Chapter 20.610 — AMENDMENTS (GENERAL PLAN AND ZONING CODE/MAP)

This Chapter provides procedures for the amendment of the General Plan, this Zoning Code, or the Zoning Map. (Ord. 1017, 2013)

An amendment may be initiated by the Council, Commission or Director, or as follows:

• A. General Plan or Zoning Map amendment.

  1. In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent(s)/representative(s) of property owner(s) for which the amendment is sought, or the plaintiff in an action in eminent domain to acquire the subject property.

  2. If the property is under multiple ownership, all owners or their authorized agents/representatives shall join in filing the application.

• B. Zoning Code amendment. In the case of this Zoning Code, the Council may also adopt an urgency measure as an interim ordinance in compliance with Government Code Section 65858 .

• (Ord. 1017, 2013)

• A. Application filing and processing.

  1. Filing. If initiated by the filing of an amendment application in compliance with Subsection 20.610.020.A. (General Plan or Zoning Map amendment), above, the application shall be processed in compliance with Chapter 20.500 (Application Processing Procedures).

  2. Required data. 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. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20.610.060 (Findings and Decision), below.

• B. Timing of General Plan amendments. No mandatory element of the General Plan may be amended more frequently than four times in a single calendar year, in compliance with Government Code Sections 65358 . Non-mandatory elements of the General Plan may be amended an unlimited number of times in a single calendar year.

• C. Public hearings required. The Commission and Council shall each conduct one or more public hearings regarding the amendment in compliance with Chapter 20.625 (Public Hearings).

• (Ord. 1017, 2013)

• A. Recommendation to Council.

  1. All amendments. After the public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings identified in Section 20.610.060 (Findings and Decision), 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 by the Commission.

  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 Commission. If the proposed amendment is denied by the Commission, no further action shall be taken, unless appealed to the Council in compliance with Chapter 20.615 (Appeals).

• (Ord. 1017, 2013)

• A. Approval.

  1. All amendments. Upon receipt of the Commission's recommendation to approve, or approve in modified form, the proposed amendment, the 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 20.610.060 (Findings and Decision), below.

  2. Approval of Zoning Code or Zoning Map amendments. The action by the Council to approve the Commission's recommendation regarding a Zoning Code or Zoning Map amendment shall be by a majority vote of the members present and shall be final and conclusive.

  3. Approval of General Plan amendments. The action by the Council to approve the 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 Sections 65356 and shall be final and conclusive, except as described in Subsection B , below.

• B. Referral to Commission.

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

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

• (Ord. 1017, 2013)

An amendment to this Zoning Code, the General Plan, or the 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. If an amendment to the Land Use Element, the affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses 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; and

  4. The City may reduce, require, or permit the reduction of, the residential density for any lot to, or allow development of any lot at, a lower residential density, as defined in Government Code Section 65863 , only if the following two additional findings are first made:

     • a. The reduction is consistent with the adopted General Plan, including the Housing Element; and

     • b. The remaining sites identified in the Housing Element are adequate to accommodate the jurisdiction's share of the regional housing need in compliance with pursuant to Government Code Section 65584 .

• B. Findings for Zoning Code and Zoning Map amendments.

  1. Findings required for all Zoning Code and Zoning Map amendments.

     • a. The proposed amendment is consistent with the General Plan and any applicable Specific Plan; and

     • b. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or 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 affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zone designation and the proposed or anticipated uses 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. 1017, 2013)

• A. Prezoning required. Before the annexation to the City of any property, the sponsor of any annexations shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning which will be in effect on the effective date of the annexation.

• B. Same as Zoning Map amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this Chapter for Zoning Map amendments.

• C. Compliance with General Plan. The zoning shall be in compliance with the General Plan and any applicable specific plan.

• (Ord. 1017, 2013)

• A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, unless provided later in the resolution.

• B. Zoning Code and Zoning Map. A Zoning Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council, unless provided later in the ordinance.

• C. Notifying County Assessor. Whenever the zoning covering a property is changed from one zone to another via a Zoning Code or Zoning Map amendment, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5 .

• (Ord. 1017, 2013)