Chapter 16.315 — ZONE CHANGES AND CODE AMENDMENTS

It is the intent of this chapter to provide for changes of the zoning designation on properties where such change is in conformity with the General Plan and where such zone change is warranted by considerations of access, surrounding development, and timing of development. It is also the intent of this chapter to provide for amendments to this title, as the City may deem necessary or desirable.

(08-05)

An amendment to any part of this title pertaining to the development or a change of zone of any property within the City shall be adopted pursuant to this chapter. All other amendments to this title may be adopted as other ordinances are adopted. (08-05)

The City may initiate an amendment to this title, or any person may request an amendment to this title by filing an application on forms provided by the Department of Community Development together with applicable fees. (12-01)

The City may initiate a change of zone for any land within the City, and a property owner or person having an interest in land may request a change of zone for such land by filing an application on forms provided by the Department of Community Development together with applicable fees. The application for a zone change shall be signed by at least one property owner within the area for which the zone change is proposed. (12-01)

Applications for a zone change or Code amendment shall be submitted on forms provided by the Director of Community Development together with the applicable filing fee. Filing fees shall be as established by resolution of the City Council. An application for a Code amendment or zone change shall include a justification statement and any other additional information determined necessary by the Director of Community Development for a complete understanding of the specific request. Upon receipt of an application, staff shall review the application and inform the applicant as to the completeness of the submittal and of additional materials required, if any. (12-01)

When an application has been determined complete, or when a zone change or Code amendment is initiated by the City, staff shall investigate the facts of the request, review the request pursuant to the requirements of the California Environmental Quality Act (CEQA), and set the matter for a public hearing by the Planning Commission. (12-01)

The Planning Commission shall hold a public hearing on the proposed Code amendment or change of zone. After the hearing, the Planning Commission shall render a written recommendation on the proposal to the City Council. Such recommendation shall include the reasons for the recommendations, and the relationship of the proposal to the City's General Plan and any applicable specific plans. A positive recommendation shall require the affirmative vote of at least five members of the Commission when six or more are present and eligible to vote on the proposal. In the event that less than six members are present or eligible to vote on the proposal, four affirmative votes are required for a positive recommendation. Any vote by the Commission, which is less than the required number set forth in this section, shall be considered a negative recommendation of the Planning Commission. If the recommendation is negative, then no further action on the matter need be taken, except such negative recommendation shall be deemed a final decision, which may be appealed pursuant to Chapter 16.321 . (12-01)

If the Planning Commission recommendation is positive, or if an appeal is filed of the Planning Commission's negative recommendation, the City Council shall hold a public hearing. (12-01)

Notice of the public hearings by the Planning Commission and the City Council on a Code amendment or a zone change shall be given pursuant to Government Code Sections 65854 and 65856 . (12-01)

• A. In the event that the recommendation from the Planning Commission has received the affirmative votes required by Section 16.315.080 , the City Council may approve the proposed amendment or ordinance by a majority vote of the Council.

• B. The Council shall not make any change or addition to the proposed amendment or ordinance which has not been previously considered by the Planning Commission during its hearing until the proposed change or addition has been referred to the Planning Commission for a report and a copy of the report has been filed with the Council. Failure of the Planning Commission to report within 40 days after the reference, or such longer period as may be designated by the Council, shall be deemed to be approval of the proposed change or addition. It shall not be necessary for the Planning Commission to hold a public hearing on such proposed change or addition.

• C. In the event the Council desires to effect any change contrary to the recommendation of the Planning Commission, then any ordinance affecting such change shall not be adopted except by at least four affirmative votes of the Council except,

after the referral set forth in subsection D of this section, a majority vote of the Council will be sufficient.

• D. In the event that the majority of the Council does not agree with the recommendation of the Planning Commission, and in the further event that the Council cannot obtain the vote of four members of the Council for a change to the recommendation, then the proposed change shall be referred to a committee composed of two members of the Planning Commission and two members of the Council to further study the matter. This committee shall make a written report to the City Council no later than 60 days from the date of referral.

After receipt of this report, the City Council may approve the proposed amendment or ordinance by a majority vote of the Council.

(08-05)