Chapter 17.144
ZONING CODE AMENDMENTS Revised 6/18

Sections:

17.144.010    Purpose. Revised 6/18

17.144.020    Initiation. Revised 6/18

17.144.030    Application. Revised 6/18

17.144.040    Planning commission hearing and action. Revised 6/18

17.144.050    City council hearing and action. Revised 6/18

17.144.060    Findings for approval. Revised 6/18

17.144.070    Effective dates. Revised 6/18

17.144.010 Purpose. Revised 6/18

This chapter establishes procedures for amending the zoning code and zoning map. All amendments to the zoning code shall be processed as set forth in Government Code Section 65853 et seq. and as specified in this chapter. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.144.020 Initiation. Revised 6/18

A. Zoning Map Amendment. A request for an amendment to the zoning map may be initiated by:

1. The city council;

2. The planning commission;

3. The community development director; or

4. One or more owners of the property for which the amendment is sought.

B. Zoning Code Text Amendment. A request for an amendment to the text of the zoning code may be initiated by the following:

1. The city council;

2. The planning commission;

3. The community development director; or

4. Any resident, property owner, or business owner in the city. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.144.030 Application. Revised 6/18

An application for a zoning code amendment shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department, together with all required application fees. For amendments submitted by a resident, property owner, or business owner, it is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.144.060 (Findings for approval). (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.144.040 Planning commission hearing and action. Revised 6/18

A. Public Notice and Hearing. The planning commission shall review and act on a proposed zoning map amendment and zoning code amendment at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).

B. Recommendation of Approval. The planning commission may recommend to the city council the approval or conditional approval of the proposed zoning map amendment or zoning code amendment, based upon the findings specified in Section 17.144.060 (Findings for approval). The planning commission shall forward a written recommendation, and the reasons for the recommendation, to the city council within ninety days after the date the hearing was closed to the public. A recommendation for approval shall be made by a majority vote of the total membership of the planning commission.

C. Denial. The planning commission may deny the proposed zoning code amendment based upon the findings specified in Section 17.144.060 (Findings for approval). For a zoning map amendment, if the action of the planning commission is to recommend denial, the city council is not required to take further action on the proposed amendment unless an interested party requests a hearing in writing with the city clerk within ten days after the planning commission recommendation is filed with the city council. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.144.050 City council hearing and action. Revised 6/18

A. General. After receipt of the planning commission’s recommendation to approve a proposed zoning code amendment or zoning map amendment, the city council shall hold a public hearing on the proposal in compliance with Chapter 17.148 (Public Notice and Hearings).

B. Approval or Denial. The city council may approve, conditionally approve, or deny the proposed zoning code amendment or zoning map amendment based upon the findings specified in Section 17.144.060 (Findings for approval).

C. Finality of Action. The action by the city council shall be made by a majority vote of the total membership of the city council and shall be final and conclusive except for amendments within the coastal appeal zone, in which case the city council’s decision may be appealed to the Coastal Commission.

D. Referral to Planning Commission. If the city council proposes to adopt a substantial modification to the zoning code amendment not previously considered by the planning commission, the proposed modification shall be first referred to the planning commission for its recommendation.

E. Failure to Report. The failure of the planning commission to report back to the city council within forty days after the reference, or within the time set by the city council, shall be deemed a recommendation of approval. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.144.060 Findings for approval. Revised 6/18

The city council may approve a zoning code amendment or zoning map amendment only if all of the following findings are made:

A. Findings for All Zoning Code and Zoning Map Amendments.

1. The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code Section 65860.

2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

B. Additional Finding for Zoning Code Text Amendments. The proposed amendment is internally consistent with other applicable provisions of the zoning code.

C. Additional Finding for Zoning Map Amendments. The affected site is physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the zoning code and general plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.144.070 Effective dates. Revised 6/18

A zoning code amendment becomes effective thirty days following the adoption of the ordinance by the city council. (Ord. 1017 § 2 (Exh. A) (part), 2018)