Chapter 106.74 — AMENDMENTS

This Chapter provides procedures for the amendment of the General Plan, a specific plan, the Zoning Map, and this Zoning Code whenever the Council determines public necessity and general welfare require an amendment.

An amendment to the General Plan, specific plan, the Zoning Map, or this Zoning Code shall be initiated in compliance with this Section.

A.

Who may initiate an amendment. An amendment may be initiated by the Council at its discretion, or by the Council in response to a recommendation from the Commission or Director, or a resident request, or upon application by a property owner of a parcel to be affected by an amendment of the Zoning Map which rezones the parcel, or amendment to the text of the Code.

B.

Application filing and processing.

1.

An application for an amendment shall be filed and processed in compliance with Chapter 106.60 (Permit Application Filing and Processing).

2.

The application shall be accompanied by the information identified in the Department handout for amendment applications, and shall also include a proposed plan of development, which may be filed as an application for Use Permit, Design Review, or other appropriate approval.

A.

Scheduling of hearings. Upon receipt of a complete application for an amendment, or upon initiation by the Commission or Council, and following Department review, public hearings shall be scheduled before the Commission and Council. Prior to the scheduling of hearings, the City shall comply with the requirements of Government Code § 65352.3 regarding Native American consultation, as applicable.

B.

Notice of hearings. Notice of the hearings shall be given in compliance with Chapter 106.76 (Public Hearings).

The Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings in Section 106.74.060 (Findings).

A.

Action to approve/disapprove. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings in Section 106.74.060 (Findings).

B.

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

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

A.

Findings for General Plan and specific plan amendments.

1.

The amendment is internally consistent with all other provisions of the General Plan or specific plan, as applicable;

In the case of a specific plan, the amendment is consistent with the General Plan;

3.

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

4.

The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

B.

Findings for Zoning Map/Code amendments.

1.

Findings required for all Zoning Map/Code amendments:

a.

The proposed amendment is consistent with the General Plan; and

b.

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

2.

Additional finding for Zoning Map amendments: The affected site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses and/or development.

If an application for a change of zone is denied, another application for the same zone classification shall not be accepted by the Director within a one-year period unless specific approval for the filing is given by the Commission or Council.