Chapter 9.86
AMENDMENTS (DEVELOPMENT CODE, GENERAL PLAN, AND ZONE MAP)
Sections:
9.86.020 Initiation of amendments.
9.86.030 Application filing, processing, and review.
9.86.040 Commission’s action on amendments.
9.86.050 Council’s action on amendments.
9.86.060 Findings and decision.
9.86.010 Purpose of chapter.
The purpose of this chapter is to provide procedures for a:
A. General Plan. General Plan amendment and amendment of specific plans that may include revisions to, goals, policies, actions, land use designations, or text;
B. Development Code. Development Code amendment that may modify any procedures, provisions, requirements, or standards, applicable to the development and/or use of property within the City; and
C. Zone Map. Zone Map amendment that has the effect of rezoning property from one zoning district to another. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.86.020 Initiation of amendments.
A. Compliance with section. An amendment to the General Plan, this Development Code, or the Zone Map shall be initiated in compliance with this section.
B. Who may initiate an amendment. An amendment may be initiated by:
1. Council. A resolution of intention by the Council;
2. Commission. A resolution of intention by the Commission;
3. Urgency measure.
a. The Council may take appropriate action to adopt an urgency measure, as an interim ordinance, in compliance with State law (Government Code Section 65858).
b. If the Commission in good faith is conducting, or resolves to conduct, studies within a specified time for the purpose of holding a hearing(s) in order to provide recommendations to the Council related to the adoption or amendment of this Development Code, or in the event that new territory may be annexed to the City, the Council, in order to protect the public health, safety, and welfare, may adopt as an urgency measure a temporary interim ordinance prohibiting uses which may be in conflict with the adopted or amended Development Code.
4. Property owner. Filing with the Department a complete application for a:
a. General Plan amendment by an interested person;
b. Development Code amendment by an interested person; or
c. Zone Map amendment by the subject property owner(s).
(1) A property owner(s) or authorized representative of an owner(s) may propose an amendment to change property from one zoning district to another by filing an application with the Department.
(2) If the property is under multiple ownerships, sixty percent (60%) or more of the owners or their authorized agents shall join in filing the application.
(3) The Department shall prescribe the form in which applications for changes of zoning districts are made, and shall prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request.
(4) No application shall be accepted unless it is full and complete and complies with this chapter. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.86.030 Application filing, processing, and review.
If initiated by a property owner(s), the amendment application shall comply with the following:
A. Filing. An application for an amendment, together with the required fee in compliance with the City’s Fee Schedule, shall be filed with the Department in compliance with Chapter 50 of this title (Application Filing, Processing, and Fees).
B. Contents. The application shall be accompanied by detailed data/materials identified in the Department handout for amendment applications.
C. Project review procedures. Following receipt of a completed application, the Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the purpose of this chapter.
D. Notice and hearings.
1. Public hearings shall be required for the Commission’s recommendation and the Council’s action on an amendment.
2. The public hearings shall be scheduled once the Director has determined the application complete in compliance with Section 9.50.070 (Initial application review).
3. Noticing of the public hearings shall be given in compliance with Chapter 88 of this title (Public Hearings). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.86.040 Commission’s action on amendments.
The Commission shall make a written recommendation to the Council on the proposed amendment whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 9.86.060 (Findings and decision). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.86.050 Council’s action on amendments.
A. Action of Council. Upon receipt of the Commission’s recommendation, the Council may approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 9.86.060 (Findings and decision).
B. Referral to Commission. Any substantial change(s) 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 (Development Code and Zone Map amendments)). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.86.060 Findings and decision.
A. Findings for General Plan amendments. An amendment to the General Plan may be approved only if all of the following findings are made:
1. The proposed amendment is internally consistent with the goals, policies, and actions of the General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and
3. If applicable, the parcel is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated project.
4. There is a compelling reason for the amendment.
B. Findings for Development Code and Zone Map amendments. An amendment to this Development Code or the Zone Map may be approved only if the review authority first makes the following findings, as applicable to the type of amendment.
1. Findings required for all Development Code and Zone Map amendments:
a. The proposed amendment is consistent with the goals, policies, and actions of the General Plan; and
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general 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 finding for Zone Map amendments. The parcel 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/projects. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.86.070 Prezoning.
A. Applicability.
1. An unincorporated property within the City’s sphere of influence may be prezoned for the purpose of determining the zoning that would apply to the property in the event of subsequent annexation to the City.
2. A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or disapproved in the same manner as provided for Zone Map amendments for property located within the City.
3. 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 Zone Map.
4. 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’s action on prezoning. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on the findings contained in Section 9.86.060 (Findings and decision).
C. Council’s action on prezoning.
1. Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in Section 9.86.060 (Findings and decision).
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, in compliance with State law (Government Code Section 65857). (§ 2, Ord. 14-13, eff. October 8, 2014)