Chapter 17.20 — AMENDMENTS

The boundaries and areas of the zones established by this title and as depicted on the zoning map, the classification of land uses therein, or other provisions of this title may be amended whenever public necessity and convenience and general welfare require. (Ord. 4950 § 3, 2010)

Amendments of this title may be initiated by:

• A. Submittal of a completed application by the property owner, or the property owner's agent, to the secretary of the planning commission. However, no application for a zone reclassification shall be accepted if a previous application for the same zone reclassification request, for the same property, was denied within the previous year; or

• B. A resolution of intention of the city council; or

• C. A resolution of intention of the planning commission; or

• D. City Council action.

• E. All amendments to this title which do not change any property from one zone to another, or do not impose any regulation listed in section 65800 of the California Government Code (the Planning and Zoning Law) not theretofore imposed, or which do not remove or modify any such regulation theretofore imposed, may be initiated and adopted as other ordinances are adopted by said city council.

(Ord. 5072 § 5, 2018)

Upon acceptance of a completed application, the secretary of the planning commission shall schedule a public hearing before the planning commission in accordance with the provisions of Chapter 17.25 of this title.

(Ord. 4950 § 3, 2010)

After close of the public hearing on an application for an amendment, the planning commission shall announce its decision by resolution filed with the city clerk. Said resolution shall either recommend that the amendment be approved by the city council, or it shall deny the proposed amendment. Should the planning commission fail to reach a decision on the application, the provisions of Section 2.12.080 of the El Cajon Municipal Code shall apply to any vote. The matter shall be referred to the city council together with the planning commission minutes and the complete record of the case. (Ord. 4950 § 3, 2010)

The planning commission may recommend and the city council may adopt any amendment to the Zoning Code, provided that it first makes the following findings:

• A. The proposed zoning amendment, including any changes proposed in the various land uses to be authorized, is compatible with the objectives, policies, general land uses, and programs specified in the general plan.

• B. The proposed zoning amendment is consistent with any applicable specific plan governing development of the subject property.

• C. It is in the public necessity and convenience and/or general welfare that the zoning regulations governing the property be changed.

• D. When a reduction in residential density is proposed, the following additional finding shall be made: The remaining sites identified in the housing element are adequate to accommodate the city's share of the regional housing need pursuant to California Government Code Sections 65584 , and 65863 .

• (Ord. 4950 § 3, 2010; Ord. 4984 § 4, 2013)

Within five days of the passage of a resolution, the secretary to the planning commission shall cause all of the following to be done on the same day:

• A. Notify the applicant of its action by mailing a copy of such resolution to the applicant at the address shown upon the application;

• B. File a copy of such resolution with the city clerk; and

• C. Forward a copy of such resolution to the city council.

If the planning commission recommends adoption of an amendment, the complete record of the case shall also be forwarded to the city council.

(Ord. 4950 § 3, 2010)

The action of the planning commission in recommending denial of an application for an amendment shall be final and conclusive.

(Ord. 5113 § 4, 2022)

The city clerk shall schedule a public hearing before the city council in accordance with the provisions of Chapter 17.25 , upon receipt of a resolution from the planning commission recommending approval of a requested zoning amendment. The city clerk shall also schedule a public hearing before the city council in the event that a planning commission resolution denying a requested zoning amendment is appealed by any person in accordance with the provisions listed in Chapter 17.30 .

(Ord. 4950 § 3, 2010)

The city council may approve, modify or deny the recommendation of the planning commission; provided that any modification of the proposed ordinance or amendment by the city council not previously considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the referral, or such longer period as may be designated by the city council, shall be deemed a positive recommendation of the proposed modification. (Ord. 4950 § 3, 2010)

The action by the city council on the application for amendment shall be by a majority vote of the entire membership of the city council and shall be final and conclusive. Denial of a zoning amendment request may be in the form of a resolution or a minute order. Approval of a Zoning Code amendment shall be in the form of an ordinance. (Ord. 4950 § 3, 2010; Ord. 4984 § 4, 2013)

No later than 10 days following council action regarding a proposed zoning amendment, a copy of the ordinance, resolution, or minute order documenting the council's action shall be mailed to the applicant and any other parties requesting notice of the action, and one copy shall be forwarded to the secretary of the planning commission. Furthermore, in accordance with California Government Code Section 65863.5 , the city shall notify the county assessor of any approval that changes the zoning designation of a property in the city.

(Ord. 4950 § 3, 2010)