Article III — Zoning Code Amendments

Whenever it is deemed essential, or public necessity, convenience and general welfare require changes in or modifications of the text or provisions of this title or any part or portion thereto, such changes or modifications shall only be made in the form of an amendment by ordinance of the city council adding to or repealing the zoning code, or any part or portion thereof, as provided in this article.

(Prior code § 9214.03)

Pursuant to the provisions of Article 2 , Chapter 4, Division 1, Title 7 of the Government Code of the state, the city council shall have and be vested with the power and authority, subject to the provisions of this article, to amend the text or provisions of the zoning code or any part or portion thereof.

(Prior code § 9214.03(A))

The community and economic development director shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect and as may hereafter be amended. (Prior code § 9214.03(B); Ord. 1116 § 10, 2018)

Amendments to the zoning code may be initiated by the city council, planning commission, or the community and economic development director shall initiate amendments to the zoning code. (Prior code § 9214.03(C); Ord. 1116 § 11, 2018)

The planning commission shall hold a public hearing on any amendment to the zoning code initiated under Section 18.62.110 .

(Prior code § 9214.03(D); Ord. 1116 § 12, 2018)

The planning commission, upon its own motion, shall commence to hold a public hearing for a proposed amendment, conducted in the following manner:

• A. Notice of Hearing. Notice of time, date and place of the public hearing shall be given in the following manner:

  1. By at least one publication in a newspaper of general circulation within the city in an edition published therefor not less than ten days prior to the date set for such public hearing; and

  2. By the posting of a notice of public hearing in a conspicuous place in City Hall not less than ten days prior to the date set for said public hearing.

• B. Form, Wording and Content of Notices. The form, wording and content of notices for public hearings shall consist of the words "NOTICE OF PROPOSED ZONING CODE AMENDMENT," and shall set forth the day of the week, date, place or exact location, time, file number or other identification, name of the applicant or initiator, description of the matter under consideration, exact legal description of the property and the address or general location thereof, relative to the public hearing or hearings to be held on the matter. Such notices shall appear in a format acceptable to the city planner.

• C. Investigations. The planning commission shall cause to be made by its own members and the director of building and planning, such investigations of facts bearing upon the proposed amendment that will assure appropriate disposition thereof consistent with the goals, provisions, objectives, spirit and integrity of the zoning code. The director of building and planning shall prepare and transmit a written report, based upon an examination and review of the proposal and other written investigations, to the planning commission not less than five days prior to the date set for public hearing.

• D. Findings by Planning Commission. The planning commission, upon hearing all testimony, upon examination and review of the investigations and report of the director of building and planning, upon ascertaining all other pertinent facts relative thereto, and upon conclusion of the public hearing, shall make such determinations and findings of fact as deemed necessary in the best interests of the city which bear on the disposition of the proposed amendment.

• E. Announcement of Planning Commission Findings and Decisions. The planning commission shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing. Such resolution shall recite and set forth, among other matters, the findings of fact, reasons and determinations which, in the opinion of the planning commission, make approval, conditional approval or denial of the proposed amendment considered necessary to carry out the general purpose and provisions of the zoning code, and shall recommend the approval, conditional approval or denial of same. The planning

commission, not more than ten days after concluding its action shall transmit a copy of the resolution to the city council.

• F. Council Hearing on Planning Commission Resolution. The city council, upon receipt of the resolution from the planning commission, shall commence to hold a public hearing thereon, conducted in the same manner as required for the planning commission and as hereinabove set forth in Sections 18.62.130 through 18.62.150 .

• G. Reference to Planning Commission of Adverse Decision by City Council. During its course of deliberations on the resolution, the city council may approve, modify or disapprove the recommendations of the planning commission, provided that for any modification not previously considered by the planning commission during its hearings, the city council shall, prior to rendering any final action thereon, refer its findings and determinations to the planning commission requesting further review, examination, reconsideration and report by the planning commission on the matter. Should the planning commission fail to file its report with the city council within forty days after reference thereto, it shall be deemed that the planning commission has approved said reference and the city council shall render appropriate action thereafter.

• H. Announcement of Findings, Notice, Finality and Decisions of City Council. The city council shall announce its findings and decisions by formal written resolution within forty days after conclusion of the public hearing, or upon receipt of a planning commission report on the matter of referral thereto. Such resolution shall recite and set forth, among other matters, findings of fact, reasons and determinations which, in the opinion of the city council, make approval, conditional approval or denial of the proposed amendment considered necessary to carry out the general purpose and provisions of the zoning code and general plan, and shall approve, conditionally approve, or deny same. The city council, not more than ten days after concluding its action, shall transmit a copy of said resolution to the planning commission and applicant, as the case may be, and the actions and decisions of the city council shall be final and conclusive.

• (Prior code § 9214.03(E)(1)—(9); Ord. 765 §§ 64, 65, 1989; Ord. 1116 § 13, 2018)

Whenever the city council approved an amendment to the zoning code by the adoption of a resolution to that effect, it shall forthwith adopt an ordinance enacting such amendment, and the amendment shall not take effect until thirty days after final reading and adoption of the ordinance. (Prior code § 9214.03(E)(10))

Upon the adoption of any amendment to the zoning code, appropriate notations of such adoption shall be made in the various volumes of the zoning code pursuant to the provisions of Chapter 18.66 of this code.

(Prior code § 9214.03(E)(11))