This Chapter provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare.
(Ord. 3677 § 1, 2004)
A. 
Applicability.
1. 
General Plan. A General Plan amendment may include revisions to text or diagrams.
2. 
Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.
3. 
Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.
a. 
A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.
B. 
Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated in compliance with the following:
1. 
Eligibility for initiation of amendment. A General Plan, Zoning Map, and/or Zoning Code text amendment may be initiated by:
a. 
A resolution of the Council or Commission;
b. 
The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or
c. 
A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.
2. 
Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.1.b, shall be filed in compliance with Chapter 20-50 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 20-64.050 (Findings), below.
3. 
Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.
C. 
Public hearings required.
1. 
After the initial processing of a proposed amendment in compliance with Chapter 20-50 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.
2. 
Notice of the hearings shall be given in compliance with Chapter 20-66 (Public Hearings).
3. 
Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.
D. 
Continuance of hearing.
1. 
The Commission or Council may continue a hearing on a proposed amendment from time to time, but the continuances shall not exceed a total of 100 days from the date of the initial opening of a public hearing before the applicable review authority.
2. 
Following the closing of the hearing the Commission or Council may continue its discussion and action on the matter for a period of time not to exceed 60 additional days.
3. 
If determined necessary by a majority vote of the members present, the Commission or Council may continue the discussion and action for a period of time not to exceed 60 additional days.
4. 
No further continuances shall be allowed, unless expressly approved by the applicant.
(Ord. 3677 § 1, 2004; Ord. 2020-001 § 9)
A. 
Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of at least four Commission members; otherwise the proposal shall be deemed denied.
B. 
Modification of amendments.
1. 
The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission reconsideration.
2. 
The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.
C. 
Denial of amendment.
1. 
A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter 20-62 (Appeals).
2. 
However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing.
D. 
Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 20-64.050 (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.
(Ord. 3677 § 1, 2004)
A. 
Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings in Section 20-64.050 (Findings), below.
1. 
General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.
2. 
Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.
B. 
Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.
C. 
Non-substantive changes by the Council.
1. 
The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration.
2. 
Before taking the action, the Council may refer the proposed non-substantive change to the Commission for a written recommendation.
3. 
In this case, the Commission need not hold a public hearing, and shall report back to the Council within 60 days after the date of Council referral, or it shall be deemed to have approved the proposed non-substantive changes.
(Ord. 3677 § 1, 2004)
An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.
A. 
Findings for General Plan amendments.
1. 
The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;
2. 
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3. 
The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments; and
4. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
B. 
Findings for Zoning Code/Map amendments.
1. 
Findings required for all Zoning Code/Map amendments:
a. 
The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;
b. 
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c. 
The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
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 site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
(Ord. 3677 § 1, 2004)
A. 
Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to the City.
1. 
A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
2. 
Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map.
3. 
A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.
B. 
Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained in 20-64.050 (Findings), above.
C. 
Council's action on prezoning.
1. 
Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained in 20-64.050 (Findings), above.
2. 
If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.
(Ord. 3677 § 1, 2004)