletion of existing regulations, and for changes to the zoning designation on any parcel within the city. (Ord. 1346, passed 5-2-12)

Amendments to the provisions of this chapter may be initiated in any one of the following manners:

• (A) Upon resolution of the City Council;

• (B) Upon resolution of the Planning Commission; or

(C) Upon application by a property owner, by a property owner’s authorized agent or by any public utility who has exercised eminent domain.

(Ord. 1346, passed 5-2-12)

Applications for a zoning code text or map amendment shall be processed in accordance with these regulations.

(A) A public hearing before the Planning Commission shall be noticed and conducted pursuant to the requirements of this chapter.

(B) At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed zoning code amendment is consistent with the objectives of this chapter, the General Plan and development policies of the city.

(C) The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications or denial of the proposed application. A majority vote of the quorum present is required to recommend approval or approval with modifications.

(D) The Planning Commission’s resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council.

(E) Upon receipt of the Planning Commission resolution for denial of a zoning map amendment (change of zone), the City Clerk shall place the Commission’s resolution on the City Council agenda as a receive-and-file item. The Planning Commission’s decision shall be considered final and no further action by the City Council will be required unless an appeal is filed, or unless the City Council chooses to set the matter for hearing.

(F) Upon receipt of the Planning Commission resolution for approval of a zoning map amendment (change of zone), zoning code text amendment or denial of a zoning code text amendment, the City Clerk shall set the matter for hearing before the City Council.

(G) At the hearing, the City Council shall review the Planning Commission’s recommendation and receive evidence as to how or why the proposed amendment is consistent with the objectives of this chapter, the General Plan

and development policies of the city.

• (H) The City Council shall act to approve or deny the application.

(I) 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 Planning Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 45 days of receiving City Council’s request shall provide the City Council with authority to act without Planning Commission’s recommendation.

(Ord. 1346, passed 5-2-12)

In acting to approve an amendment to the zoning code, the City Council shall make the following findings about the proposed zoning code amendment:

• (A) The amendment is consistent with the goals, policies and objectives of the General Plan;

• (B) The amendment will not adversely affect surrounding properties;

• (C) The amendment promotes public health, safety and general welfare; and

• (D) The amendment serves the goals and purposes of the zoning code.

• (Ord. 1346, passed 5-2-12)

The adoption of the zoning code text or map amendment shall constitute final action, approval and record of the amendment.

(Ord. 1346, passed 5-2-12)