Chapter 10.110

10 110 010: PURPOSE:

10.110.010: PURPOSE:

The purpose of this Chapter is to provide procedures for amending the text of this Zoning Code or the Official Zoning Map whenever public necessity, convenience, and general welfare require such amendment to maintain consistency with the General Plan. Such amendments shall be made in accordance with the procedures prescribed in this Chapter. (Ord. 2024001, 9-10-2024)

An application to amend the General Plan, rezone land, change or revise a zoning district regulation, requirement(s) for offstreet and or loading facilities, general provisions, exceptions, or other provisions may be initiated by:

• A. A property owner;

• B. The City Manager;

• C. City Council action;

• D. Planning Commission recommendation to the City Council; and/or

• E. Council action to adopt an interim ordinance in compliance with State Law. (Ord. 2024-001, 9-10-2024)

A. Application. A qualified applicant, the Community Development Director, the City Council, or Planning Commission shall submit a rezone application or plan amendment on a form prescribed by the Director. The Director may require an applicant to submit such additional information and supporting data as considered necessary to process the rezone application as described below. A resolution of initiation may act as the application for the City Council or Planning Commission.

1. Name and address of the applicant.

2. Statement that the applicant is the owner of the property for which the application for a rezone is proposed, or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.

3. Address and description of the property.

4. Description of the proposed change(s).

B. Coordination with Other Applications. The Community Development Director may allow any necessary applications for amendments to zoning regulations or for approval of discretionary permits to be processed concurrently with the proposed Amendments.

C. Application Fees. The application shall be accompanied by a fee set by a resolution of the City Council in the Master Fee Schedule, sufficient to cover the cost of processing the application as prescribed in this Chapter. (Ord. 2024-001, 9-102024)

A. Public Hearing Initiation. The Planning Commission shall hold a public hearing on each application for a rezone or relief of a zoning district regulation, off-street parking or loading facilities requirement, general provision, exception, or other provision of this Title initiated by a property owner or authorized agent, the City Manager (or their designee), the City Council, or the Planning Commission can bring a recommendation to the City Council.

B. Notice of Public Hearing. When an application is initiated for any amendment as described above in Section 10.110.040 (A), the public shall be provided a notice of the hearing in compliance with State Law (Government Code Sections 65090-65094 and 66451.3 and Public Resources Code 21000 et seq.) and as required by this Chapter. Notice of a public hearing shall be given at least ten (10) days before the date of the public hearing:

1. Contents of Notice. Notices shall comply with the following standards:

a. Hearing Information. The date, time, place, and purpose of the hearing and the name of the hearing body; the phone number and street address of the Department where an interested person could call or visit to obtain additional information.

b. Project Information. The City's project case number (if the case is assigned a number) assigned to the application; a general explanation of the matter to be considered; a general explanation of the purpose of the application; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

c. Statement of Environmental Document. If a draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) has been prepared for the project, or if the project has been determined to be exempt, in compliance with the provisions of the California Environmental Quality Act (CEQA). The hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report

2. Method of Notice Distribution. The distribution of notices shall comply with the following standards:

a. Published and circulated in a local newspaper; and

b. First class mailing, postage prepaid, a notice of the hearing shall be mailed to all owners of real property within a three hundred and fifty-foot (350') radius, unless a different radius is specified elsewhere in this Title, that is subject to the hearing in accordance with Government Code Section 65091; and

c. First class mailing, postage prepaid, a notice of the hearing to any person who has filed a written request therefore with the Planning Commission. Such request may be submitted at any time during the calendar year and shall apply for the balance of such year; and

• d. Posted on the City's website.

3. Additional Notices. The Community Development Director, at their discretion, may increase the public notice distance requirements if, in their opinion, the project has the potential to impact properties outside of the standard mailing radius. (Ord. 2024-001, 9-10-2024)

The Community Development Director shall prepare a report and recommendation to the Planning Commission on any application for an amendment to this Code. The report shall include a description of the proposed amendment, and analysis of implications of the amendment, an environmental document prepared in compliance with the California Environmental Quality Act, and a City staff recommendation. (Ord. 2024-001, 9-10-2024)

Following the public hearing, the Planning Commission shall make a written recommendation to the Council as to whether the change would be consistent with the General Plan and the purposes and intended application of the Zoning Code change proposed. The Planning Commission, through the Community Development Department, shall transmit a report to the City Council recommending that the application be granted or denied, or that the proposal be adopted or rejected, together with one copy of the application, resolution of the Planning Commission or request of the City Council, the scale drawing of the parcel and the surrounding area and all other data filed therewith, the report of the Community Development Director and the findings of the Planning Commission. (Ord. 2024-001, 9-10-2024)

A. Upon receipt of the resolution and report of the Planning Commission, the City Council shall hold a public hearing.

B. Notice of the time and place of said hearing shall be given in the time and manner provided under Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter. The notice shall include a summary of the Planning Commission recommendation, if available at the time of the notice.

C. After the close of the public hearing, the City Council shall make a specific finding in writing as to whether the amendment is required to achieve the objectives of this Title and, when applicable, whether the amendment would be consistent with the General Plan and the purposes and application intended for the zoning district classification proposed.

D. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed application. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearing, the proposed modification shall be re-referred to the Planning Commission for report and recommendation at a public hearing where notice shall be given in the time and manner provided under Section 10.100.040 (Noticing and Public Hearing Procedures) of this Chapter. The failure of the Planning Commission to report within forty-five (45) calendar days (excluding City-recognized holidays) after the referral shall be deemed a recommendation to approve and the application, as amended, shall be returned to Council for adoption.

E. Action by City Council shall be final. (Ord. 2024-001, 9-10-2024)

Following the denial of an application submitted and processed in accordance with this Chapter, no application for the same or substantially the same change shall be filed within twelve (12) months of the date of denial of the application. (Ord. 2024001, 9-10-2024)

CHAPTER 10.112

ADMINISTRATION AND ENFORCEMENT

SECTION: