§ 36.620

This Division establishes provisions for the amendment of the General Plan, this Zoning Code, or the Zoning Map whenever required by public necessity and general welfare.

(Ord. No. 2108 § 1.)

A. General Plan. A General Plan amendment may include revisions to text or diagrams.

B. Zoning Code. A Zoning Code amendment may modify any standard, requirement, or procedure applicable to land use and/or development within the City.

C. Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

(Ord. No. 2108 § 1.)

An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated in compliance with this section.

A. Who may initiate an amendment.

1. General Plan or Zoning Code. A General Plan or Zoning Code amendment may only be initiated by:

• a. A Resolution of Intention by the Council;

b. A Resolution of Intention by the Commission;

c. The Council or Commission upon request of an applicant;

d. Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858); or

e. The Director, upon transmittal of written notice to the Planning Commission and City Council.

2. Zoning Map. A Zoning Map amendment may be initiated by:

• a. A Resolution of Intention by the Council;

b. A Resolution of Intention by the Commission;

c. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or

d. The Director, upon transmittal of written notice to the Planning Commission and City Council.

B. Application filing and processing.

1. An application for an amendment shall be filed and processed in compliance with Division 36.400 (Application Filing and Processing).

2. The application shall be accompanied by the information identified in the Department handout for amendment applications.

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Scheduling of hearings. Upon receipt of a complete application to amend the General Plan, this Zoning Code, or the Zoning Map, or upon initiation by the Commission or Council, and following Department review, public hearings shall be scheduled before the Commission and Council.

B. Notice of hearings. Notice of the hearings shall comply with Division 36.630 (Public Hearings).

(Ord. No. 2108 § 1.)

A. Commission recommendation.

1. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in SPMC 36.620.070 (Findings and Decision).

2. The Commission action shall be by resolution, adopted by no less than three affirmative votes of the Commission.

B. Recommendation. The decision of the Commission, recommending approval or disapproval of the amendment, shall be forwarded to the City Clerk for scheduling of a hearing before the Council at the earliest available date.

(Ord. No. 2108 § 1; Ord. No. 2394 § 4 (Exh. A), 2025.)

A. Approval or disapproval of amendment. Upon receipt of the Commission’s recommendation, the Council shall, approve, approve in modified form, or disapprove the proposed amendment based upon the findings in Section 36.620.070 (Findings and Decision), below.

B. Referral to Commission.

1. If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 General Plan amendments and 65857 Zoning Code/Map Amendments).

2. Failure of the Commission to report back to the Council within 45 days for General Plan amendments or 40 days for Zoning Code/Map amendments after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.

(Ord. No. 2108 § 1.)

A. Findings for General Plan amendments. An amendment to the General Plan may be approved only if all of the following findings of fact can be made in a positive manner:

1. The proposed amendment is internally consistent with the actions, goals, objectives, policies, and programs of the General Plan;

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and

3. If applicable, the site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.

B. Findings for Zoning Code/Map amendments. An amendment to this Zoning Code or the Official Zoning Map may be approved only if the review authority first finds all of the following, as applicable to the type of amendment.

1. Findings required for all Zoning Code/Map amendments:

a. The proposed amendment is consistent with the actions, goals, objectives, policies, and programs of the General Plan; and

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

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

3. Additional finding for Zoning Map amendments. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/projects.

(Ord. No. 2108 § 1.)

An amendment shall become effective as follows:

A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, and after the close of the statute of limitations under the California Environmental Quality Act (CEQA).

B. Zoning Code or Zoning Map. A Zoning Code or Zoning Map amendment shall become effective at the close of business on the 30th day following the adoption of an ordinance by the Council.

(Ord. No. 2108 § 1.)

Division 36.630. Public Hearings

Sections:

36.630.010 Purpose of Division.

36.630.020 Notice of Hearing.

36.630.030 Scheduling of Hearing.

36.630.040 Review Authority Decision and Notice.

36.630.050 Recommendation by Commission.

36.630.060 Effective Date of Decision.

36.630.070 Hearing Procedures.