Chapter 17.74 — Amendments

This Chapter establishes provisions for the amendment of the General Plan, this Zoning Code, or the official Zoning Map whenever required by public necessity and general welfare.

A.

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

B.

Zoning Code. A Zoning Code amendment may modify or add a new standard, requirement, or procedure applicable to land use or development within the City.

C.

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

An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated in compliance with this Section.

A.

Who may initiate an amendment.  

A Zoning Code text amendment may be initiated by:

a.

Council action;

b.

Commission action;

c.

Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858); or

d.

The City Manager.

A General Plan diagram or Zoning Map amendment may be initiated by:

a.

Council action;

b.

Commission action; or

c.

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 of the owners or their authorized agents shall join in filing the application.

A General Plan text amendment may be initiated by:

a.

Council action; or

b.

Commission action.

B.

Application filing and processing.  

An application for an amendment shall be filed and processed in compliance with Chapter 17.60 (Application Filing and Processing).

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

A.

Text amendments to the General Plan or this Zoning Code. The following requirements shall apply to the public hearings for proposed text amendments to the General Plan or this Zoning Code:

Text amendments to the General Plan or this Zoning Code shall be noticed by publication three times in a newspaper of general circulation in the City, the first publication at least 14 days before the hearing, and the last publication no more than five days before the hearing. The notice shall be given in compliance with Chapter 17.76 (Public Hearings).

The Director may elect to provide notice in compliance with Chapter 17.76 (Public Hearings) directly to all owners of property in the zoning districts affected by the proposed amendment.

B.

General Plan diagram or Zoning Map Amendments. The following requirements shall apply to the public hearings for proposed General Plan diagram or Zoning Map amendments:

Amendments affecting 500 or fewer lots shall be noticed in compliance with Chapter 17.76 (Public Hearings).

Amendments affecting more than 500 lots shall be noticed in compliance with Chapter 17.76 (Public Hearings), or by one of the following methods:

a.

A display advertisement of at least ¼ page not less than 14 days before the hearing in a newspaper of general circulation within the City; or

b.

An insert with a generalized mailing sent by the County or City to property owners within the area affected by the proposed map amendment.

C.

Individual notice. In addition to the notice identified above, notice shall be given by mail to any person who has filed a written request for notice with the Director and has paid the fee established by the Council's Fee Resolution for the notice. A request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.

D.

Notice for revisions. If the Commission or the Council chooses to consider a revision to a proposed amendment that was not covered in the public hearing notice for the hearing, action shall not be taken on the revision until a new noticed public hearing has been held in compliance with this Section.

E.

Invalidation. Failure to receive the notice required by this Section shall not invalidate the amendment.

A.

Zoning Map amendments. The Commission shall conduct an initial hearing on a Zoning Map amendment and determine whether:

The subsequent hearing should be conducted only on the request submitted by the applicant(s);

The area to be considered for amendment should be enlarged; or

If alternative amendments should be considered.

Following the initial hearing, the Commission shall determine the scope of alternatives and shall set a public hearing date to consider the alternatives for the application.

B.

Commission recommendation on all amendments. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment (e.g., General Plan, Zoning Code, or Zoning Map), based upon the findings contained in Section 17.74.070 (Findings and Decision), below.

A.

Public hearing.  

The Council shall hold a public hearing prior to taking action on an amendment to the General Plan, this Zoning Code, or the Zoning Map. The hearing shall be noticed in compliance with Section 17.74.040 (Hearings and Notice), above.

At the public hearing, the Council shall consider a recommendation of the Commission, if a recommendation was required, and hear evidence regarding the amendment.

B.

Referral to Commission.  

If the Council proposes to adopt a 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 Code/Zoning Map Amendments]).

Failure of the Commission to report back to the Council within 45 days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.

C.

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 17.74.070 (Findings and Decision), below.

A.

Findings for General Plan diagram and text amendments. An amendment to the General Plan's diagram or text may be approved only after first finding that:

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

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

For General Plan diagram amendments only, 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 uses/developments.

B.

Findings for Zoning Code/Zoning Map amendments. An amendment to this Zoning Code or the Official Zoning Map may be approved only after first finding that:

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

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or 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.

Zoning Code/Zoning Map. A Zoning Code/Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance, except for an urgency ordinance, by the Council.