Chapter 17.28 — ZONING AMENDMENTS

The provisions of this title and the zoning map may be amended by changing the boundaries of zones or by changing any provision of this title whenever the public necessity, convenience and general welfare, including amendments made to the general plan, require such amendments. (prior code § 8-1.4207(A); Ord. 97-03 § 2 (part))

An amendment may be initiated by:

• A. Owner(s) of property or by the authorized agent of any owner;

• B. City council; or

C. Planning commission. (prior code § 8-1.4207(B); Ord. 97-03 § 2 (part))

Action on applications involving projects for which a negative declaration or environmental impact report is required shall occur only upon completion of environmental assessment procedures required by the California Environmental Quality Act, as amended. Incomplete applications awaiting the submission of additional environmental information required by the city shall be returned if the required information is not submitted within one year after the date the information was required. (prior code § 8-1.4207(C); Ord. 97-03 § 2 (part))

The planning commission shall provide notice and conduct a public hearing in accord with Section 17.16.040 . Pursuant to the provisions of Section 65853 of the California Government Code, if from the facts presented at the public hearing and by investigation, the commission finds that the public health, safety and general welfare warrant the change of zones or regulations, and the change in zones or regulations is in conformity with the general plan and any applicable specific plan, the commission may recommend the change to the city council. If the facts do not justify the change, the commission shall recommend to the city council that the application be denied. Any recommendation submitted to the city council by the commission shall be accompanied by a written report of findings, including a description of the relationship of the proposed amendment to the city's general plan and any relevant specific plans, and a summary of the hearing. (prior code § 8-1.4207(D); Ord. 97-03 § 2 (part))

Upon completion of planning commission review and receipt of a recommendation therefrom, the city council shall provide notice and conduct a public hearing in accord with Section 17.16.040 .

Pursuant to the provisions of Section 65853 of the California Government Code, the city council may approve, modify or disapprove the recommendations of the planning commission as follows:

• A. Decisions in Conformance with Planning Commission Recommendations.

In order to amend the provisions of this title as recommended by the commission, the city council shall find that the public health and general welfare warrant the change of zones or regulations, and that the change of zones or regulations is in conformity with the general plan any applicable specific plan.

• B. Decisions Not in Conformance with Planning Commission Recommendations.

If the city council proposes to adopt an amendment to the provisions of this title in a form significantly and substantively altered from the amendment as recommended by the commission, or an amendment where denial has been recommended by the commission, the city council shall not make a change in any amendment thereto recommended by the commission until, the proposed changed has been referred to the commission for a report. The commission shall submit their report to the city council within forty (40) days after the date of referral.

(prior code § 8-1.4207(E); Ord. 97-03 § 2 (part))

• A. Title and purpose.

Unincorporated territory adjoining the city may be pre-zoned, consistent with the provisions of state law and the general plan applicable to public and privately owned lands, for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation.

• B. Procedure.

Pre-zoning shall be initiated and subject to the procedures established under Chapter 17.28 .

• C. Effective Date of Zoning.

The zoning accomplished by the pre-zoning of a property shall become effective at the time that annexation to the city becomes effective.

(prior code § 8-1.4207(F); Ord. 97-03 § 2 (part))