Lodi Municipal Code Ch. 17.72 Amendments

This chapter establishes provisions for the amendment of the general plan, the official zoning map, or this development code whenever required by public necessity and general welfare.

(Ord. No. 1869, § 2, 2-20-2013)

A. General Plan. A general plan amendment may include revisions to text or diagrams.

B. Zoning Map. A zoning map amendment has the effect of rezoning property from one zoning district to another.

C. Development Code. A development code amendment may modify any standard, requirement, or procedure applicable to land use and/or development within the city.

(Ord. No. 1869, § 2, 2-20-2013)

An amendment to the general plan, the zoning map, or this development code shall be initiated in compliance with this section.

A. Who May Initiate an Amendment. An amendment may be initiated by:

1. The council;

2. The commission;

3. The director; or

4. The filing of an amendment application with the department by an eligible applicant, except for a development code amendment, which may only be initiated by the council or commission or director.

B. Application Filing and Processing.

1. An application for an amendment shall be filed and processed in compliance with Chapter 17.38 (Application Filing and Processing).

2. The application shall be accompanied by the information identified in the department handout for amendment applications.

(Ord. No. 1869, § 2, 2-20-2013)

A. Scheduling of Hearings. Upon receipt of a complete application to amend the general plan, the zoning map, or development code, or upon initiation by the commission or council, and following department review, public hearings shall be scheduled before the commission and council.

B. Notice of Hearings. Notice of the hearings shall be given in compliance with Chapter 17.74 (Public Hearings).

(Ord. No. 1869, § 2, 2-20-2013)

A. Commission's Recommendation. The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 17.72.070 (Findings and Decision), below.

B. Recommendation for Disapproval. The decision of the commission, recommending disapproval of the amendment, shall be final unless, within twenty days after the commission's action, the applicant/appellant files a written appeal with the city clerk requesting a hearing before the council.

(Ord. No. 1869, § 2, 2-20-2013)

A. Approval or Disapproval of Amendment. Upon receipt of the commission's recommendation, the council shall, approve, approve in modified form, or disapprove the proposed amendment based upon the findings in Section 17.72.070 (Findings and Decision), below.

B. Referral to Commission.

1. If the council proposes to adopt any substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation, in compliance with state law (Government Code Sections 65356 [General Plan amendments] and 65857 (Zoning Map/Development Code Amendments)).

2. Failure of the commission to report back to the council within forty-five days for general plan amendments or forty days for zoning map/development code amendments after the referral, or within a longer time set by the council, shall be deemed a recommendation for approval of the modification.

(Ord. No. 1869, § 2, 2-20-2013)

A. Findings for General Plan Amendments. An amendment to the general plan may be approved only if all of the following findings of fact can be made in a positive manner:

1. The proposed amendment is internally consistent with the general plan;

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;

3. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments; and

4. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the Lodi Environmental Review Guidelines.

B. Findings for Zoning Map/Development Code Amendments. An amendment to the official zoning map or this development code may be approved only if the review authority first finds all of the following, as applicable to the type of amendment.

1. Findings Required for All Zoning Map/Development Code Amendments.

a. The proposed amendment is consistent with the general plan;

b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and

c. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the Lodi Environmental Review Guidelines.

2. Additional Finding for Zoning Map Amendments. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.

3. Additional Finding for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this development code.

(Ord. No. 1869, § 2, 2-20-2013)

A zoning map/development code amendment shall become effective on the 31st day following the adoption of an ordinance by the council in compliance with Chapter 17.72 of this development code. A general plan amendment shall become effective upon the adoption of a resolution by the council.

(Ord. No. 1869, § 2, 2-20-2013)

A. Purpose. An unincorporated property within the city's sphere of influence may be prezoned to the zoning district that would apply upon annexation to the city.

B. Initiation and Processing. A prezoning shall be initiated, processed, and approved or disapproved in the same manner as provided for other amendments by this chapter.

C. Application of Official Zoning Designation. Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the zoning map.

(Ord. No. 1869, § 2, 2-20-2013)