Chapter 6.06 — GENERAL PLAN AND ZONING AMENDMENTS

[9-21-2022 by Ord. 1782]

• A. Purpose. This Chapter establishes procedures for consideration and review of amendments to the General Plan, Development Code, and/or Official Zoning Map, when there are compelling reasons to do so. More specifically, this Chapter addresses:

  1. Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

  2. Amendments to the Development Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

• B. Applicability. The procedures in this Chapter shall apply to:

  1. All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

  2. All proposals to change the text of this Development Code or to revise a zone or boundary line shown on the Zoning Map.

• C. Review Authority. The Planning Commission shall act as the advisory body for all amendments to the General Plan, Development Code, and Zoning Map and provide recommendations to the

City Council. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Development Code, and Zoning Map.

• D. Initiation of Amendment. An Amendment to the General Plan, Development Code, or Zoning Map may be initiated by any qualified applicant identified in Section 6.03.03 (Application Forms and Fees, and Reapplications), the Community Development Director, or by a motion of the City Council or Planning Commission.

E. Procedures.

1. Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 6.03 (Common Procedures). The Community Development Department may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Community Development Department may allow amendments to the General Plan, Development Code, and Zoning Map to be processed concurrently with other applications.

2. Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Subsection I (Criteria for Zoning Amendments) of this Section (if applicable), as well as an environmental document prepared in compliance with the CEQA. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

a discussion of how the proposed amendment meets the criteria in Subsection I (Criteria for Zoning Amendments) of this Section (if applicable), as well as an environmental document prepared in compliance with the CEQA. Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

3. Public Hearing and Notice. All Amendments to the General Plan, Development Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 6.03.08 (Public Notice). Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

• F. Planning Commission Hearing and Recommendation.

  1. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 6.03.09 (Public Hearings).

  2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Subsection I (Criteria for Zoning Amendments) of this Section, and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Community Development Department, with a copy of the approved minutes from the Planning Commission meeting.

G. City Council Hearing and Action.

1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold one or more hearings in accordance with Section 6.03.09 (Public Hearings). The notice for the hearing shall include a summary of the Planning Commission recommendation.

2. City Council Action. After the conclusion of the hearing(s), the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation,

but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

• H. Criteria for General Plan Amendments. The Planning Commission shall not recommend and the City Council shall not approve an amendment to the General Plan unless the proposed amendment meets the following criteria:

  1. The proposed amendment is internally consistent with other applicable provisions of the General Plan;

2. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan;

   3. The proposed amendment would maintain the appropriate balance of land uses within the city;

   4. The proposed amendment is compatible with existing or proposed uses in the area, and would not create an "island" or spot land use designation inconsistent with the intent and policies of the General Plan, or with the density or land uses of surrounding properties;

   5. In the case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints), for the requested land use designation and the anticipated land use developments;

   6. The proposed amendment would not be detrimental to the public interest, health, safety, and general welfare; and

   7. The proposed amendment is in compliance with the provisions of CEQA.

• I. Criteria for Zoning Amendments. The Planning Commission shall not recommend and the City Council shall not approve an amendment to the Development Code and/or Zoning Map unless the proposed amendment meets the following criteria:

  1. The amendment is consistent with the General Plan;

  2. The proposed amendment is internally consistent with other applicable provisions of the Code;

  3. Any change in zone boundaries is consistent with the General Plan and is necessary to achieve the balance of land uses desired by the City;

  4. The amendment will promote the growth of the city in an orderly manner and promote and protect the public health, safety, peace, comfort, and general welfare; and

  5. The proposed amendment is in compliance with the provisions of the CEQA.

[9-21-2022 by Ord. 1782]

• A. Purpose. The purpose of this Chapter is to establish a procedure for zoning property upon annexation.

• B. Applicability. Unincorporated territory adjoining the city may be pre-zoned for determining the zoning that will apply to such property upon annexation.

• C. Procedure. Zoning of property to be annexed shall be established through initiation and processing according to the procedures established in this Chapter.

• D. Notifcation of the Board of Supervisors. In addition to any other public notice required per Section 6.03.08 (Public Notice), the City shall, as a part of any rezoning request, notify the Board of Supervisors of the County of the proposed application of the pre-zoning process.

• E. Effective Date of Zoning. Territory annexed to the city, shall, upon the date that the annexation becomes effective, become a part of the study district, unless the City Council determines otherwise by ordinance. The zoning shall be temporary and the Planning Commission shall recommend to the City Council within a period not to exceed one year a final zoning plan for the annexed territory.

• F. Property Classifcation. The pre-zoning designation as approved shall be shown on the Zoning Map with a "UA" prefix attached to the designation to indicate upon annexation, for example "SN-4 (UA)." Once the annexation is completed, the UA additive shall be removed.

• G. Annexation Schedule and Time Limits. Any pre-zoning classification may be subject to a specific timetable for annexation of all or part of the property to the city. The City reserves the right to review annually whether the pre-zoned property is being annexed to the city in conformity with the timetable, and the City Council may, and expressly reserves the right and power, to revoke the pre-zoned classification solely upon the ground that annexation has not taken place according to the timetable.