This chapter establishes procedures for amending the zoning code and zoning map. All amendments to the zoning code shall be processed as set forth in Government Code Section 65853 et seq. and as specified in this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Zoning Map Amendment. A request for an amendment to the Zoning Map may be initiated by:

1.

The city council;

2.

The planning commission;

3.

The community development director; or

4.

One or more owners of the property for which the amendment is sought.

B.

Zoning Code Text Amendment. A request for an amendment to the text of the zoning code may be initiated by the following:

1.

The city council;

2.

The planning commission;

3.

The community development director; or

4.

Any resident, property owner, or business owner in the city.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

An application for a zoning code amendment shall be filed and reviewed in compliance with Chapter 18.104 (Common Permit Requirements). The application shall include the information and materials required by the development services department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.114.060 (Findings for Approval).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. The planning commission shall hold a public hearing on a proposed zoning map amendment and zoning code amendment in compliance with Section 18.104.090 (Notice of Hearings).

B.

Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed zoning map amendment or zoning code amendment, based upon the findings specified in Section 18.114.060 (Findings for Approval). The planning commission shall forward a written recommendation, and the reasons for the recommendation, to the city council within 90 days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C.

Denial. The planning commission may deny the proposed zoning code amendment based upon the findings specified in Section 18.114.060 (Findings for Approval). For a zoning map amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the city clerk within ten days after the planning commission recommendation is filed with the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

General. After receipt of the planning commission's recommendation to approve a proposed zoning code amendment or zoning map amendment, the city council shall hold a public hearing on the proposal in compliance with Section 18.104.090 (Notice of Hearing).

B.

Approval or Denial. The city council may approve, conditionally approve, or deny the proposed zoning code amendment or zoning map amendment based upon the findings specified in Section 18.114.060 (Findings for Approval).

C.

Finality of Action. The action by the city council shall be made by a majority vote of the total membership of the city council and shall be final and conclusive.

D.

Referral to Planning Commission. If the city council proposes to adopt a substantial modification to the zoning code amendment not previously considered by the planning commission, the proposed modification shall be first referred to the planning commission for its recommendation.

E.

Failure to Report. The failure of the planning commission to report back to the city council within forty days after the reference, or within the time set by the city council, shall be deemed a recommendation of approval.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The city council may approve a zoning code amendment or zoning map amendment only if all of the following findings are made:

A.

Findings for all Zoning Code and Zoning Map Amendments.

1.

The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code Section 65860.

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

B.

Additional Finding for Zoning Code Text Amendments. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

C.

Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A Zoning Code Amendment becomes effective thirty days following the adoption of the ordinance by the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

If the city denies a zoning code or zoning map amendment, the city may not accept an application for the same or substantially similar zoning code or zoning map amendment for one year following such denial, except in the following cases:

A.

Upon initiation by the city council or planning commission;

B.

The application requests a rezoning to a different zoning district than that previously requested; or

C.

When the previous application was denied because the proposed amendment would not conform with the general plan, and the general plan has subsequently been amended in a manner which will allow the proposed amendment.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)