Article 15.04.814 — AMENDMENTS TO ZONING MAP AND TEXT

This article establishes a uniform process for the amendment of Article XV, provided that such amendment is consistent with the General Plan.

The procedures in this article apply to all proposals to change the text of Article XV or to revise a zoning district classification or boundary line shown on the Zoning Map.

An amendment to Article XV or the Zoning Maps may be initiated by:

A.

Any qualified applicant as identified in Article 15.04.803 (Common Procedures); or

B.

An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director.

An application for an amendment to Article XV and/or the Zoning Maps must be filed and processed in accordance with the provisions of Article 15.04.803 (Common Procedures) and must be considered by the City Council with a recommendation from the Planning Commission. Its approval must be by ordinance and is subject to referendum. The Director must prepare a report and recommendation to the Commission, that must include, but is not limited to, a discussion of how the proposed amendment meets the findings in Section 15.04.814.050. The Commission's recommendation must be forwarded to the City Council for action on the proposed amendment except in the situation specified in Section 15.04.814.060(A).

The Planning Commission in recommending, and the City Council in approving, an amendment to Article XV or the Zoning Maps, must make all of the following findings:

A.

The proposed amendment is consistent with the General Plan.

B.

The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

C.

The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

D.

For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.

The Planning Commission must hold a public hearing noticed and conducted as required by Article 15.04.803 (Common Procedures) and must then vote on its recommendation on the proposed amendment.

A.

Recommendation Against Amendment to Rezone Property. If the matter under consideration is an amendment to change property from one zone to another, and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council may not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 15.04.803.140 (Appeals).

B.

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the compatibility of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to comply with the General Plan and other adopted plans, or to reduce environmental impacts.

After receiving the report from the Planning Commission, the City Council must hold a public hearing noticed and conducted as required by Article 15.04.803 (Common Procedures). The notice must include a summary of the Planning Commission recommendation. After the conclusion of the hearing, the City Council may approve, modify, or disapprove the recommendation of the Planning Commission, provided that any substantial modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing must first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within 45 days after the referral, the modification will be deemed to have been recommended for approval. The City Council's approval of an amendment to Article XV and/or Zoning Maps must be by ordinance.