The Council may amend the General Plan, this Zoning Code, or the Zoning Map whenever required by public necessity and general welfare.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1.
General Plan. A General Plan amendment may include revisions to text or diagrams.
2.
Zoning Code. A Zoning Code amendment may modify any standard, requirement or procedure applicable to land use and/or development within the City.
3.
Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1.
A pre-submittal application and fee are required prior to the filing of a formal amendment application. A pre-submittal conference with the Department is required prior to the filing of the formal application;
2.
During the pre-submittal conference, the City staff representative(s) shall review the applicable General Plan policies and provisions, the applicable zoning district regulations, and the City's CEQA Guidelines;
3.
The amendment and Environmental Impact Report (EIR), if required, shall not be prepared by the same private consulting firm;
4.
The applicant, or the consultant, shall be responsible for all fees associated with the preparation and advertisement of the Notice of Preparation (NOP) and the Notice of Completion (NOC) for the EIR, if one is required; and
5.
Prior to the preparation of the amendment or EIR, the applicant shall hold at least one public scoping meeting to identify potential community-wide impacts and concerns relating to the proposed amendment. Public notice of the scoping meeting is required. Appropriate procedures shall be defined by the Department at the pre-submittal conference.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Upon receipt in proper form of a formal amendment application or upon initiation by the Director, Commission or Council, and following Department review and compliance with the City's CEQA Guidelines, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Article 23 of this chapter (Hearings and Appeals).
An applicant for an amendment which requires one or more additional land use applications, shall file all related permit applications concurrently with the amendment request in compliance with Section 9-2.102 (Multiple Permit Applications).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
The Commission shall make a written recommendation to the Council on the proposed amendment whether to approve, approve in modified form, or disapprove based upon the findings outlined in Section 9-2.2007 (Findings), below.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form or disapprove the proposed amendment based upon the findings outlined in Section 9-2.2007 (Findings), below.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
1.
Findings for General Plan amendments. An amendment to the General Plan may be approved in compliance with State law (Government Code Section 65300 et seq., Chapter 3 [Local Planning]) only if all of the following findings are made:
A.
The proposed amendment is internally consistent with the General Plan;
B.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City;
C.
The proposed amendment would contribute to an appropriate balance of land uses so that local residents may work and shop in the community in which they live;
D.
The subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested/anticipated land use development; and
E.
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the City's Guidelines.
2.
Findings for Zoning Code and Zoning Map. An amendment to this Zoning Code or the Official Zoning Map may be approved in compliance with State law (Government Code Section 65800 et seq., Chapter 4 [Zoning Regulations]), only if all of the following findings are made, as applicable to the type of amendment:
A.
Findings Required for all Zoning Code and Map Amendments.
(1)
The proposed amendment is consistent with the General Plan;
(2)
The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
(3)
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the City's Guidelines.
B.
Additional Finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this Code.
C.
Additional Finding for Zoning Map Amendments.
(1)
The proposed amendment would maintain the appropriate balance of zoning districts/land uses within the City; and
(2)
The subject parcel(s) is physically suitable (including, but not limited to, 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.
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
No mandatory element of the General Plan may be amended more than four times during any calendar year in compliance with State law (Government Code Sections 65358).
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)
All applications shall be subject to the applicable provisions of this Code, including the procedures outlined in the following Articles:
1. | Article 22 of this chapter | Applications and Fees |
2. | Article 23 of this chapter | Hearings and Appeals |
(§ 1, Ord. 666-NS, eff. September 15, 2001, as amended by § 13, Ord. 2019-978, eff. September 5, 2019)