Article 7 — General Plan and Zoning Code Amendments

The General Plan may be amended by changing the land use designations or any provisions of any individual element thereof; or the zoning map and zoning regulations may be amended by changing the boundaries of any zone or by changing any zone regulations or any other provision of this title in accord with the procedure prescribed in this article.

(Ord. 2004-884; Ord. 2019-1056 § 3)

• A. A change in the land use designations of the General Plan or in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in zone boundaries as prescribed in this article. If the property for which a change of zone is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

• B. A change in the boundaries of any zone or a change in the regulations may be initiated by resolution of the City Planning Commission or the City Council.

• C. A change in the General Plan land use designations or any provision of any element therein may be initiated by resolution of the City Planning Commission or the City Council. Any mandatory element of the General Plan may not be amended more than four times per year; however, each amendment may include more than one change to the General Plan or any component element thereof.

• (Ord. 2004-884; Ord. 2019-1056 § 3)

Any amendment to the General Plan, General Plan element (whether mandatory or permitted) may only be accomplished by City Council resolution after a public hearing in accordance with the provisions of Sections 18.36.660 and 18.36.670 . Any change in zone boundaries or any change in zoning regulations as specified by this title, may only be accomplished by City Council ordinance after a public hearing in accordance with the provisions of Sections 18.36.660 and 18.36.670 . Prior to the City Council public hearing and action, the Planning Commission shall hold a public hearing in accordance with the aforesaid Sections and by resolution make a recommendation to the City Council to adopt the amendment as proposed, adopt with modifications, or to deny the proposed amendment. In the case of a Zoning Code amendment, the Planning Commission shall make a General Plan consistency finding.

(Ord. 2004-884; Ord. 2019-1056 § 3)

A property owner desiring to propose a change in the General Plan land use designation and/or boundaries of the zone in which his property is located, or his authorized agent, may file with the Community Development Director an application for a General Plan amendment and/or change in zone boundaries on a form prescribed by the Director and shall include the following data:

• A. Name and address of applicant.

• B. Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change is proposed.

• C. Address and legal description of the property.

• D. An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Community Development Director to be necessary to illustrate the relationship to and impact on the surrounding area.

• E. The Community Development Director may require additional information or maps if they are necessary to enable the Planning Commission to determine whether the change is consistent with the objectives of this title. The Director may authorize omission of the map required by this article if it is not necessary.

• F. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

• (Ord. 2004-884; Ord. 2019-1056 § 3)

The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this article. (Ord. 2004-884; Ord. 2019-1056 § 3)

The Community Development Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the Planning Commission and to the applicant prior to the public hearing. The Director shall forward to the City Council the Planning Commission's report, resolution with recommendation, Planning Commission minutes, and any other material or reports generated during the Planning Commission public hearing. (Ord. 2004-884; Ord. 2019-1056 § 3)

The Planning Commission shall hold at least one public hearing on each application or proposal for a General Plan Amendment, change in zone boundaries or for a change of the zoning regulations. The hearing shall be set and notice given as prescribed in Article 8. (Ord. 2004-884; Ord. 2019-1056 § 3)

At the public hearing, the Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this title, the General Plan and the development policies of the City. (Ord. 2004-884; Ord. 2019-1056 § 3)

Within 21 days following the closing of the public hearing, the Planning Commission shall make a specific finding as to whether the change is consistent with the objectives of this title and whether the change is consistent with the General Plan and its various elements, and shall recommend to the City Council that the application be granted, granted in modified form, or denied, or that the proposal be adopted, adopted in modified form, or rejected. Decisions of the Planning Commission shall be by a majority vote of the quorum.

(Ord. 2004-884; Ord. 2019-1056 § 3)

The City Council shall hold at least one public hearing on an application or proposal under this article within 40 days after receipt of the resolution and report of the Planning Commission. Within 21 days following the closing of a public hearing, the City Council shall make a specific finding as to whether the change is consistent with the policies, goals and objectives of the General Plan and/or the objectives of this title. If the City Council finds that the change is consistent, it shall adopt a resolution amending the General Plan, or introduce an ordinance amending the zoning map and/or zoning regulations, as appropriate. If the City Council finds that the change is not consistent, it shall deny the application or reject the proposal.

(Ord. 2004-884; Ord. 2019-1056 § 3)

Following the denial of an application for a General Plan amendment, change in zone boundaries and/or a change in zoning regulations, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. (Ord. 2004-884; Ord. 2019-1056 § 3)

A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. (Ord. 2004-884; Ord. 2019-1056 § 3)

Technical amendments, consisting of changes to the zoning map or text, which are due to errors, or changes which clarify meanings, and which do not alter the intent and purpose of the provisions, may be approved by the Community Development Director without a public hearing, provided such amendments with respect to a technical amendment shall be subject to appeal in accordance with the provisions of Article 9 of this chapter.

(Ord. 2004-884; Ord. 2019-1056 § 3)