Article 13 — Amendments (Rezoning)

The purpose of this Article is to establish a procedure for the amendment of this Chapter. As used in this Article, the term "amendment" shall include, but not be limited to, any changes or additions to the regulations, land use boundaries or classifications of property established by this Chapter. This Article shall not apply to amendments to Article 12 (Design Review), which Article may be amended by the City Council by ordinance without notice or a public hearing.

The process of amending this chapter may be initiated in any of the following manners:

A. The City Council may request that the Planning Commission study and report back to the City Council concerning a proposed amendment; or

B. The Planning Commission may, on its own initiative or in response to a recommendation by the Community Development Director, study and make recommendations to the City Council concerning a proposed amendment; or

C. One or more of the owners of real property, or their duly authorized agents, may file an application with the Community Development Director for a change in the zoning district of such property pursuant to Part IV, Article 2. (§18, Ord. 2209, eff. 3/19/21; §4, Ord. 2239, eff. 7/5/24)

A public hearing on the proposed amendment shall be scheduled before the Planning Commission as provided in Part IV, Article 3 above. Notice of the public hearing shall be given as provided in Sec. 10-2.4.302. above.

Following the public hearing, the Planning Commission shall make a written recommendation that the City Council approve, conditionally approve, modify or deny the proposed amendment pursuant to Part IV, Article 4. above. The recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to the general plan and any applicable specific plan. Notwithstanding the foregoing, the Planning Commission may, but is not required to, make a recommendation to the City Council if the proposed amendment was initiated by the Planning Commission pursuant to Sec. 10-2.4.1302.

If the City Council has requested the Planning Commission to study and report upon an amendment and the Planning Commission fails to act upon such request within a reasonable time as determined by the City Council, the City Council may, by written notice, require the Planning Commission to render its recommendation within forty (40) days of the date of such notice. Upon receipt of the written notice the Planning Commission, if it has not done so, shall conduct the public hearing as required by Part IV, Article 3. If the Planning Commission does not render its recommendation to the City Council within the forty-day period, the Planning Commission shall be deemed to have recommended the approval of the proposed amendment.

Upon receipt of the recommendation from the Planning Commission, a public hearing on the proposed amendment shall be scheduled before the City Council as provided in Part IV, Article 3 above. Notice of the public hearing shall be given as provided in Sec. 10-2.4.302. above. Notwithstanding the foregoing, if the proposed amendment is limited to a proposal to change property from one zoning district to another and the Planning Commission has recommended against the adoption of such amendment, the proposed amendment shall be deemed denied and the City Council shall not be required to take any further action unless an interested person requests a hearing by filing a written request with the City Clerk. Such a request shall be filed within time limits and processed in the same manner as a Notice of Appeal pursuant to Sec. 10-2.4.503.

Following the public hearing, the City Council may approve, conditionally approve, modify or disapprove the proposed amendment pursuant to Sec. 10-2.4.1302 above. In approving any proposed amendment, the City Council shall consider the effect of the amendment on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Any ordinance adopted pursuant to this Chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findings as to the public health, safety, and welfare of the City to be promoted by the adoption of the ordinance which justify reducing the housing opportunities of the region.

Notwithstanding the foregoing, any modification of the proposed amendment by the City Council which was not previously considered by the Planning Commission during its hearing on the proposal shall first be referred to the Planning Commission for its review and recommendation. Upon such a referral, the Planning Commission shall review the proposed modification but shall not be required to hold a public hearing thereon. The Planning Commission shall render its recommendation within forty (40) days after the referral, or such longer period as may be designated by the City Council. If the Planning Commission does not render its recommendation within such period, the Planning Commission shall be deemed to have recommended approval of the proposed modification. Following the Planning Commission's review of the proposed modification, the City Council shall consider the proposed amendment as modified in accordance with section 10-2.4.1302 and this section.

Pursuant to procedures set forth in this Article, any application or proposal for an amendment to the zoning district of property may include unincorporated territory adjoining the City, or may be composed entirely of unincorporated territory adjoining the City for the purpose of determining the zoning district that will apply to such property in the event of subsequent annexation to the City. Such zoning shall become effective at the same time that the annexation of such prezoned land becomes effective.

A. Adoption and Extensions. Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City Council, Planning Commission or Community Development Department is considering studying or intends to study within a reasonable time as provided in Government Code section 65858. Such an urgency measure may only be adopted upon a four-fifths vote of the City Council for adoption based upon the findings specified in subsection B. The interim ordinance shall be effective immediately. The interim ordinance may be adopted with or without notice as follows:

B. If the interim ordinance is adopted without notice, the interim ordinance shall be of no further force and effect forty-five (45) days after its date of adoption. The City Council may extend the interim ordinance for up to an additional 10 months and 15 days and subsequently extend the interim ordinance for an additional one year. Any extension may be adopted only upon a four-fifths vote of the City Council for adoption. No more than these two extensions may be adopted.

C. If the interim ordinance is adopted following notice pursuant to Sec. 10-2.4.302. and a public hearing, the interim ordinance shall be of no further force and effect forty-five (45) days after its date of adoption. The City Council may extend the interim ordinance for up to an additional 22 months and 15 days. Any extension may be adopted only upon a four-fifths vote of the City Council for adoption.

D. Findings. The City Council may adopt or extend an interim ordinance only if the ordinance contains a finding that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare.

E. Subsequent Ordinances. The City Council may adopt subsequent ordinances pursuant to this section which amend or supplement the interim ordinance and any extensions thereof by a four-fifths vote of the City Council

for the ordinance. Every such subsequent ordinance shall automatically terminate upon the termination of the first interim ordinance or any extensions thereof.

F. Repeal. The City Council may, following notice and a public hearing pursuant to Part IV, Article 3., adopt an ordinance repealing the interim ordinance prior to the date that the interim ordinance would otherwise terminate by a majority vote of the City Council for such ordinance.