§ 17.152

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