Chapter 17.445 — GENERAL PLAN AND ZONING AMENDMENT PROCEDURE

The purpose of these provisions is to prescribe the procedure by which changes may be made in the text of the General Plan or Zoning Code or the General Plan or Zoning Map. This procedure shall apply to all proposals to change land use designations on the General Plan map, change the text of the General Plan, rezone property, or to change the text of the Zoning Code.

A General Plan or zoning amendment may be initiated by:

1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee established by resolution of the City Council, or by:

2. Resolution of intention of the City Council, or by:

3. Resolution of intention of the Planning Commission.

A. Planning Commission Recommendation Required. The City Council shall not redesignate or rezone any property, or change the text of any provision of the General Plan or Zoning Code, until after it has received, pursuant to this procedure, a recommendation from the Planning Commission.

B. Action by Planning Commission.

1. Following its public hearing, the Planning Commission shall make a written resolution of its findings and recommendations with respect to the proposed amendment and shall file with the City Council an attested copy of such report within 90 days after the notice of the first of said hearings; provided, that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Such resolution shall include the reasons for the recommendation, and the relationship of the proposed amendment to applicable general and specific plans.

2. In making its recommendations, the Planning Commission shall determine whether the proposed amendment:

   • a Is compatible with the general objectives of the General Plan and any applicable specific plan.

   • b. Is in conformity with public convenience, general welfare and good land use practice.

   • c. Will not be detrimental to the public health, safety and general welfare.

   • d. Will not adversely affect the orderly development of property.

3. Failure of the Planning Commission to report within 90 days without the aforesaid agreement shall be deemed to be a recommendation of approval of the proposed amendment by the Planning Commission.

• C. Action by City Council.

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1. Upon receipt of such report from the Planning Commission, or upon the expiration of such 90 days, the City Council shall set the matter for public hearing.

2. After conclusion of the hearing, the City Council may adopt the amendment or any part thereof in such form as the City Council deems advisable, and shall notify the appropriate agencies as required by the Government Code, except that any substantial modification of the proposed amendment by the City Council not previously considered by the Commission shall first be referred to the Planning Commission for review and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 45 days after the referral, or such longer period as may be designated by the City Council, shall be deemed to be approval of the proposed modification.

3. In acting on the matter, the City Council shall determine whether the proposed amendment:

   • a. Is compatible with the general objectives of the General Plan and any applicable specific plan.

   • b. Is in conformity with public convenience, general welfare and good land use practice.

   • c. Will not be detrimental to the public health, safety and general welfare.

   • d. Will not adversely affect the orderly development of property.

• e. Limitation on Resubmission. Whenever a private application for General Plan or zoning amendment has been denied by the City Council, no such application for the same proposal affecting the same property, or any portion thereof, shall be filed within one year after the date of denial.

Without following the procedures otherwise required prior to adoption of a zoning ordinance, the City Council, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, specific plan, or zoning proposal that the City Council, Planning Commission, or Planning Department is considering or studying or intends to study within a reasonable time. Such interim ordinance shall conform to the requirements of Government Code Section 65858.

Refer to Table 17.400-1 for identification of the decision-making authority for approvals and appeals and to Table 17.400-2 for public notice, public comment, and public hearing requirements.

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