This chapter provides procedures for the amendment of this Development Code, the General Plan, or the Zoning Map whenever the Council determines public necessity and general welfare require an amendment.
(Ord. 24-13, 10/1/2024)
An amendment may be initiated by Commission or Council action, proposed by the Director, or as follows.
A. 
General Plan or Zoning Map amendment. In the case of the General Plan or the Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent of property for which the amendment is sought. If the property is under multiple ownerships, all owners or their authorized agents shall join in filing the application.
B. 
Development Code amendment. In the case of this Development Code, the Council may also adopt an urgency measure as an interim ordinance, in compliance with Government Code Section 65858.
(Ord. 24-13, 10/1/2024)
A. 
Application filing and processing. If initiated by the filing of an amendment application, the application shall be processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified by the Department handout for amendment applications, together with the required fee in compliance with the City's Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.720.060 (Findings and Decision), below.
B. 
Timing of General Plan amendments.
1. 
Mandatory elements.
a. 
The mandatory elements of the General Plan may be amended up to four times in a single calendar year.
b. 
Amendments may be combined with one another for Council consideration/action.
2. 
Nonmandatory elements. The nonmandatory elements of the General Plan may be amended an unlimited number of times.
C. 
Development Code/Zoning Map amendments - Compliance with Government Code Section 65853 required.
1. 
A Development Code or Zoning Map amendment, which amendment changes any property from one zone to another or imposes any regulation(s) specified in Government Code Section 65850 not previously imposed or removes or modifies any specified regulation(s) previously imposed shall be adopted in compliance with Government Code Sections 65854 to 65857, inclusive and as specified in this chapter.
2. 
Any other amendment to this Development Code may be adopted as other ordinances are adopted.
3. 
When the Council has requested the Commission to study and report upon an amendment which is within the scope of this subsection and the Commission fails to act upon the request within a reasonable time, the Council may, by written notice, require the Commission to render its report within 40 days.
4. 
Upon receipt of the written notice the Commission, if it has not done so, shall conduct the public hearing as required by Government Code Section 65854.
5. 
Failure of the Commission to report to the Council within the time period specified in Subsection C.3, above, shall be deemed to be approval of the proposed amendment in compliance with Government Code Section 65853.
D. 
Notification and consultation with California Native American tribes required.
1. 
In compliance with Government Code Section 65352.3 and before the adoption or amendment of the General Plan, proposed on or after March 1, 2005, the City shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to features, objects, or places described in Public Resources Code Sections 5097.9 and 5097.993 that are located within the City's jurisdiction.
2. 
From the date on which a California Native American tribe is contacted by the City in compliance with this subsection, the tribe shall have 90 days in which to request a consultation, unless a shorter timeframe has been agreed to by that tribe.
3. 
Consistent with the guidelines developed and adopted by the State Office of Planning and Research in compliance with Government Code Section 65040.2, the City shall protect the confidentiality of information concerning the specific character, identity, location, and use of those features, objects, and places.
E. 
Public hearings required. The Commission and Council shall each conduct one or more public hearings regarding the amendment.
F. 
Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.710 (Public Noticing and Hearings).
(Ord. 24-13, 10/1/2024)
A. 
Commission's recommendation to Council.
1. 
All amendments. After the public hearing, the Commission shall forward a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings identified in Section 17.720.060 (Findings and Decision), below.
2. 
Recommendation for approval of Development Code or Zoning Map amendments. A recommendation for approval or approval in modified form of a Development Code or Zoning Map amendment shall require only a majority vote.
3. 
Recommendation for approval of General Plan amendments. A recommendation for approval or approval in modified form of a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Commission in compliance with Government Code Section 65354.
B. 
Recommendation of disapproval by Commission. A recommendation against the proposed amendment shall require only a majority vote in compliance with Government Code Section 65354.
C. 
Appeal of Commission's recommendation.
1. 
The action of the Commission may be appealed within 10 days after the Commission makes a recommendation to the Council in compliance with Government Code Section 65354.5.
2. 
The appeal shall be filed with the City Clerk in compliance with Government Code Section 65354.5 and Chapter 17.715 (Appeals).
(Ord. 24-13, 10/1/2024)
A. 
Council's action.
1. 
All amendments. Upon receipt of the Commission's recommendation to approve, approve in modified form, or disapprove the proposed amendment, the Council shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in Section 17.720.060 (Findings and Decision), below.
2. 
Development Code or Zoning Map amendments. The action by the Council to approve, or approve in modified form, the Commission's recommendation regarding a Development Code or Zoning Map amendment shall be by a majority vote of the members present and shall be final and conclusive.
3. 
General Plan amendments. The action by the Council to approve, or approve in modified form, the Commission's recommendation regarding a General Plan amendment shall require the affirmative vote of not less than a majority of the total membership of the Council in compliance with Government Code Section 65356 and shall be final and conclusive.
B. 
Referral to Commission.
1. 
If the Council proposes to adopt a substantial modification(s) to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with Government Code Sections 65356 (General Plan amendments) and 65857 (Development Code or Zoning Map amendments).
2. 
Failure of the Commission to report back to the Council within the time limits specified in Government Code Sections 65356 (45 days) and 65857 (40 days) following the referral shall be deemed approval by the Commission of the proposed modification(s).
(Ord. 24-13, 10/1/2024)
An amendment to this Development Code, the General Plan, or the Zoning Map may be approved only if all of the following findings are first made, as applicable to the type of amendment.
A. 
Findings for General Plan and specific plan amendments.
1. 
The amendment is internally consistent with all other provisions of the General Plan and any applicable specific plan;
2. 
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
3. 
If an amendment to the Land Use Element, the affected site(s) is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located; and
4. 
The City may reduce, require, or permit the reduction of, the residential density for any parcel to, or allow development of any parcel at, a lower residential density, as defined in Government Code Section 65863, only if the following two additional findings are first made:
a. 
The reduction is consistent with the adopted General Plan, including the Housing Element; and
b. 
The remaining sites identified in the Housing Element are adequate to accommodate the jurisdiction's share of the regional housing needs in compliance with Government Code Section 65584.
B. 
Findings for Development Code and Zoning Map amendments.
1. 
Findings required for all Development Code and Zoning Map amendments.
a. 
The proposed amendment is consistent with the General Plan and any applicable specific plan; and
b. 
The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
2. 
Additional finding for Development Code amendments. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
3. 
Additional findings for Zoning Map amendments.
a. 
The affected site(s) is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zoning designation and the proposed or anticipated uses and/or development will not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
b. 
The two findings specified in Subsection A.4, above, in compliance with Government Code Section 65863.
(Ord. 24-13, 10/1/2024)
A. 
Prezoning required. Before the annexation to the City of any property, the sponsor of any annexations shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning which will be in effect on the effective date of the annexation.
B. 
Same as Zoning Map amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this chapter for Zoning Map amendments.
C. 
Compliance with General Plan. The zoning shall be in compliance with the General Plan and any applicable specific plan.
(Ord. 24-13, 10/1/2024)
A. 
General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council, unless provided later in the resolution.
B. 
Development Code and Zoning Map. A Development Code or Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council, unless provided later in the ordinance.
C. 
Notifying County Assessor. Whenever the zoning covering a property is changed from one zone to another via a Development Code or Zoning Map amendment, the City shall, within 30 days, notify the County Assessor of the action in compliance with Government Code Section 65863.5.
(Ord. 24-13, 10/1/2024)