Article 6 — ADMINISTRATION AND ENFORCEMENT

Chapter 17.152 - GENERAL PLAN, ZONING MAP AND ZONING CODE AMENDMENTS

A.

General Plan. The purpose of the comprehensive General Plan is to express the City's development goals, embody public policies and programs relative to the distribution of future land uses. The provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq. of the State Government Code and all provisions shall be so construed.

B.

Zoning Map and Zoning Code. The purpose of this chapter is to provide the procedures for the amendment of the Zoning Map and Zoning Code in conformance with the comprehensive General Plan. Zoning implements the General Plan; it separates a community into districts, or "zones" that regulate land uses and the intensity of development. The provisions of this chapter shall be fully consistent and in full compliance with Section 65853 et seq. of the State Government Code and all provisions shall be so considered.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Adoption of, or amendment to the City's General Plan, Zoning Map and Zoning Code, including changes to the text or any map or diagram may be initiated by the Planning Commission or the City Council, whenever the public necessity, convenience, general welfare or good zoning practice justifies such action. The Planning Commission or City Council may initiate upon its own motion, or upon the verified application of the owner of property in the City or the owner's agent (with notarized authorization from the owner) on said owner's property, or of a public or private agency that is or will be a plaintiff in eminent domain with respect to property affected by such zoning or regulation.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.152.030 - Processing, notice, and hearings.

A.

Application Filing and Processing.

1.

If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapter 17.120 (Applications and Processing).

The application shall include the information and materials specified in the Department handout for amendment applications, together with the required fee in compliance with the Planning Fee Schedule.

3.

It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.152.060 (Findings), below.

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 Government Code Section 65358.

C.

Public Hearings Required. The Planning Commission and Council shall each conduct one or more public hearings regarding the amendment.

D.

Notice and Hearing. Notice of the public hearings shall be provided and the hearings shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review) and as specified in Government Code Sections 65353, 65355, 65854, and 65856.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.152.040 - Planning commission's action.

A.

Recommendation to Council.

1.

All Amendments. After the public hearing, the Planning Commission shall forward a written

recommendation, and reasons for the recommendation, to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 17.152.060 (Findings), below.

2.

Recommendation for Approval of Zoning Code or Zoning Map Amendments. A recommendation for approval or approval in modified form of a Zoning Code or Zoning Map amendment shall require only a majority vote.

3.

Recommendation for Approval of General Plan Amendments. A recommendation for approval or approval in modified form of a General Plan Amendment shall require the affirmative vote of not less than a majority

of the total voting members in compliance with Government Code Section 65354.

B.

Denial by Planning Commission.

1.

A recommendation against the proposed amendment shall require only a majority vote.

2.

The action of the Planning Commission to deny an amendment shall be final and conclusive unless, within ten (10) days following the date of the Planning Commission's action, an appeal is filed with the City Clerk in compliance with Chapter 17.160 (Appeals and Requests for Review) and as specified in Government Code Sections 65354.5 and 65856.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.152.050 - Council's action.

A.

Approval.

1.

All Amendments. Upon receipt of the Planning Commission's recommendation to approve, or approve in modified form, the proposed amendment, the City Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment based on the findings identified in Section 17.152.060 (Findings), below.

2.

Approval of Zoning Code or Zoning Map Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a Zoning Code or Zoning Map Amendment shall be by a majority vote of the members present, adopted by ordinance, and shall be final and conclusive.

3.

Approval of General Plan Amendments. The action by the Council to approve the Planning Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total voting members in compliance with Government Code Section 65356, adopted by resolution, and shall be final and conclusive.

B.

Referral to Planning Commission.

1.

If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Planning Commission, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with Government Code Sections 65356 and 65857.

2.

Failure of the Planning Commission to report back to the Council within the time limits identified in Government Code Sections 65356 and 65857 following the referral shall be deemed approval by the Planning Commission of the proposed modification(s).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.152.060 - Findings.

Amendments to this Zoning Code, the General Plan, or the Official Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment.

A.

Findings for General Plan Amendments.

1.

The amendment is internally consistent with all other provisions of the General Plan.

2.

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

3.

The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and 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 Required for all Zoning Code and Zoning Map Amendments.

1.

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

2.

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

3.

Additional finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code.

4.

Additional finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, operating characteristics, shape, size, topography, and 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. 931, § 5(Exh. A), 10-22-13)

17.152.070 - Effective dates.

A.

General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the City Council.

B.

Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the thirtieth day following the adoption of an ordinance by the City Council.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.156 - PUBLIC HEARINGS AND ADMINISTRATIVE REVIEW

This chapter provides procedures for public hearings required by this Zoning Code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.156.020 - Notice of public hearings and administrative review.

When this Zoning Code requires a noticed public hearing before a decision on a permit or for another matter, the public shall be provided notice of the hearing in compliance with Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq., and as required by this chapter.

A.

Content of Notice. Notice of a public hearing shall include all of the following information, as applicable.

1.

Hearing Information. The date, time, and place of the hearing and the name of the review authority; a brief description of the City's general procedure concerning the conduct of hearings and decisions (e.g., the public's right to appear and be heard); and the phone number and street address of the Department where an interested person could call or visit to obtain additional information.

2.

Project Information. The date of filing of the application and the name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

3.

Statement on Environmental Document. If a proposed Negative Declaration, Mitigated Negative Declaration, or final Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines, the hearing notice shall include a statement that the review authority will also consider approval of the proposed Negative Declaration or Mitigated Negative Declaration, or certification of the final Environmental Impact Report, as applicable.

B.

Method of Notice Distribution. Notice of a public hearing required by this chapter for a planning permit, amendment, appeal, or other approval shall be given as follows, as required by Government Code Sections 65090 and 65091.

1.

Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to the following:

a.

Project Site Owner(S) and the Applicant. The owner(s) of the property being considered in the application or the owner's authorized agent, and the applicant.

b.

Local Agencies. Each local agency expected to provide roads, schools, sewage, streets, water, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.

c.

Affected Owners. All owners of real property, as shown on the latest adopted tax roll of the County, located within a radius of three hundred (300) feet of the exterior boundaries of the parcel that is the subject of the hearing.

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the Community Development Director and has paid the required fee for the notice.

e.

Other Person(s). Any other person(s), whose property might, in the judgment of the Community Development Director, be affected by the proposed project.

2.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subparagraph B.1., above is more than one thousand (1,000), the Community Development Director may choose to provide the alternative notice allowed by Government Code Section 65091(a)(4).

3.

Publication and Posting.

a.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing.

b.

Posting. Notice shall be posted at least ten (10) days before the scheduled hearing in at least three public places within the City, including one public place in the area affected by the proceeding.

c.

Additional Notice. In addition to the types of notice required above, the Community Development Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website, on-site sign) as the Community Development Director determines is necessary or desirable.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

After the completion of the appropriate environmental document required by the California Environmental Quality Act (CEQA) and a Department Staff report, a matter requiring a public hearing shall be scheduled on the next available agenda (Community Development Director, Planning Commission, or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.156.040 - Hearing procedure.

A.

Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.

B.

Continued Hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

C.

Deferral of Final Decision. The review authority may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions have been prepared.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Decision.

1.

The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting agenda in compliance with Section 17.156.040 (Hearing Procedure), above.

2.

At the conclusion of a hearing conducted by the Community Development Director, the Community Development Director may instead refer the matter to the Planning Commission for review and final decision.

3.

The decision of the City Council on any matter shall be final and conclusive.

B.

Notice of Decision.

1.

Provision of Notice. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final action to the applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

2.

Contents of Notice. The notice of the final decision shall contain applicable findings, conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public

convenience, health, interest, safety, or general welfare of the City, and the procedure for appeal.

(Ord. No. 931, § 5(Exh. A), 10-22-13)