Chapter 20.66
AMENDMENTS
Sections:
20.66.020 Initiation of Amendment.
20.66.030 Processing, Notice, and Hearing.
20.66.040 Commission Recommendation.
20.66.060 Prezoning—Annexations.
20.66.010 Purpose.
This chapter provides procedures for the amendment of this Zoning Code (e.g., text or map). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.66.020 Initiation of Amendment.
An amendment may be initiated in the following manner:
A. Council. By the Council, with or without a recommendation from the Commission;
B. Commission. By the Commission; or
C. Property Owner(s). An amendment to the Zoning Map may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent(s) of property for which the amendment is sought. All owners or their authorized agents shall join in filing the application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.66.030 Processing, Notice, and Hearing.
A. If initiated by property owner(s) with the filing of an amendment application:
1. Process. The application shall be processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).
2. Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62 (Public Hearings).
B. If initiated by the City Council or Commission, notice of the public hearings shall be given as specified below:
1. Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing.
2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to all of the following:
a. Property Owners. All owners of property located within a three hundred (300) foot radius of the amendment excluding intervening rights-of-way and waterways, of the exterior boundaries of the affected property, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. If the number of property owners to whom notice would be mailed in compliance with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City;
b. Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services as a result of the amendment, whose ability to provide the facilities and services may be significantly affected; and
c. Persons Requesting Notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice.
3. Additional Notice. The Director may choose to provide additional notice of the hearing in any other manner deemed necessary.
4. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority.
C. Hearing.
1. The applicable review authority shall conduct one or more public hearings regarding the amendment.
2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). (Ord. 2020-19 § 4, 2020: Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.66.040 Commission Recommendation.
The Commission shall recommend approval, approval with modifications, or denial of the amendment to the Council.
A. Action by the Commission.
1. If approved or approved with changes, the Commission shall make and file a report of its findings and recommendations with the Council.
2. Failure of the Commission to take action on the proposed amendment shall be deemed to be denial of the proposed amendment by the Commission.
B. Denial by the Commission. If the proposed amendment is denied by the Commission, no further action shall be taken, unless appealed to the Council in compliance with Chapter 20.64 (Appeals). (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.66.050 Council Decision.
A. Time of Hearing. The decision of the Council shall be rendered within sixty (60) days after the receipt of a report and recommendation of approval from the Commission or within sixty (60) days after the filing of an appeal of the Commission’s action to deny the amendment.
B. Notice of Appeal. Notice shall be given to the Commission of the appeal, and the Commission shall submit a report of its findings and recommendations to the Council specifying the reasons for the Commission’s decision.
C. Council’s Decision. Upon receipt of the Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment.
D. Referral.
1. If the Council proposes to adopt a substantial change to the amendment not previously considered by the Commission, the proposed change shall be first referred to the Commission for its recommendation.
2. Failure of the Commission to take action on the proposed change within forty-five (45) days shall be deemed to be approval of the proposed change by the Commission. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.66.060 Prezoning—Annexations.
A. Prezoning Required. Before the annexation to the City of any property, the sponsor of an annexation shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning that will be in effect on the effective date of the annexation.
B. Same as Zoning Code Amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this chapter for Zoning Code amendments.
C. Compliance Required. The zoning shall be in compliance with the General Plan and any applicable specific plan. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.66.070 Effective Dates.
An amendment to this Zoning Code shall become effective thirty (30) days after approval by the City, or as stated in the adopting ordinance. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)