This Chapter establishes procedures for amending this Development Code or the Official Zoning Map, whenever required by public health, safety, or general welfare, and good zoning practices.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Development Code. A Development Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.

B.

Zoning Map. A Zoning Map amendment has the effect of rezoning property, or changing the boundary from one zoning district to another.

(§ 5, Ord. 1085, eff. January 6, 2006)

An amendment to this Development Code or the Zoning Map shall be initiated in compliance with this Section.

A.

Who may initiate an amendment. An amendment may be initiated by:

1.

The adoption of a motion by the Council requesting the Commission to set the matter for study, hearing, and recommendation to the Council within a reasonable time.

2.

Filing with the Department a complete application for a:

a.

Development Code amendment by an interested person; or

b.

Zoning Map amendment by the subject property owner(s).

3.

By Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858).

B.

Application filing and processing. For amendment requests filed by an interested person or a property owner in compliance with Subsections (A)(2)(a) and (b), above, the following provisions shall apply:

1.

An application for an amendment shall be filed and processed in compliance with Chapter 9-50 (Application Filing and Processing).

2.

The application shall be accompanied by the information identified by the Department.

C.

Study of additional area. The Director, upon review of an application or upon a motion by the Council for an amendment, may elect to include a larger area or additional land in the study of a Zoning Map amendment request.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Scheduling of hearings. Upon receipt of a complete application to amend this Development Code or the Zoning Map, or upon initiation by the Council, and following Department review, at least one public hearing shall be scheduled before the Commission and Council.

B.

Notice and hearing requirements. Notice and hearing requirements shall be in compliance with Chapter 9-74 (Public Hearings) and State law (Government Code Sections 65854 and 65856).

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Commission's recommendation.

1.

The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 9-73.070 (Findings and Decision), below.

2.

The recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to the General Plan and any applicable specific plan.

3.

The recommendation shall be forwarded to the Council within 40 days following the close of the Commission hearing, unless the 40 days is waived by the Council.

B.

Commission's failure to act.

1.

If the Commission fails to act upon an amendment request initiated by the Council within a reasonable time, the Council may, by written notice, require that the report be rendered up within 40 days of the Council's notice.

2.

Upon receipt of the written notice, the Commission, if it has not done so, shall conduct the public hearing as required by the notice.

3.

Failure of the Commission to report to the Council within the 40 days shall be deemed to be a recommendation for approval by the Commission.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Approval or disapproval of amendment. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings contained in Section 9-73.070 (Findings and Decision), below.

B.

Referral to Commission.

1.

If the Council proposes to adopt any modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall first be referred back to the Commission for its written recommendation, in compliance with State law (Government Code Sections 65857), and the public hearing shall be continued to allow sufficient time for the Commission to report back.

2.

The Commission shall not be required to hold a public hearing on its review of the proposed modification.

3.

Failure of the Commission to report back to the Council within 40 days after the referral, or within a longer time designated by the Council, shall be deemed a recommendation for approval of the modification.

4.

A modification shall be deemed "previously considered" if the modification of the proposed amendment by the Council is based upon the issues and evidence initially heard by the Commission.

(§ 5, Ord. 1085, eff. January 6, 2006)

An amendment to this Development Code or the Official Zoning Map may be approved only if the review authority first finds all of the following:

A.

The amendment is consistent with the General Plan, and the applicable review authority shall state the reasons why the land use(s) authorized by the amendment is compatible with the purpose, intent, goals, policies, programs, and land use designations specified in the General Plan, and any applicable specific plan, in compliance with State law (Government Code Section 65860).

B.

The applicable review authority shall state how it has considered the effect of this amendment on the housing needs of the region and has balanced these needs against the public service needs of its residents and against available fiscal and environmental resources, in compliance with State law (Government Code Section 65863.6).

C.

If the amendment by its terms limits the number of housing units which may be constructed on an annual basis, the applicable review authority shall make additional findings which explain and justify how the public health, safety, and welfare of the City are to be promoted by the amendment which reduces the housing opportunities of the region, in compliance with State law (Government Code Section 65863.6).

(§ 5, Ord. 1085, eff. January 6, 2006)

An amendment shall become effective on the 31st day following its adoption by the Council.

(§ 5, Ord. 1085, eff. January 6, 2006)

Decisions of the Council shall be noticed not later than 30 days following the day the decision is rendered. The Department shall cause the Council's decision in resolution or letter form to be mailed to the applicant at the address appearing on the application, or another address designated in writing by the applicant.

(§ 5, Ord. 1085, eff. January 6, 2006)