Chapter 9.92 — Amendments

Sections:

9.92.010 Purpose of Chapter

9.92.020 Processing, Notice, and Hearing

9.92.030 Planning Commission Action on Amendment

9.92.040 Council Action on Amendment

9.92.050 Findings

9.92.060 Prezoning

9.92.070 Repealed

This Chapter provides procedures for the amendment of the General Plan, the Zoning Map, this Land Use Code, and the Local Coastal Program whenever the Council determines public necessity and general welfare require an amendment.

A. Who may initiate an amendment.

1. General Plan or Zoning Map. A General Plan or Zoning Map amendment may only be initiated by:

a. The Council;

b. The Planning Commission; or

c. 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 of the owners or their authorized agents shall join in filing the application.

2. Land Use Code. A Land Use Code amendment may only be initiated by:

a. The Council;

b. The Planning Commission; or

c. By Council action to adopt an urgency measure as an interim ordinance in compliance with State law (Government Code Section 65858).

B. Application filing and processing. An application for an amendment shall be completed, filed, and processed in compliance with Chapter 9.70 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. A General Plan amendment shall involve consultation with pertinent Tribal Governments per the requirements of Senate Bill 18 (SB18) of 2004.

C. Public hearings required. The Planning Commission and Council shall each conduct one or more public hearings regarding the amendment application.

D. Notice of hearings. Notice of the public hearings shall be provided, and the hearings shall be conducted in compliance with Chapter 9.74 (Public Hearings).

The Planning 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 9.92.050 (Findings), below.

A. Action to approve/disapprove. Upon receipt of the Planning Commission’s recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings identified in Section 9.92.050 (Findings), below.

B. Referral to Planning Commission. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Planning Commission during its hearings, the proposed modification shall be first referred to the Planning Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Land Use Code /Zoning Map amendments]).

An amendment to the General Plan, the Zoning Map, or this Land Use Code 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 proposed amendment is 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(s) is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses and/or development.

B. Findings for Zoning Map and Land Use Code text amendments.

1. Findings required for all Zoning Map and Land Use Code text amendments:

a. The proposed amendment is consistent with the General 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 Zoning Map amendments: The affected site(s) is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses and/or development.

A. Purpose.

1. An unincorporated property within the City’s sphere of influence may be prezoned for the purpose of determining the zoning that would apply to the property in the event of subsequent annexation to the City.

2. The initiation and the procedures for the prezoning shall be the same procedures which govern the rezoning of property within the City and as identified in this Chapter.

3. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the City’s Official Zoning Map.

B. Applicability.

1. All lands. Except for those lands identified in Subsection B.2, immediately below, all lands shall be subject to the prezoning procedures identified in this Section and within Section 9.94.040.

2. Not subject to resource lands. Resource lands shall not be prezoned, but their specific land use designations shall be considered at the time of annexation.

C. Commission’s action on prezoning. The Planning Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on the findings contained in 9.92.050 (Findings), above.

D. Council’s action on prezoning.

1. Upon receipt of the Planning Commission’s recommendation, the Council shall approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in 9.92.050 (Findings), above.

2. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Planning Commission during its hearings, the proposed modification may be first referred back to the Planning Commission for its recommendation, in compliance with State law (Government Code Section 65857).

Repealed by Ord. 1432. Table of Contents Previous Next

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