Chapter 17.128 — GENERAL PLAN AND ZONING AMENDMENTS

modified

This chapter establishes provisions for amending the general plan or this title whenever deemed necessary. This includes amending, supplementing or changing standards, districts or regulations of the general plan or this title. In addition, this chapter outlines the process for the Planning Commission to make general plan conformity findings for street and alleyway vacations.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

General Plan Amendments.

1.

Revise any text;

2.

Revise any map, table, graphic illustration, other than the Land Use Policy Plan (or the land use map) located in the Land Use Element; or

3.

Revise the general plan Land Use Policy Plan (or the land use map) located in the Land Use Element. This has the effect of changing the land use from one category to another.

B.

Zoning Amendments.

1.

Revise any text, table, graphic or illustration of this title (or a zoning code amendment); or

2.

Revise the zoning map (or a zone change). This has the effect of rezoning property from one zoning district to another.

C.

General Plan Conformity Applications. Vacate a public street, alleyway or easement.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Applications.

1.

Applications for a general plan amendment, general plan conformity or zoning amendment shall be made on the appropriate form. The Community Development Director shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission and City Council can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 17.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one application or action is needed for the project.

2.

The following may submit or initiate an application for a general plan amendment, general plan conformity or zoning amendment:

a.

A majority of the City Council;

b.

A majority of the City Council may adopt an urgency ordinance or interim Zoning Code amendment in compliance with Section 65858 of the California Government Code;

c.

The Community Development Director; or

d.

An owner or authorized applicant of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application. The Community Development Director also has the authority to initiate expanding the boundaries.

B.

Records. Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing and shall be part of the permanent official records of the Planning Commission and City Clerk.

C.

Public Notices. Public notices shall be provided and processed in a manner consistent with the provisions of Section 65090 and/or 65091 of the California Government Code as required, and shall be given by the methods specified as follows:

1.

Public notice for a General Plan or Zoning Amendment that includes one or more properties:

a.

Publish a notice once in a newspaper of general circulation in the city a minimum twenty (20) days prior to the Planning Commission public hearing if the proposed amendment affects the uses on a property. In all other instances, the notice shall be published a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and location of the property and the nature of the request.

b.

Mail a notice, postage prepaid, to the applicant and to owners and occupants of all properties within a specified radius. Such notice shall be mailed a minimum twenty (20) days prior to the Planning Commission public hearing if the proposed amendment affects the uses on a property. In all other instances, the notice shall be mailed a minimum ten (10) days prior to each public hearing. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the city.

i.

The mailing radius shall be five hundred (500) feet of the exterior boundaries of the subject property. The Community Development Director may direct the applicant to increase the mailing radius, but in no event shall it be greater than seven hundred (700) feet.

ii.

If the number of effected properties exceed one thousand (1,000), the Community Development Director or City Clerk may reduce the mailing radius to three hundred (300) feet or, in lieu of a mailed or written notice, provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation.

c.

Post the Property. A minimum of one notice shall be posted along each street frontage a minimum ten (10) days prior to the public hearing. The posting shall be placed in the ground or on a fence, wall or building façade that is set back no more than ten (10) feet from the street property line. If the number of effected properties exceeds five (5), the Community Development Director or City Clerk may remove this requirement.

2.

Public notice for a General Plan or Zoning Amendment that does not include a specific property as the subject of the application. Publish a notice once in a newspaper of general circulation in the city a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and the nature of the request.

3.

Public notice shall not be required for a General Plan Conformity.

D.

Public Hearings for a General Plan or Zoning Amendment.

1.

At the conclusion of a Planning Commission public hearing on a proposed general plan or zoning amendment, the Planning Commission may recommend the City Council approve the amendment, approve the amendment with revisions or deny the amendment. If evidence received shows facts which the provisions of this chapter would entitle a person to a variance or conditional use permit, the Planning Commission may concurrently recommend the City Council entitle the applicant to a variance or conditional use permit.

2.

At the conclusion of a City Council public hearing on a proposed general plan or zoning amendment, the City Council may approve or deny the amendment, or it may refer the amendment back to the Planning Commission for further consideration. If the Planning Commission concurrently recommends the City Council approve a variance or conditional use permit, the City Council may approve, deny or refer the recommendation back to the Planning Commission for further consideration.

3.

The Planning Commission is not required to review an urgency ordinance or interim Zoning Code amendment in compliance with Section 65858 of the California Government Code.

E.

Public Meetings for Conformity Applications. The Planning Commission shall make or deny the conformity findings. The findings shall then be forwarded to the City Council to complete the street or alleyway vacation process.

F.

Decisions. The Planning Commission shall make its recommendation or decision on a general plan, zoning amendment and/or conformity by resolution. The City Council shall make its decision on a general plan amendment by resolution and its decision on a zoning amendment by ordinance.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Before a general plan or zoning amendment may be granted, the Planning Commission (on recommendation) and City Council shall make all of the following findings:

1.

The amendment will not be detrimental to the public health, safety or welfare or injurious to the city;

2.

The subject property (or properties) proposed for the amendment are physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land uses/developments (only required when the amendment is for a specific property or series of properties); and

3.

The amendment is consistent with the purpose, goals and policies of the city's general plan.

B.

Before a general plan conformity may be granted, the Planning Commission shall make all of the following findings:

1.

The proposed vacation is anticipated to serve the public interest and be a public benefit; and

2.

The proposed vacation is consistent with the purpose, goals and policies of the city's general plan.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

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

B.

A general plan conformity shall become effective immediately upon the adoption of a resolution by the Planning Commission.

C.

A zoning amendment shall become effective thirty (30) days following the second reading of an ordinance. However, an urgency ordinance or an interim zoning code amendment in compliance with Section 65858 of the California Government Code shall take effect immediately.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

Planning Commission denials regarding this chapter are appealable to the City Council. Refer to Section 17.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)