Chapter 17.44 — AMENDMENTS TO THE GENERAL PLAN, ZONING CODE, AND ZONING MAP

This chapter establishes procedures for consideration and review of amendments to the General Plan, Zoning Code, and/or Zoning Map, when there are compelling reasons to do so. More specifically, this chapter addresses:

• A. Amendments to the General Plan, to address changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or the last amendment; and

• B. Amendments to the Zoning Code and Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

• (Ord. 19-1 § 3)

The procedures in this chapter shall apply to:

• A. All proposals to change the text of the General Plan and the maps that illustrate the application of its provisions; and

• B. All proposals to change the text of this Zoning Code or to revise a zone or boundary line shown on the Zoning Map.

• (Ord. 19-1 § 3)

The Planning Commission shall act as the advisory body for all amendments to the General Plan, Zoning Code, and Zoning Map and provide recommendations to the City Council. The City Council shall act as the Review Authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the General Plan, Zoning Code, and Zoning Map.

(Ord. 19-1 § 3)

An amendment to the General Plan, Zoning Code, or Zoning Map may be initiated by any qualified applicant identified in Section 17.35.020 , Application Forms and Fees, the Community Development Director, or by a motion of the City Council or Planning Commission. (Ord. 19-1 § 3)

• A. Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 17.35 , Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. The Planning Division may allow Amendments to the General Plan, Zoning Code, and Zoning Map to be processed concurrently with other applications.

• B. Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 17.44.080 , General Plan Consistency Required for Zoning Amendments (if applicable), as well as an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). Applications involving projects for which an environmental document is required shall not be heard until the environmental assessment procedures required by CEQA are satisfied.

• C. Public Hearing and Notice. All Amendments to the General Plan, Zoning Code, and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment. At least 10 days before the date of any public hearing, the Planning Division shall provide notice as provided for in Section 17.35.060 , Public Notice. Notice of the hearing also shall be mailed or delivered to any local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment.

• (Ord. 19-1 § 3)

• A. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one public hearing in accordance with Section 17.35.070 , Conduct of Public Hearings.

• B. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to Section 17.44.080 , General Plan Consistency Required for Zoning Amendments (if applicable), and the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted in the form of a Council memo, prepared by the Planning Division, with a copy of the approved minutes from the Planning Commission meeting.

  1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section 17.44.070 , City Council Hearing and Action.

  2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section 17.35.130 , Appeals.

• (Ord. 19-1 § 3)

• A. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 17.35.070 , Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation.

• B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

• (Ord. 19-1 § 3)

The Planning Commission shall not recommend and the City Council shall not approve a Zoning Amendment unless the proposed amendment is found to be consistent with the General Plan. (Ord. 19-1 § 3)