The purpose of this chapter is to provide procedures for processing and reviewing the following amendments, whenever the public necessity, convenience, and the general welfare require the amendment:

A.

General Plan. General plan amendment that may include revisions to, goals, policies, actions, land use designations, or text;

B.

Zoning Code. Zoning code amendment that may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the City; and

C.

Zoning Map. Zoning map amendment that has the effect of rezoning property from one zoning classification to another.

(Ord. 2043 § 1(part), 2004)

A.

General Plan. An amendment to the General Plan may be initiated only by the City Council or City Manager.

B.

Zoning Code. An amendment to this Zoning Code may be initiated only by the City Council, City Manager, Community Development Director, or Planning Commission.

C.

Zoning Map. An amendment to the Zoning Map may be only initiated by the City Council, City Manager, Community Development Director, Planning Commission, by a written application of a person having a legal or equitable interest in the subject property, or by a majority of the property owners when an area is being considered for amendment.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

When initiated by a property owner(s) or an interested party, application filing, processing, and review for the amendment shall be conducted in the following manner:

A.

Filing. An application for an amendment shall be filed with the community development department in compliance with Chapter 21.38 (Application Filing, Processing, and Fees.)

B.

Contents. The application shall be accompanied by detailed data and materials identified in the community development department handout for amendment applications.

C.

Applicant's responsibility. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 21.60.070 (Findings and Decision), below.

D.

Project review procedures. Following receipt of a completed application, the community development director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.

E.

General Plan and Zoning Map Amendments. Where an amendment to the General Plan and/or Zoning Map will introduce, or change, a residential or mixed-use land use designation or zoning district designation, an amendment to the Form-Based Zoning Map (FBZM) as set forth in Chapter 21.07 shall be required.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Public hearing required. Public hearings shall be required for the planning commission's recommendation and the City Council's decision on an amendment application.

B.

Determination of completeness. The public hearing shall be scheduled once the community development director has deemed the application complete.

C.

Notice and conduct of hearing. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 21.64 (Public Hearings).

(Ord. 2043 § 1(part), 2004)

A.

Planning Commission recommendation. The Planning Commission shall make a written recommendation to the City Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings contained in Section 21.60.070 (Findings and Decision), below.

B.

Planning commission resolution. The recommendation shall be by resolution carried by the affirmative vote of the majority of the planning commission.

C.

Transmittal within 40 days. The resolution shall be transmitted to the City Council within 40 days after its date of adoption.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

City council's action on amendment. Upon receipt of the planning commission's recommendation, the City Council shall approve, approve in modified form, or deny the proposed amendment based on the findings contained in Section 21.60.070 (Findings and Decision), below.

B.

Referral to planning commission. If the City Council proposes to adopt a substantial modification to the amendment not previously considered by the planning commission during its hearings, the proposed modification shall be first referred back to the planning commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Code/Map Amendments]).

C.

Failure to report back to the City Council. Failure of the planning commission to report back to the City Council within 45 days for General Plan amendments or 40 days for Zoning Code/map amendments after the referral, or within a longer time set by the City Council, shall be deemed a recommendation for approval of the modification.

(Ord. 2043 § 1(part), 2004; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Findings for General Plan Amendments. An amendment to the General Plan may be approved only if all of the following findings are made:

1.

The amendment is deemed to be in the public interest;

2.

The amendment is consistent and/or compatible with the rest of the General Plan;

3.

The potential impacts of the amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare; and

4.

The amendment has been processed in accordance with the applicable provisions of the California Government Code, the California Environmental Quality Act (CEQA), and the City's Municipal Code.

B.

Findings for Zoning Code and Zoning Map Amendments. An amendment to this Zoning Code or the zoning map may be approved only if the decision-making body first makes the following findings, as applicable to the type of amendment.

1.

Findings required for all Zoning Code and zoning map amendments:

a.

The proposed amendment is consistent with the goals, policies, and actions of the General Plan and all applicable development agreements, overlay district, area plans, neighborhood plans, and specific plan(s); and

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general 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 Zoning Map Amendments. The parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation(s) and anticipated land uses/project.

(Ord. 2043 § 1(part), 2004; Ord. No. 2225, § 17, 8-15-2017; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

The city clerk shall give written notification of the decision of the City Council to the applicant.

(Ord. 2043 § 1(part), 2004).

A.

Adoption of an urgency measure. The City Council may take appropriate action to adopt an urgency measure, as an interim ordinance, in compliance with State law (Government Code Section 65858).

B.

Prohibiting uses in conflict with recommendations. If the community development department or the planning commission in good faith is conducting, or resolves to conduct, studies within a specified time for the purpose of holding a hearing(s) in order to provide recommendations to the City Council related to the adoption or amendment of this Zoning Code, or in the event that new property may be annexed to the city, the City Council, in order to protect the public health, safety, and welfare, may adopt as an urgency measure a temporary interim ordinance prohibiting uses which may be in conflict with the adopted or amended Zoning Code.

(Ord. 2043 § 1(part), 2004)

A.

Prezoning of unincorporated property. The city may prezone unincorporated property adjoining the city for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the city.

B.

Procedures for prezoning. The procedures for accomplishing the prezoning shall be as provided by this chapter for a zoning map amendment for property within the city.

C.

Effective date. The zoning shall become effective at the same time that the annexation becomes effective.

(Ord. 2043 § 1 (part), 2004).