§ 155.432 ZONING CODE AND GENERAL PLAN AMENDMENTS.

• (A) General. This section establishes procedures for amending the Zoning Code and General Plan.

• (B) Government code requirements. All amendments must be processed as specified in this section and as set forth in:

• (1) Cal. Gov’t Code §§ 65853 et seq. for Zoning Code Amendments; and

(2) Cal. Gov’t Code §§ 65350 et seq. for General Plan Amendments, as these may be amended from time to time.

• (Ord. 885-C.S., passed 5-21-19)

• (A) Map amendments. A request for an amendment to the Zoning Map and/or General Plan Land Use Map may be initiated by:

• (1) The City Council;

• (2) The Planning Commission;

• (3) The Director; or

• (4) One or more owners of the property for which the amendment is sought.

• (B) Text amendments. A request for an amendment to the text of the Zoning Code and/or General Plan may be initiated by:

• (1) The City Council;

• (2) The Planning Commission;

• (3) The Director; or

• (4) Any resident, property owner or business owner in the city.

(C) General plan amendment petition required. For General Plan amendments, a property owner, resident or business owner may submit an application only after the City Council approves a General Plan amendment petition in accordance with § 155.432.030 (General Plan Amendment Petition).

(D) Frequency of general plan amendment. A mandatory element of the General Plan may be amended no more than four times during any calendar year as set forth in Cal. Gov’t Code § 65358.

(Ord. 885-C.S., passed 5-21-19)

(A) Petition required. The City Council must first approve a General Plan amendment petition before a resident, property owner or business owner may apply for a General Plan amendment.

(B) Petition form and contents. A General Plan amendment petition may be submitted to the Department using an official Department form accompanied by all fees, information and materials required by the Department.

• (C) City Council hearing and action.

(1) The City Council must hold a public hearing on the petition in compliance with § 155.408.100 (Public Hearings).

(2) The City Council may approve the petition and allow the applicant to submit the General Plan amendment application upon finding that the proposed amendment has the potential to serve the public interest.

(3) Petition approval is not a tacit, implied or guarantee of approval of the General Plan amendment, nor does it bind the current or future City Council with regard to the proposed General Plan amendment.

(Ord. 885-C.S., passed 5-21-19)

An application for a Zoning Code and/or General Plan amendment must be filed and reviewed in compliance with § 155.408 (Permit Procedures). The application must include the information and materials required by the Department, together with all required application fees. For amendments submitted by a resident, property owner or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by § 155.432.070 (Findings for Approval). (Ord. 885-C.S., passed 5-21-19)

(A) General. The Planning Commission must hold a public hearing on a proposed amendment in compliance with § 155.408.100 (Public Hearings) for the purpose of recommending action to the City Council.

(B) Recommendation of approval.

(1) The Planning Commission may recommend to the City Council the approval or conditional approval of the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).

(2) The Planning Commission must adopt a resolution recommending approval of the proposed amendment within 60 days after the date the hearing was closed to the public.

• (C) Denial.

(1) The Planning Commission may recommend denial of the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).

(2) For a Zoning Map amendment, if the action of the Planning Commission is to recommend denial, the City Council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the City Clerk. The request for hearing must be filed within five days after the Planning Commission recommendation is filed with the City Council. Such a request is not considered an appeal subject to the requirements in § 155.416 (Appeals and Reviews). The City Council may also review and take action on the proposed amendment without a hearing request if the City Council determines to do so.

(D) Failure to act. If the Planning Commission takes no action within 60 days after the date the hearing was closed to the public, the City Council will consider the proposed amendment without a Planning Commission recommendation. (Ord. 885-C.S., passed 5-21-19)

(A) General. After receipt of the Planning Commission’s recommendation on a proposed amendment, the City Council will hold a public hearing on the proposal in compliance with § 155.408.100 (Public Hearings); except that, no hearing is required for recommendations of denial in accordance with § 155.432.050(C) (Denial).

(B) Approval or denial. The City Council may approve, approve with modification or deny the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).

(C) Finality of action. The action by the City Council is final and conclusive.

(D) Referral to Planning Commission. If the City Council proposes to adopt a substantial modification to an amendment not previously considered by the Planning Commission, the proposed modification must be first referred to the Planning Commission for its recommendation before action is taken by the City Council.

(E) Failure to report. The failure of the Planning Commission to report back to the City Council within 40 days after the reference, or within the time set by the City Council, will be treated as a recommendation of approval. (Ord. 885-C.S., passed 5-21-19)

(A) Zoning Code amendments. The City Council may approve a Zoning Code amendment only if all of the following findings are made.

• (B) Findings required for all Zoning Code and map amendments.

• (1) The proposed amendment is consistent with the General Plan and any applicable specific plan or area plan.

• (2) The proposed amendment is internally consistent with other provisions of the Zoning Code.

• (3) The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare.

• (C) Additional finding for Zoning Map amendments. The affected site is physically suitable in terms of design, location, shape, size and other characteristics to accommodate development that complies with the Zoning Code and General Plan and contributes to the health, safety and welfare of the property, surrounding properties and the community at large.

(D) General plan amendments. The City Council may approve a General Plan amendment only if all of the following findings are made.

• (E) Findings for all general plan amendments.

• (1) The proposed amendment is in the public interest.

• (2) The proposed amendment is internally consistent with all other provisions of the General Plan.

• (3) The proposed amendment complies with state law applicable to the General Plan as established in Cal. Gov’t Code §§ 65300 et seq.

(F) Additional finding for land use map amendments. The affected site is physically suitable in terms of design, location, shape, size and other characteristics to accommodate development that complies with the General Plan and contributes to the health, safety and welfare of the property, surrounding properties and the community at large.

(Ord. 885-C.S., passed 5-21-19)

If the city denies a Zoning Code or General Plan amendment, within one year of the denial, the Department may not accept a new application for the same or substantially similar amendment, except in the following cases:

• (A) Upon initiation by the City Council or Planning Commission;

(B) The applicant requests a reclassification to a different zoning district and/or General Plan land use designation than previously requested; or

(C) When a previous Zoning Code amendment application was denied because the proposed amendment would not conform with the General Plan, and the General Plan has subsequently been amended in a manner which will allow the proposed amendment.

(Ord. 885-C.S., passed 5-21-19)

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