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(A) General. After receipt of the Planning Commission’s recommendation on a proposed amendment, the City Council will hold a public hearing on the proposal in compliance with § 155.408.100 (Public Hearings); except that, no hearing is required for recommendations of denial in accordance with § 155.432.050(C) (Denial).
(B) Approval or denial. The City Council may approve, approve with modification or deny the proposed amendment based upon the findings specified in § 155.432.070 (Findings for Approval).
(C) Finality of action. The action by the City Council is final and conclusive.
(D) Referral to Planning Commission. If the City Council proposes to adopt a substantial modification to an amendment not previously considered by the Planning Commission, the proposed modification must be first referred to the Planning Commission for its recommendation before action is taken by the City Council.
(E) Failure to report. The failure of the Planning Commission to report back to the City Council within 40 days after the reference, or within the time set by the City Council, will be treated as a recommendation of approval.
(Ord. 885-C.S., passed 5-21-19)
(A) Zoning Code amendments. The City Council may approve a Zoning Code amendment only if all of the following findings are made.
(B) Findings required for all Zoning Code and map amendments.
(1) The proposed amendment is consistent with the General Plan and any applicable specific plan or area plan.
(2) The proposed amendment is internally consistent with other provisions of the Zoning Code.
(3) The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare.
(C) Additional finding for Zoning Map amendments. The affected site is physically suitable in terms of design, location, shape, size and other characteristics to accommodate development that complies with the Zoning Code and General Plan and contributes to the health, safety and welfare of the property, surrounding properties and the community at large.
(D) General plan amendments. The City Council may approve a General Plan amendment only if all of the following findings are made.
(E) Findings for all general plan amendments.
(1) The proposed amendment is in the public interest.
(2) The proposed amendment is internally consistent with all other provisions of the General Plan.
(3) The proposed amendment complies with state law applicable to the General Plan as established in Cal. Gov’t Code §§ 65300 et seq.
(F) Additional finding for land use map amendments. The affected site is physically suitable in terms of design, location, shape, size and other characteristics to accommodate development that complies with the General Plan and contributes to the health, safety and welfare of the property, surrounding properties and the community at large.
(Ord. 885-C.S., passed 5-21-19)
If the city denies a Zoning Code or General Plan amendment, within one year of the denial, the Department may not accept a new application for the same or substantially similar amendment, except in the following cases:
(A) Upon initiation by the City Council or Planning Commission;
(B) The applicant requests a reclassification to a different zoning district and/or General Plan land use designation than previously requested; or
(C) When a previous Zoning Code amendment application was denied because the proposed amendment would not conform with the General Plan, and the General Plan has subsequently been amended in a manner which will allow the proposed amendment.
(Ord. 885-C.S., passed 5-21-19)
GLOSSARY
Land use classifications describe one or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director will determine whether a specific use is within one or more use classifications, based on whether its characteristics are substantially incompatible with those typical of uses named within the classification.
(Ord. 885-C.S., passed 5-21-19)
This section describes land use classifications classified as either a primary use or a secondary use. See § 155.108.050(C) (Types of Uses) for requirements that apply generally to primary and secondary uses.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)
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