Chapter 18.29
AMENDMENTS
Sections:
18.29.040 Initiation of amendment.
18.29.060 Planning Commission hearing and recommendation.
18.29.070 City Council hearing and action.
18.29.080 General Plan consistency required for zoning amendments.
18.29.090 Annexed and not zoned property.
18.29.010 Purpose.
This chapter establishes procedures by which changes may be made to the text of this zoning code and to the zoning map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan. [Ord. 24-002 § 5 (Exh. A).]
18.29.020 Applicability.
The procedures in this chapter shall apply to all proposals to change the text of this zoning code or to revise a zone or boundary line shown on the zoning map. [Ord. 24-002 § 5 (Exh. A).]
18.29.030 Review authority.
The Planning Commission shall act as the advisory body for all amendments to the zoning code and zoning map and provide recommendations to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify all amendments to the zoning code and zoning map. [Ord. 24-002 § 5 (Exh. A).]
18.29.040 Initiation of amendment.
An amendment to the zoning code or zoning map may be initiated by any qualified applicant identified in DMC 18.21.020, Application forms and fees, the Community Development Director, or by a motion of the City Council or Planning Commission. [Ord. 24-002 § 5 (Exh. A).]
18.29.050 Procedures.
A. Application. A qualified applicant shall submit an application accompanied by the required fee, pursuant to Chapter 18.21 DMC, Common Procedures. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application. Amendments to the zoning code and zoning map are to be processed concurrently with other applications.
B. Staff Report. The Community Development Director shall prepare a report and recommendation to the Planning Commission on any amendment application. The report shall include, but is not limited to, a discussion of how the proposed amendment is consistent with the General Plan and an environmental document prepared in compliance with the California Environmental Quality Act (CEQA).
C. Public Hearing and Notice. All amendments to the zoning code and zoning map shall be referred to the Planning Commission, which shall conduct at least one (1) public hearing on any proposed amendment. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in DMC 18.21.050, Public notice. [Ord. 24-002 § 5 (Exh. A).]
18.29.060 Planning Commission hearing and recommendation.
A. Planning Commission Hearing. Before submitting a recommendation report to the City Council, the Planning Commission shall conduct at least one (1) public hearing in accordance with DMC 18.21.060, Conduct of public hearings.
B. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing.
1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to DMC 18.29.070, City Council hearing and action.
2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with DMC 18.21.120, Appeals. [Ord. 24-002 § 5 (Exh. A).]
18.29.070 City Council hearing and action.
A. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with DMC 18.21.060, Conduct of public hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation.
B. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. An approved amendment shall be adopted by ordinance. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within forty (40) days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption. [Ord. 24-002 § 5 (Exh. A).]
18.29.080 General Plan consistency required for zoning amendments.
The Planning Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment is found to be consistent with the General Plan or concurrent General Plan amendment. [Ord. 24-002 § 5 (Exh. A).]
18.29.090 Annexed and not zoned property.
All property which is annexed to the City or which is not zoned or becomes not zoned through abandonment of a public street or railroad right-of-way shall automatically and without public hearing be classified in the PF district or the zoning district of the adjacent property, unless otherwise zoned at the time of annexation or prezoned pursuant to Chapter 18.31 DMC, Prezoning. [Ord. 24-002 § 5 (Exh. A).]