(a)
(1)
General Plan amendments that may include revisions to actions, goals,
land use designations, policies, or text;
(2)
Zoning Map amendments that has the effect of rezoning property from
one zoning district to another; and
(3)
Amendments of these Zoning Regulations that may modify any procedures,
provisions, requirements, or standards, applicable to the development,
and/or use of property within the City.
(b)
The amendments may be approved by the Council whenever required by
public convenience, health, interest, safety, or welfare of the City.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 88, Ord. 941, eff. November 10, 2023)
(a)
Before the filing of a formal amendment application the applicant
shall file a pre-submittal application and fee deposit with the Department.
The Director shall review the submittal and prepare a report/recommendation
to the Commission. Following their review the Commission shall forward
a report/recommendation to the Council. The Council shall review/screen
the recommendation and make a determination as to the general appropriateness
of the request. The review shall identify the consistent and inconsistent
issues with the proposed amendment.
(b)
A prospective applicant is strongly encouraged to request a "concept
review" from the Department before filing a formal amendment application.
(c)
An applicant for an amendment which requires one or more additional
land use applications shall file all related applications concurrently
with the amendment request in compliance.
(§ 3, Ord. 771, eff. February 13, 2004)
An application for an amendment shall be filed in compliance with Section 10-2.1805.
(§ 3, Ord. 771, eff. February 13, 2004)
Upon receipt in proper form of an 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 or Council, as appropriate. Notice of the hearings shall be given in compliance with Title 10, Chapter 2, Article 29 (Public Hearings).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 89, Ord. 941, eff. November 10, 2023)
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 identified in Section 10-2.2707.
(§ 3, Ord. 771, eff. February 13, 2004)
(a)
Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form or disapprove the proposed amendment based upon the findings identified in Section 10-2.2707.
(b)
Any changes to the amendment that were not considered by the Commission
shall be referred to the Commission for its recommendation, in compliance
with State law (Government Code Sections 65356 [General Plan amendments]
and 65857 [Zoning Map and Zoning Regulations amendments]).
(c)
Failure of the Commission to report within 40 days (General Plan
amendments) or 45 days (Zoning Map and Zoning Regulations amendments)
after the referral, or a longer period set by the Council, shall be
deemed a recommendation for the approval of the changes.
(§ 3, Ord. 771, eff. February 13, 2004)
An amendment to the General Plan, the Zoning Map, or these Zoning
Regulations, may be approved only if the following findings are made,
as applicable to the type of amendment in compliance with State law
(Government Code Section 65800, et seq.). It is the responsibility
of the applicant to establish evidence in support of the required
findings.
(a)
Mandatory findings required for all amendments (e.g., General
Plan, Zoning Map, and these Zoning Regulations).
(1)
The proposed amendment ensures and maintains internal consistency
with the actions, goals, objectives, and policies of the General Plan,
and would not create any inconsistencies with these Zoning Regulations,
in the case of an amendment of these Zoning Regulations;
(2)
The proposed amendment would not be detrimental to the public convenience,
health, interest, safety, or welfare of the City; and
(3)
The proposed project has been reviewed in compliance with the provisions
of CEQA and/or the City's environmental review procedures.
(b)
Additional finding for Zoning Map amendments. The
site(s) is/are 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).
(c)
Additional finding for amendments of these Zoning Regulations. The proposed amendment is internally consistent with other applicable
provisions of these Zoning Regulations.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 90, Ord. 941, eff. November 10, 2023)
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 65350, 65354.5, and 65358).
(§ 3, Ord. 771, eff. February 13, 2004)
