This chapter is intended to provide procedures for the amendment
of the:
A.
General Plan. General Plan, which may include revisions to
actions, goals, land use designations, policies, text, or land use/circulation
diagrams;
B.
Development Code. Development Code which may modify any procedures,
provisions, requirements, or standards applicable to the development
and/or use of property within the City; and
C.
Zoning Map. Official Zoning District Map which may include
the following changes:
1.
Prezoning. Designating the zoning district for an unincorporated
parcel(s) within the City's sphere of influence before annexation
to the City;
2.
Rezoning. Revising the existing zoning for a parcel(s)
from one zoning district to another; and
3.
Zoning. Designating the zoning district for a parcel(s)
located within the boundaries of the City, which has not received
a previous zoning district designation.
(Prior code § 16-510.010)
The Council is the Review Authority for amendments (General
Plan, Development Code, and Zoning Map), based on the recommendation
of the Commission.
(Prior code § 16-510.020)
An amendment may be initiated in the following manner:
A.
Council. By the Council with referral to the Commission;
B.
Commission. By the Commission;
C.
City Manager. By the City Manager;
D.
Property Owner. An application submitted by a property owner(s)
or designated or authorized agents; or
E.
Petition. An application submitted by a petition of 10 interested
parties for amendments to the text of the General Plan and this Development
Code.
(Prior code § 16-510.030; Ord. 015-09 C.S., eff. 12-3-09)
A.
Filing. An application for an amendment shall be completed, filed with the Department, and processed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees), and shall be accompanied by the fee required by the Council's fee resolution.
B.
Review. Each application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this chapter in compliance with Section 16.84.050 (Initial application review and environmental assessment).
C.
Timing of Amendments.
(Prior code § 16-510.040; Ord. 2020-12-01-1502 C.S. § 32)
A.
Decision. After a public hearing, the Review Authority shall
provide the decision and the findings of fact on which the decision
is based in writing. It is the responsibility of the applicant to
establish evidence in support of the required findings.
1.
Approval. An amendment to the General Plan, this Development Code, or the Zoning Map may be approved only if all of the findings of fact listed in subsection B of this section, can be made.
2.
Disapproval. An amendment shall be disapproved if the
Review Authority is unable to make all of the required findings of
fact.
B.
Findings of Fact. All of the following findings of fact, as
applicable to the type of amendment, shall be made to approve an amendment:
1.
Mandatory Findings of Fact for All Amendments.
a.
The proposed amendment ensures and maintains internal consistency
with general land uses, objectives, policies, programs, and actions
of all elements of the General Plan on balance and would not create
any inconsistencies with this Development Code;
b.
The proposed amendment will not endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety,
or general welfare of persons residing or working in the City; and
c.
The proposed amendment complies with the California Environmental
Quality Act (CEQA) and the City's CEQA Guidelines.
2.
Additional Finding for Development Code Amendments. The
proposed amendment would be internally consistent with other applicable
provisions of this Development Code.
3.
Additional Finding for Zoning Map Amendments. The site(s)
would be physically suitable (including access, provision of utilities,
compatibility with adjoining land uses, and absence of physical constraints)
for the requested zoning designation(s) and anticipated land use development(s).
(Prior code § 16-510.050)
