Chapter 23.412 — ZONING ORDINANCE AMENDMENTS

Sections: 23.412.010 Purpose. 23.412.020 Initiation. 23.412.030 Application. 23.412.040 Planning Commission Hearing and Action. 23.412.050 City Council Hearing and Action. 23.412.060 Findings for Approval. 23.412.070 Limitations on Resubmittals after Denial. 23.412.080 Zoning Map Amendment Notations.

This chapter establishes procedures for amending the Zoning Ordinance, including the Zoning Map and Zoning Ordinance text. All amendments to the Zoning Ordinance shall be processed as set forth in Government Code Section 65853 et seq. and as specified in this chapter. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Zoning Map Amendment. A Zoning Map amendment may be initiated by:

1. Resolution of the City Council or Planning Commission; or

2. Application of one or more owners of the property for which the amendment is sought.

B. Zoning Ordinance Text Amendment. A Zoning Ordinance text amendment may be initiated by resolution of the City Council or Planning Commission. (Ord. 7787-NS § 2 (Exh. A), 2021)

An application for a Zoning Map amendment submitted by a property owner shall be filed and reviewed in compliance with Section 23.404.020 (Application Submittal). The application shall include the information and materials required by the Planning and Development Department, together with all required application fees. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Public Hearing. The Planning Commission shall hold a public hearing on a proposed Zoning Ordinance Amendment in compliance with Section 23.404.040 (Public Notice).

B. Planning Commission Recommendation.

1. The Planning Commission may recommend that the City Council approve, conditionally approve, or deny
the proposed Zoning Ordinance Amendment based upon the findings specified in Section 23.412.060
(Findings for Approval).

2. A recommendation for approval shall be made by a majority vote of the total membership of the
Planning Commission.

3. If the Planning Commission recommends denial of a Zoning Map amendment, the City Council is not
required to take further action on the proposed amendment unless the City receives a written request from
an interested party for a City Council hearing within ten days after the Planning Commission action.

C. Recommendation Expiration.

1. A Planning Commission recommendation shall expire and have no further effect if the City Council takes no action on a proposed Zoning Ordinance Amendment within six months after the date the Planning Commission approved the recommendation.

2. The City Council may extend the effective period of a Planning Commission recommendation for up to an additional 18 months. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Public Hearing. After receiving the Planning Commission’s recommendation, the City Council shall hold a public hearing on the proposed Zoning Ordinance Amendment in compliance with Section 23.404.050 (Public Hearings and Decisions).

B. Council Action.

1. General.

(a) The City Council may approve, conditionally approve, or deny the proposed Zoning Ordinance
Amendment based upon the findings specified in Section 23.412.060 (Findings for Approval).

(b) The action by the City Council shall be made by a majority vote of the total membership of the City
Council.

2. Referral to Planning Commission.

(a) If the City Council proposes to adopt a substantial modification to the Zoning Ordinance
Amendment not previously considered by the Planning Commission, the proposed modification shall be
first referred to the Planning Commission for its recommendation.

(b) The failure of the Planning Commission to report back to the City Council within 40 days after the
reference, or within the time set by the City Council, shall be deemed a recommendation of approval.

C. Effective Date. Zoning Ordinance Amendments become effective 30 days after the adoption of the ordinance by the City Council, or at a later date as determined by the City Council. (Ord. 7787-NS § 2 (Exh. A), 2021)

The City Council may approve a Zoning Ordinance Amendment only if all of the following findings are made:

A. Findings for all Zoning Ordinance Amendments.

1. The proposed amendment is consistent with the General Plan and any applicable specific plan or area plan.

2. The proposed amendment is consistent with state law.

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

B. Additional Finding for Zoning Ordinance Text Amendments. The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.

C. Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the Zoning Ordinance and General Plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. One-Year Prohibition. If the City denies a Zoning Map Amendment, the City may not accept a resubmitted application for the same or substantially similar Zoning Map Amendment within one year from the date of denial, unless:

1. The original application is denied without prejudice; or

2. The City Council allows resubmittal within six-months of denial as allowed by Subsection B (Six-Month Exception) below.

B. Six-Month Exception.

1. The City Council may allow a resubmitted application within six months from the date of denial if the Council finds that:

   (a) Changed circumstances in relation to the property warrant early resubmittal, and

   (b) Any property owner objections to the original application have been withdrawn.

2. The burden rests with the applicant to submit evidence and show that the findings in Paragraph B.1 above can be made. (Ord. 7787-NS § 2 (Exh. A), 2021)

All adopted amendments to the Zoning Map shall be noted on the map with the date and number of the amending ordinance. (Ord. 7787-NS § 2 (Exh. A), 2021)