Chapter 10.10 — Amendments (Zoning Code, General Plan, Regulating Plan)

Sections:

10.10.010 Purpose 10.10.020 Initiation of an Amendment 10.10.030 Processing, Notice, and Hearings 10.10.040 Cemeteries 10.10.050 Council's Action on Amendment

10.10.060 Findings and Decision 10.10.070 Effective Dates

A. The purpose of this Chapter is to establish procedures for the amendment of this Zoning Code, General Plan and the official Regulating Plan.

B. Amendments to this Zoning Code may be initiated by the Council on its own motion or by the application of any interested person.

A. Initiation by Council or Commission - Zoning Code or Regulating Plan

The Council or Commission may at any time and in any form deemed appropriate by the Council or Commission initiate an amendment to any portion of this Zoning Code. An amendment may be any of the following types:

1. An amendment to the text of this Zoning Code not changing regulations or standards affecting the use of any property.

ing a combining zone to or removing a combining zone from property.

4. 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.

B. Initiation by an interested person - Regulating Plan

2. An amendment to the text of this Zoning Code changing regulations or standards affecting the use of property.

3. Amendment to the official Regulating Plan reclassifying property from one zone to another, including apply-

4. A property owner, his/her authorized representative, or any other interested person may initiate an amendment to the official Regulating Plan to reclassify property from one zone to another by submitting an application to Department staff. a) An application for a reclassification of property shall include:

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Chapter 10.10 Amendments (Zoning Code, General Plan, Regulating Plan)

• (i) The name and address of the applicant;

• (ii) The name(s) and address(es) of the property owner(s);

• (iii) The name(s) and address(es) of the property owners within three hundred feet of project site;

• (iv) Assessor's parcel number(s);

  2. The application shall be accompanied by the fee established by the Council.

  3. Department staff shall inform the applicant in writing within 30 calendar days of receipt that the application is complete or that additional information is needed to complete the application.

• (v) Legal description of the property;

• (vi)) A map of the property;

• (vii) Identification of the zone reclassification being sought;

• (viii) Signatures or letter of consent from all property owners of record;

• (ix) If the property is designated as a flood hazard area according to the Flood Insurance Rate Maps (FIRM), the application shall include a request for the applicable flood hazard zoning, including legal descriptions for same, as required by Department staff.

C. General Plan Amendment

1. In the case of the General Plan, 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. [9.14.020]

A. Application Filing and Processing

1. Filing. If initiated by the filing of an amendment application in compliance with Section 10.10.020 (Initiation of an Amendment), the application shall be processed in compliance with Chapter 9.10 (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.

3. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 10.10.060 (Findings and Decision).

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 Section 65358.

C. Public Hearings Required

The 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 10.40 (Public Hearings).

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Chapter 10.10 Amendments (Zoning Code, General Plan, Regulating Plan)

A. Notwithstanding any other provision of law, whenever a person applies to a city, including a charter city, county, or city and county, for a zoning variance, special use permit, Use Permit, Zoning Code Amendment, General Plan or specific plan amendment, or any entitlement for use which would permit all or any part of a cemetery to be used for other than cemetery purposes, the city, county, or city and county shall give notice pursuant to Section 10.20.020 (Notice of Hearing).

B. Those requesting notice shall be notified by the local agency at the address provided at the time of the request.

C. A local agency shall not require a request made pursuant to this Section to be annually renewed.

D. "Cemetery," as used in this section, has the same meaning as that word is defined in Section 8100 of the Health and Safety Code. [18.112.100]

A. Approval

B. Referral to Commission

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 10.10.060 (Findings and Decision).

2. Approval of Zoning Code or Regulating Plan

• Amendments. The action by the Council to approve the Commission’s recommendation regarding a Zoning Code or Regulating Plan amendment shall be by a majority vote of the members present and shall be final and conclusive.

  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 (Development 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).

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.

An amendment to this Zoning Code, the General Plan, or the Official Regulating Plan 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; and

3. 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

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Chapter 10.10 Amendments (Zoning Code, General Plan, Regulating Plan)

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.

B. Findings for Zoning Code and Regulating Plan Amendments

1. Findings required for all Zoning Code and Regulating Plan Amendments.

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

• b) The proposed amendment will not be detrimen-

tal 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 Regulating Plan Amend-

ments. 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.

A. General Plan

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

B. Zoning Code and Regulating Plan

A Zoning Code and Regulating Plan amendment shall become effective on the 30th day following the adoption of an ordinance by the Council.

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