Chapter 21.10 — AMENDMENTS TO THE GENERAL PLAN, ZONING CODE, AND ZONING MAP

A.

Purpose. This chapter provides procedures for the amendment of this zoning code, the official zoning map, and the general plan when there are compelling reasons to do so. More specifically, this chapter addresses:

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

Amendments to the zoning 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:

All proposals to change the text of the general plan and the maps that illustrate the application of its provisions; and

All proposals to change the text of this zoning code or to revise a zoning district or boundary line shown on the zoning map.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The review authority for all amendments to the general plan, zoning code, and zoning map shall be as described in Table 21.08.070-1 (Review Authority).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An amendment to the general plan, zoning code, or zoning map may be initiated by any qualified applicant identified in Section 21.09.050 (Eligible Applicants), the director, or by a motion of the city council or planning commission.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Application Filing and Processing.

If initiated by the filing of an amendment application by a qualified applicant as specified in Section 21.10.030 (Initiation of Amendment), above, the application shall be processed in compliance with Chapter 21.9 (Application Processing and Common Procedures).

The application shall include the information and materials specified in the most up-to-date department handout for amendment applications, together with the required fee in compliance with the fee schedule.

For general plan amendments, the department shall send out referrals to all of the affected agencies and city departments for their review and comment in compliance with California Government Code Section 65352 (Referral of plans).

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 21.10.070 (Required Findings), below. The planning division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.

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 California Government Code Section 65358.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

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 Chapter 21.26 (Public Hearings and Notice).

B.

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 Section 21.10.070 (Required Findings) and Section 21.10.080 (General Plan Consistency Required for Zoning Amendments) if applicable, and the relationship of the proposed amendment to other adopted documents.

Approval. If the planning commission has recommended approval of the proposed amendment, the city council is required to take final action pursuant to Section 21.10.060 (City Council Hearing and Action).

Denial. If the planning commission has recommended against the proposed amendment, the city council is not required to take any further action unless an appeal is filed in accordance with Chapter 21.25 (Appeals and Calls for Review).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

City Council Hearing. After receiving the recommendation from the planning commission, the city council shall hold a hearing in accordance with Chapter 21.26 (Public Hearings and Notice). The notice for the hearing shall include a summary of the planning commission recommendation.

B.

City Council Action.

Adopt, Modify, or Deny. After the conclusion of the hearing, the city council may adopt, modify, or deny the proposed amendment.

Referral to Planning Commission. If the city council proposes any substantial revision not previously considered by the planning commission during its hearings, the proposed modification shall be first referred to the planning commission for its recommendation in compliance with California Government Code Sections 65356 and 65857. Failure of the planning commission to report back to the city council within the time limits identified in California Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the planning commission of the proposed modification(s).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An amendment to this zoning code, the official zoning map, or the general plan may be approved only if all the following findings are first made, as applicable to the type of amendment:

A.

Findings for General Plan Amendments.

The proposed amendment is internally consistent with all other provisions of the general plan;

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

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) 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.

The proposed amendment is consistent with the general plan and any applicable specific plan;

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare;

The proposed amendment is internally consistent with other applicable provisions of this zoning code; and

Specific to zoning map amendments, the affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography; is suitable in terms of the provision of public and emergency vehicle access and public services and utilities; and is served by highways and streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate to ensure that the proposed use(s) 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.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The planning commission shall not recommend and the city council shall not adopt a zoning amendment unless the proposed amendment is found to be consistent with the general plan.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)