§ 19.142

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

A.

Who may initiate. An amendment may be initiated by the Commission or Council, proposed by the Director, or as specified in Subsection B., below.

B.

General plan or zoning map amendments only.

1.

In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by any or all of the owners or authorized agent(s)/representative(s) of property owners for which the amendment is sought, or the plaintiff in an action in eminent domain to acquire the subject property.

2.

An application for a General Plan or Zoning Map amendment shall be construed as a suggestion only. The City shall not be required to hold any public hearings merely because an application has been filed.

19.142.030 - Processing, notice, and hearings.

A.

Application filing and processing.

1.

If initiated by the filing of an amendment application in compliance with Subsection 19.142.020 (Initiation of Amendment), above, the application shall be processed in compliance with Chapter 19.112 (Application Processing Procedures).

2.

The application shall include the information and materials specified in the Department handout for amendment applications; together with the required fee in compliance with the Planning Fee Schedule.

3.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 19.142.060 (Findings and Decision), below.

B.

Timing of general plan amendments. The mandatory elements of the General Plan may be amended up to four times in a single calendar year, as authorized by and subject to the provisions of Government Code Section 65358.

C.

Public hearings required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.

D.

Notice and hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

19.142.040 - Commission's action on amendment.

A.

Recommendation to council.

1.

All amendments. After the public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 19.142.060 (Findings and Decision), below.

2.

Recommendation for approval of development code or zoning map amendments. A recommendation for approval or approval in modified form of a Development Code or Zoning Map amendment shall require only a majority vote.

3.

Recommendation for approval of general plan amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65354.

B.

Denial by commission.

1.

A recommendation against the proposed amendment shall require only a majority vote.

2.

The action of the Commission to deny an amendment shall be final and conclusive unless, within five days following the date of the Commission's action, an appeal is filed with the City Clerk in compliance with Chapter 19.144 (Appeals) and as specified in Government Code Sections 65354.5 and 65856.

A.

Approval.

1.

All amendments. Upon receipt of the Commission's recommendation to approve, or approve in modified form, the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 19.142.060 (Findings and Decision), below.

2.

Approval of development code or zoning map amendments. The action by the Council to approve the Commission's recommendation regarding a Development Code or Zoning Map amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.

3.

Approval of general plan amendments. The action by the Council to approve the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.

B.

Referral to commission.

1.

If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857.

2.

Failure of the Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Commission of the

proposed modification(s).

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

A.

Findings for general plan amendments.

1.

The amendment is internally consistent with all other provisions of the General Plan;

2.

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

3.

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

B.

Findings for development code and zoning map amendments.

1.

Findings required for all development code and zoning map amendments.

a.

The proposed amendment is consistent with the General Plan and any applicable specific plan; and

b.

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

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 affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle access, and public services and utilities and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate, to ensure that the proposed use(s) and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

A.

Prezoning required. Before the annexation to the City of any property, the sponsor of any annexations shall file an application for prezoning of the subject property to be annexed and the City shall establish the zone(s) which will be in effect on the effective date of the annexation.

B.

Same as zoning map amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Chapter for Zoning Map amendments.

C.

Compliance with plans. The zoning shall be in compliance with the General Plan and any applicable specific plan.

D.

Prezoning.

1.

Any property lying outside the corporate limits of the City, but being adjacent to and within its sphere of influence, may be prezoned with a City zone classification in compliance with Government Code Section 65859 and this Chapter.

2.

If any property has been prezoned in this manner, the assigned zone classification shall become effective at the same time the annexation of the property becomes effective.

A.

General plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.

B.

Development code and zoning map. A Development Code or Zoning Map amendment shall become effective on the 31[st ] day following the adoption of an ordinance by the Council.

Chapter 19.144 - APPEALS

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