Chapter 10.112 — AMENDMENTS (GENERAL PLAN, ZONING CODE, AND ZONING MAP)

This Chapter provides procedures for the amendment of the City’s General Plan, this Zoning Code, or the City’s Zoning Map. (Ord. 935 § 3 (part), 2015)

An amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by the Council, the Commission, the Director, or the owner(s) or authorized agent(s) of property for which the amendment is sought. (Ord. 935 § 3 (part), 2015)

A. Application Filing and Processing.

1. If initiated by the filing of an amendment application in compliance with Section 10.112.020., above, the application shall be processed in compliance with Chapter 10.82 (Permit Application Filing and Processing).

2. The application shall include the information and materials specified in the Department handout for amendment applications, together with the payment of the required fee in compliance with the Planning Fee Schedule. Additionally, the applicant shall be responsible for all costs related to the CEQA review, in compliance with Section 10.82.050 (Application Fees).

3. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.112.060 (Findings and Decision), below.

• B. Review by Director. Following receipt of a completed application, the Director shall investigate the facts necessary for action consistent with the purpose of this Chapter.

1. If the Director finds that the application is complete, the Director shall accept it for filing.

2. If the Director finds that the application is incomplete, the Director shall promptly notify the applicant and identify the inadequacies of the application.

C. 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. D. Public Hearings Required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.

E. Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 10.116 (Public Notices and Hearings) and as specified in Government Code Sections 65353, 65355, 65854, and 65856. (Ord. 935 § 3 (part), 2015)

A. Recommendation to Council.

1. All Amendments. Following the public hearing, the Commission shall adopt a resolution containing its written recommendation(s), and reasons for the recommendation(s), and forward the resolution to the Council specifying

whether to approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 10.112.060 (Findings and Decision), below.

2. Recommendation for Approval of Zoning Code Text or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require a majority vote of the total membership.

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 membership of the Commission in compliance with Government Code Section 65354.

• B. Denial by Commission. A recommendation against the proposed amendment shall require a majority vote of the total membership of the Commission. (Ord. 935 § 3 (part), 2015)

• A. Action to Approve or Deny Amendment.

1. Time limit for Council’s action. The Council shall conduct a public hearing on an amendment request within 45 days of receipt of the Commission’s recommendation.

2. General Plan Amendments. Upon receipt of the Commission’s recommendation on a General Plan 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 10.112.060 (Findings and Decision), below.

3. Zoning Code Text Amendments. Upon receipt of the Commission’s recommendation on a Zoning Code text 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 10.112.060 (Findings and Decision), below.

4. Zoning Map Amendments.

a. Action of Commission to Approve Amendment Upon receipt of the Commission’s recommendation to approve a Zoning Map 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 10.112.060 (Findings and Decision), below.

b. Action of Commission to Deny Amendment. The action of the Commission to deny a Zoning Map amendment shall be final and conclusive, unless an appeal is filed with the City Clerk in compliance with Chapter 10.114 (Appeals), provided, however, that the appeal shall be filed within five days of the Commission’s adoption of the resolution denying a Zoning Map amendment in compliance with Government Code Section 65856. 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). (Ord. 935 § 3 (part), 2015)

An amendment to the General Plan, this Zoning Code, or the 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.

3. For site specific General Plan amendments only, 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 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 Zoning Code and Zoning Map Amendments. In addition to the findings specified in Subsection A. (Findings for General Plan Amendments), above, the following additional findings shall be made for all Zoning Code and Zoning Map amendments.

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

2. For Zoning Code Amendments only, the proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

3. For Zoning Map Amendments only, 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 zoning designation and the proposed or anticipated uses 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.

C. Failure to Make Findings. The review authority shall deny the amendment when it fails to make any one or more of the required findings. (Ord. 935 § 3 (part), 2015)

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

B. Zoning Code and Zoning Map Amendments. A Zoning Code or Zoning Map amendment shall become effective on the 31st day following the date the ordinance is adopted by the Council. (Ord. 935 § 3 (part), 2015)