§ 17.76

The following provisions allow for the amendment of the General Plan, the official zoning map, or this development code whenever required by public necessity and general welfare. A General Plan amendment may include revisions to text, goals, policies, actions or land use designations. Zoning map amendments have the effect of rezoning property from one zoning district to another. Amendments to this development code may modify any standards, requirements or procedures applicable to the subdivision, development or use of property within the city.

(Ord. No. 2010-265, § 3, 1-27-2010)

Upon receipt of a complete application to amend the General Plan, the zoning map or this development code, or upon initiation by the director, commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 17.78.

(Ord. No. 2010-265, § 3, 1-27-2010)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 17.76.050.

(Ord. No. 2010-265, § 3, 1-27-2010)

Upon receipt of the commission's recommendation, the council shall, approve, approve in modified form or disapprove the proposed amendment based upon the findings in Section 17.76.050.

If the council proposes to adopt any substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its

recommendation. Failure of the commission to report within forty-five (45) days after the referral, or within any longer time set by the council, shall be deemed a recommendation for approval of the modification.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.76.050 - Findings.

A.

Findings for General Plan Amendments. An amendment to the General Plan may be approved only if all of the following findings are made:

1.

The proposed amendment is internally consistent with the General Plan;

2.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city;

3.

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

4.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

B.

Findings for Zoning Map or Development Code Amendments. An amendment to the text of this development code or the official zoning map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1.

Findings Required for all Zoning Map and Development Code Amendments.

a.

The proposed amendment is consistent with the goals, policies, and actions of the General Plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city; and

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

2.

Additional Finding for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this development code.

3.

Additional Finding for Zoning Map Amendments. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and

anticipated land uses/developments.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.78 - PUBLIC HEARINGS