16.58 General Plan, Zoning Map, and Development Code Amendments

The purpose of this chapter is to provide procedures for the amendment of the general plan, the zoning map, and this development code, whenever required by public convenience, health, safety, and general welfare. In addition, state law (Government Code Section 65400 et seq.) requires that the general plan be periodically updated. A general plan amendment may include revisions to actions, goals, land use designations, policies, or text. Zoning map amendments have the effect of rezoning property from one zoning district to another. Amendments to this development code may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the city.

(Ord. 182 § 2 (part), 1997)

Authority for the approval of amendments to the general plan, the zoning map, and this development code shall be vested in the council. The director and the commission shall provide written recommendations to the council regarding the amendments. A public hearing in compliance with Chapter 16.76 shall be required. Amendments to zoning districts or text of this development code that are not consistent with the general plan shall be accompanied by a general plan amendment application.

(Ord. 182 § 2 (part), 1997)

An amendment to the general plan, the zoning map, or this development code may be initiated by any of the following actions:

A. Council or Commission. The majority vote of the council or commission;

B. Property Owner. The filing of an application from the property owner(s) or the authorized agent, or any affected party. If the property for which an amendment is proposed is in more than one ownership, all of the owners or their authorized agents shall join in filing the application; and

C. Director. The determination by the director that the amendment is necessary to implement or achieve consistency with the general plan and any applicable specific plan.

(Ord. 182 § 2 (part), 1997)

Applications for an amendment to the general plan, the zoning map and this development code shall contain the following information:

• A. Application Contents. Completed planning application form and required fee and attachments (see also Section

• 16.48.030);

• B. Information. Information based on the handout provided by the department.

• C. Revised Map(s). Map(s) with the area to be changed outlined in a heavy, black line with the proposed change

• clearly labeled;

D. Revised Text. Text, with the existing words to be deleted, lined through, and the words to be added under-lined; and

E. Supporting Statements. Statement(s) describing either the reason of public convenience, health, safety, and general welfare requiring the amendment or how the changes implement the general plan and any applicable specific plan.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

Upon receipt of a complete application to amend the general plan, the zoning map, or this development code, or on initiation by the commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 16.76 (Public Hearings). (Ord. 182 § 2 (part), 1997)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings contained in Section 16.58.080 (Findings), below. A recommendation to approve or approve in modified form shall be carried by the affirmative vote of the majority of the entire commission.

(Ord. 430-10 § 9, 2010; Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)

A. Council's Action. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in Section 16.58.080 (Findings), below.

If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification may 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/Code Amendments]).

• B. Adoption.

1. General Plan. Amendments to the general plan shall be adopted by resolution; and

2. Zoning Map and Development Code. Amendments to the zoning map or this development code shall be

adopted by ordinance.

C. General Plan Consistency. The council may amend all or part of the general plan, or any element thereof. All zoning districts, any specific plan, and other plans of the city that are applicable to the same areas or matters affected by the general plan amendment, and which by state law shall be consistent with the general plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the general plan and implementing zoning, specific plans, and other city adopted plans.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

An amendment to the general plan, the zoning map, or this development code may be approved only if all of the following findings of fact can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.

A. Mandatory Findings Required for all Amendments (e.g., General Plan, Zoning Map, and Development Code.

1. The proposed amendment ensures and maintains internal consistency with all ofthe objectives, policies, general land uses, programs, and actions of all elements of the general plan;

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

3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

B. Additional Findings for Zoning Map Amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

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

(Ord. 182 § 2 (part), 1997)

Except as otherwise provided in state law, no mandatory element of the general plan shall be amended more frequently than four times during any calendar year. Each amendment may include more than one change to the general plan. The limitation on the annual number of amendments does not apply in the following circumstances:

A. Low- or Moderate-Income. A general plan amendment requested and necessary for a single development of residential units, at least twenty-five (25) percent of which will be occupied by or available to persons and families of low- or moderate-income, as defined by state law ( Health and Safety Code Section 50093). The specified percentage of low- or moderate-income housing may be developed on the same site as other residential units pro-posed for development, or on another site(s) encompassed by the general plan, in which case the combined total number of residential units shall be considered a single development proposal for purposes of this chapter;

• B. Required by State Law. A general plan amendment required by:

1. A court decision made in compliance with state law (Government Code, commencing with Section 65750) (Definitions: "Petition");

2. State law (Government Code Section 65302.3(b)) (Consistency with Airport Land Use Plan); or

3. State law (Health and Safety Code Section 56032(d)) (Comprehensive Development Plans).

• C. Optional General Plan Elements. A general plan amendment affecting only optional general plan elements.

• (Ord. 182 § 2 (part), 1997)

A. Purpose. For the purpose of establishing zoning regulations, which would become effective only upon annexation, property outside the corporate boundaries of the city, but within the city's sphere of influence, may be classified within one or more zoning districts in the same manner and subject to the same procedural requirements applicable to properties within the city.

B. Zoning Map Revisions. Upon passage of an ordinance establishing the appropriate pre-zoning designation for property outside of the city, the zoning map shall be revised to identify each zoning district or districts applicable to

the property with the label of "Pre-", in addition to the other applicable map designations. (Ord. 182 § 2 (part), 1997)