§ 19.810

Government Code Section 65853 allows amendments to any provisions of the Zoning Code. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the City Council may, amend, supplement or change the regulations, zone boundaries or zoning classifications of property established by the Zoning Code.

(Ord. 7331 §118, 2016; Ord. 6966 §1, 2007)

19.810.020 - Initiation of Text/Map amendment.

Amendments to the provisions of the Zoning Code, pursuant to Section 19.660.015(A) (Initiation of Applications), may be initiated in any one of the following manners:

A.

Upon minute action of the City Council;

B.

Upon minute action of the Planning Commission;

C.

By the Community & Economic Development Department Director, or his/her designee; or

D.

Upon application by a property owner or owners of any parcel subject to requirements of the Zoning Code.

(Ord. 7552 §54, 2021; Ord. 7331 §118, 2016; Ord. 7235 §21, 2013; Ord. 7091 §15, 2010; Ord. 6966 §1, 2007)

19.810.030 - Procedures.

A.

General process.

City-initiated Zoning Code Text/Map amendments.

a.

City-initiated Zoning Code Text/Map amendments shall be processed in accordance with the provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

b.

The Planning Commission shall make a recommendation to the City Council that they approve, deny or modify staff's recommendation.

c.

If Zoning Code Text/Map Amendments are referred to the Planning Commission by the City Council, failure of the Planning Commission to report to the City Council within 90 days, or within the time specified by the City Council, shall be deemed to be an approval of the proposed modification.

d.

The City Council is the final approving authority with a simple majority vote required for approval.

Applicant-initiated Zoning Code Text/Map amendments.

a.

Applicant-initiated Zoning Code Text/Map amendments shall be processed in accordance with the discretionary permit processing provisions as set forth in Chapters 19.650 (Approving Authority), 19.660 (General Application Processing Procedures), 19.670 (Notices and Hearings), 19.680 (Appeals), 19.690 (Effective Dates) and other applicable Chapters of the Zoning Code.

b.

Voting/approval requirement.

(1)

Approval of a Zoning Code amendment requires the affirmative vote of at least four Planning Commission members, or a majority, whichever is greater.

(2)

The Planning Commission's denial of a Zoning Code amendment is final unless appealed to the City Council.

(3)

If approved by the Planning Commission, or appealed to the City Council, the City Council is the final approving authority with a simple majority vote required for approval.

3.

Notwithstanding the above, application and removal of the CR (Cultural Resources) Overlay Zone shall be approved directly by the City Council.

B.

Notice. The Planning Commission shall hold a public hearing on any proposed rezone or amendment to the Zoning Code. Notice of the hearing shall be given pursuant to Section 19.670.040(A) (Notice of Hearing for Legislative Actions) and if the proposed rezone or amendment to the Zoning Code affects the permitted uses of real property, notice shall also be given pursuant to Section 19.670.040(B) (Notice of Hearing for Legislative Actions).

C.

Adoption.

1.

Zoning Code Text/Map amendments shall be adopted by ordinance of the City Council that constitutes final action.

2.

Ordinances to amend the Zoning Code Text/Map are subject to referendum and, therefore, become effective 30 days after their adoption.

(Ord. 7552 §55, 2021; Ord. 7331 §118, 2016; Ord. 7091 §§16, 17, 2010; Ord. 6966 §1, 2007)

19.810.040 - Required findings for Zoning Code amendment.

In acting to approve any amendment to the Zoning Code text or map, the City Council shall be required to make the following findings:

A.

That the proposed Zoning Code text or map amendment is generally consistent with the goals, policies, and objectives of the General Plan;

B.

That the proposed Zoning Code text or map amendment will not adversely affect surrounding properties; and

C.

That the proposed Zoning Code text or map amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Code.

(Ord. 7552 §56, 2021; Ord. 7331 §118, 2016; Ord. 7091 §18, 2010; Ord. 6966 §1, 2007)

Chapter 19.820 - SPECIFIC PLAN/SPECIFIC PLAN TEXT/MAP AMENDMENTS[[11]]

Footnotes:

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Editor's note— Ord. 7552 §57, adopted in 2021 amended Ch. 19.820 by changing the title from "Specific Plan/Specific Plan Amendments" to "Specific Plan/Specific Plan Text/Map Amendments," as set out herein.