Chapter 17.94 — AMENDMENTS

This chapter provides procedures for the amendment of the general plan, this development code, and the zoning map whenever the council determines public necessity and general welfare require an amendment.

An amendment of the general plan, this development code, or the zoning map may be initiated by the commission or council, proposed by the director, or:

A.

General Plan or Zoning Map Amendments. In the case of the general plan or zoning map, an amendment may also be initiated by the filing of an amendment application with the department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.

B.

Development Code. In the case of the development code, the council may also adopt an urgency measure as an interim ordinance in compliance with Government Code Section 65858.

A.

Application Filing. If the amendment is initiated by the filing of an amendment application, the application shall be accompanied by the information identified in the department handout for amendment applications, and any applicable fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.94.060 (findings and decision), below.

B.

Application Processing. After the filing and initial processing of a proposed amendment in compliance with Chapter 17.70 (permit application filing and processing), the commission and council shall each conduct one or more public hearings regarding the amendment.

C.

Notice and Hearings. Notice of a public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.92 (public hearings).

A.

Recommendation for Approval. After a public hearing on the proposed amendment to the general plan, this development code, or the zoning map, and the commission has recommended approval of the amendment, the recommendation and findings of the commission, identified in Section 17.94.060 (findings and decision), below, shall be forwarded to the council.

B.

Recommendation for Denial. After a public hearing on the proposed amendment to the general plan, this development code, or the zoning map, and the commission has recommended denial of the amendment, the following procedures shall apply:

1.

If Initiated by the Filing of an Application. If the amendment was initiated by the filing of an application, the council shall not be required to take any further action unless an interested party requests a hearing by filing a written request with the city clerk in compliance with Chapter 17.91 (appeals).

2.

If Initiated by the City. If the amendment was initiated by the city, the recommendation and findings of the commission, identified in Section 17.94.060 (findings and decision), below, shall be forwarded to the council.

C.

Mailing of Commission's Recommendation. A copy of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

A.

Council's Action. Upon receipt of the commission's recommendation in compliance with Section 17.94.040 (commission action on amendment), above, 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 17.94.060 (findings and decision), below.

B.

Referral to Commission. If the council proposes to adopt a substantial modification 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.

An amendment to the general plan, this development code, or the zoning map may be approved only if all of the following findings are 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 and any applicable specific plan;

2.

The proposed amendment would 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, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development would 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.

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 would 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, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zone designation and the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.

The council may impose conditions on a zoning map amendment (e.g., to the land use reclassification of property) where it finds that the conditions are reasonable and necessary to ensure that the council is able to make the findings identified in Section 17.94.060 (Findings and Decision), above, and that approval of the amendment would not create problems considered harmful to the public health, safety, and general welfare of the city.

A.

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

B.

Development Code/Zoning Map. A development code/zoning map amendment shall become effective on the thirty-first day following the date of adoption of an ordinance by the council.