Part 10. Permitting Procedures and Requirements

Chapter 18.225
ADOPTION OR AMENDMENTS TO GENERAL, COMMUNITY AND SPECIFIC PLANS,

DESIGN GUIDELINES, ZONING MAPS AND TEXT, AND PREZONING

Sections:

18.225.010    Purpose.

18.225.020    Application for amendment – Accompanying material.

18.225.030    Consultation for general and specific plan amendments.

18.225.040    Notice and hearing by planning commission.

18.225.050    Action and findings by planning commission.

18.225.060    Report to city council – Denial of application.

18.225.070    Notice and hearing by city council.

18.225.080    Action by city council – Referral to commission.

18.225.090    Prezoning.

18.225.010 Purpose.

The purpose of this chapter is to provide procedures for amendment of the general plan, including both the general plan text and the general plan map; for amendment of a community or specific plan; for amendment of the zoning ordinance, including both the text of this title and the zoning map; and for adoption or amendment of design guidelines. This chapter also provides procedures for prezoning areas intended to be annexed to the city. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.020 Application for amendment – Accompanying material.

(a)    Map Amendments.

(1)    A property owner or an owner’s agent, with the written consent of the property owner, may submit an application for an amendment to the general plan map, a community or specific plan map, or the zoning map on a form prescribed for that purpose by the city. The application shall include all required fees and/or deposits and all information and materials required by the city, including evidence to support the findings required to approve the map amendment. The planning manager may elect to include a larger area in the proposed map amendment to ensure orderly planning and development for the city.

(2)    The city council or the planning manager may initiate an application for a map amendment.

(b)    Text Amendments. The city council or planning manager may initiate an application for a text amendment to the text of the general plan, a community or specific plan, to this title, or to adopt or amend design guidelines. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.030 Consultation for general and specific plan amendments.

In accordance with Cal. Gov’t Code § 65352.3, the city shall provide notice and opportunity to consult with California Native American tribes prior to taking action on a general or specific plan amendment. The city shall additionally refer any proposal to adopt or substantially amend a general plan or specific plan to other entities as specified in Cal. Gov’t Code § 65352. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.040 Notice and hearing by planning commission.

The planning commission shall conduct a public hearing on all general, community and specific plan amendments, all amendments to this title, amendments to the general plan map, a community or specific plan map, or the zoning map, and adoption or amendment of design guidelines. At least 10 days prior to the public hearing, notice shall be given of the proposed amendment to the general plan, community or specific plan, zoning, or adoption or amendment of design guidelines as set forth in Chapter 18.320. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.050 Action and findings by planning commission.

(a)    The planning commission may recommend to the city council approval or approval with modifications of a proposed amendment to the general plan, a community or specific plan, zoning, or adoption or amendment of design guidelines only when findings of subsection (b) of this section can be made by motion carried by the affirmative votes of not less than a majority of the total members of the planning commission; otherwise, the proposed amendment shall be deemed denied by the planning commission.

(b)    Findings for Approval or Approval with Modifications.

(1)    The proposed amendment is consistent with the general plan and, where the amendment is to the text of the general plan, it is consistent with the other policies and chapters; and

(2)    The proposed amendment furthers the public interest, convenience, and general welfare of the city. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.060 Report to city council – Denial of application.

(a)    If the planning commission recommends approval or approval with modifications, or if the amendment was initiated by the city council, the planning commission shall submit to the city council a written report of its findings, hearing summary, and recommendations.

(b)    If the planning commission recommends denial of an amendment, the planning commission’s decision shall be final on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal to the city council is timely filed by the applicant pursuant to Chapter 18.300. If an appeal is filed, the planning commission shall submit to the city council a written report of its findings, hearing summary, and recommendations. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.070 Notice and hearing by city council.

Upon receipt of the planning commission’s recommendation, the city clerk shall schedule the matter for a public hearing by the city council. The city council shall conduct a public hearing on all proposed general, community and specific plan amendments, all amendments to this title, all amendments to the general plan map, a community or specific plan map, and zoning map, and amendments or adoption of design guidelines. At least 10 days prior to the public hearing, notice shall be given of the proposed general plan, community or specific plan, or zoning amendment as set forth in Chapter 18.320. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.080 Action by city council – Referral to commission.

(a)    Upon receipt of a planning commission recommendation or an appeal of a planning commission denial, the city council may approve or approve with modifications an application for amendments to the general plan, a community or specific plan, zoning, or adoption or amendment of design guidelines when all of the findings contained in Section 18.225.050(b) can be made. All amendments to the general plan, amendments to a community or specific plan, and adoption or amendment of design guidelines shall be adopted by resolution. All zoning amendments shall be adopted by ordinance. The city council may also deny any amendment application.

(b)    For all proposed general, community and specific plan amendments and for any proposed zoning amendment that would change any property from one district to another, or that modifies, imposes or removes any regulation listed in Cal. Gov’t Code § 65850, the city council shall not make a substantial change in the planning commission’s recommendation that was not previously considered by the planning commission until the proposed change is referred to the planning commission for report and recommendation. The failure of the planning commission to report within 45 calendar days after the reference or such longer period as may be designated by the city council shall be deemed to be a recommendation for approval of the proposed change.

(c)    No provision in this chapter shall be deemed to affect the authority of the city council to adopt any temporary interim zoning ordinance pursuant to Cal. Gov’t Code § 65858. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)

18.225.090 Prezoning.

(a)    An unincorporated property within the city’s sphere of influence may be prezoned to the zoning district that would apply in the event of subsequent annexation to the city.

(b)    Prezoning may be initiated by the city council or the planning commission or by an application of one or more owners of property affected by the proposed prezoning.

(c)    The process for prezoning property to be annexed to the city shall be the same as specified in this article for zoning map amendments.

(d)    The prezoning shall automatically become effective upon the annexation of said property to the city. (Ord. 9-2014 § 30, 3-4-14; Ord. 27-2016 § 38, 12-6-16.)