Chapter 18.94
AMENDMENTS
Sections:
18.94.020 Initiation of Amendment
18.94.030 Processing, Notice and Hearing
18.94.040 Commission Action on Amendment
18.94.050 Council Action on Amendment
18.94.010 - Purpose of Chapter
This Chapter provides procedures for the amendment of the General Plan, this Development Code and the Zoning Map whenever the Council determines public necessity and general welfare require an amendment. The term “amendment,” as used in this Chapter 18.94, shall refer to any amendment to the General Plan, this Development Code or the Zoning Map.
18.94.020 - Initiation of Amendment
An amendment may be initiated by Commission or Council direction, proposed by the Director, or:
A. In the case of the General Plan or Zoning Map, an amendment may also be initiated by the filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all owners or their authorized agents shall join in filing the application.
B. In the case of the Development Code, the Council may also adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858).
18.94.030 - Processing, Notice, and Hearing
Public hearings required. After the filing and initial processing of a proposed amendment in compliance with Chapter 18.70 (Permit Application Filing and Processing), the Commission and Council shall each conduct not less than one public hearing regarding the amendment. Notice of a public hearing shall be provided, and hearing shall be conducted in compliance with Chapter 18.96 (Public Hearings).
18.94.040 - Planning Commission Action on Amendment
After the public hearing, the Commission shall forward a written recommendation, and reasons for the recommendation, to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based on the findings identified in Section 18.94.060 (Findings and Decision).
18.94.050 - Council Action on Amendment
A. Approval or disapproval. Upon receipt of the Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in Section 18.94.060 (Findings and Decision).
B. Referral to Commission. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission, the proposed modification shall be first referred to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 and 65857).
18.94.060 - Findings and Decision
An amendment to the General Plan, this Development Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.
A. Findings for General Plan amendments.
1. The amendment is internally consistent with all other provisions of the General Plan;
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
3. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
B. Findings for Development Code and Zoning Map text amendments.
1. Findings required for all Development Code and Zoning Map text amendments:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan; and
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or 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 Zoning Map amendments: The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the requested zoning designation and the proposed or anticipated uses and/or development would not endanger, jeopardize, or otherwise constitute a hazard to the property or improvements in the vicinity in which the property is located.
18.94.070 - Effective Dates
A. General Plan. A General Plan amendment shall become effective immediately upon the adoption of a resolution by the Council.
B. Development Code/Zoning Map. A Development Code/Zoning Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council that contains such an amendment.