SECTION 25.47
GENERAL PLAN AND ZONING AMENDMENTS
Sections:
25.47.3 Commission Action on Amendments
25.47.4 Council Action on Amendments
25.47.5 Findings for Zoning Map Amendments
25.47.1 Purpose
The following provisions allow for the amendment of the General Plan, the official Zoning Map, or this Ordinance whenever required by public necessity and general welfare. A General Plan Amendment may include revisions to text, goals, policies, actions, or land use designations. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Ordinance may modify any standards, requirements, or procedures applicable to the subdivision, development, and/or use of property within the City.
25.47.2 Hearings and Notice
Upon receipt of a complete application to amend the General Plan, the Zoning Map, or this Ordinance, or upon initiation by the Commission or Council, and following Department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Section 25.43 (Public Hearings).
25.47.3 Commission Action on Amendments
The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment, based upon the findings contained in Section 25.47.5 (Findings).
25.47.4 Council Action on Amendments
Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form or deny the proposed amendment based upon the findings in Section 25.47.5 (Findings for Zoning Map Amendments).
If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation. Failure of the Commission to report within 45 days after the referral, or within any longer time set by the Council, shall be deemed a recommendation for approval of the modification.
25.47.5 Findings for Zoning Map Amendments
An amendment to official Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment:
A. The proposed amendment is consistent with the goals, policies, and actions of 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 site 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 designations and anticipated land uses/developments; and
D. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
25.47.6 Prezoning
A. Purpose. The City Council may prezone unincorporated property adjoining the City’s boundaries for the purpose of determining and identifying the zoning that will apply to such property in the event it is subsequently annexed to the City. Prezoning of such property shall be accomplished by ordinance adopted following completion of the same procedures identified by this section for General Plan and Zoning Ordinance amendments.
B. Prezoning to become permanent zoning. Any prezoning designation shall become the zoning designation of the property at the same time that the property’s annexation to the City is effective.
C. Withdrawal or amendment. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.
D. Annexations. It is the City’s intent to prezone all properties annexed by the City. However, in those unusual circumstances where properties are not prezoned to other various zoning districts, the property(ies) shall be zoned AG (Agriculture). Prior to any development or at the City’s discretion, the subject property shall be rezoned to its ultimate use.