This article establishes a uniform process for the amendment of these planning regulations, including the boundaries of base zones and overlay zones established pursuant to Chapter 3; provided, that such amendment is consistent with the General Plan.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The procedures in this article apply to all proposals to change the text of these planning regulations or to revise a zoning district classification or boundary line shown on the Zoning Maps in Section 9-3.103. These procedures do not apply to amendments to the building intensity (floor area ratio), height, and residential density maps in Article 2 of Chapter 4, which are part of the General Plan and may only be amended pursuant to the General Plan amendment procedures in Article 12 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An amendment to these planning regulations or the Zoning Maps may be initiated by:
(a) 
Any qualified applicant as identified in Article 2 of this chapter, Common Procedures; or
(b) 
An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director of Planning and Building.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An application for an amendment to these planning regulations and/or the Zoning Maps shall be filed and processed in accordance with the provisions of Article 2 of this chapter, Common Procedures, and shall be considered by the City Council with a recommendation from the Planning Commission. Its approval shall be by ordinance and is subject to referendum. The Director shall prepare a report and recommendation to the Commission, which shall include, but is not limited to, a discussion of how the proposed amendment meets the findings in Section 9-7.1305. The Commission's recommendation shall be forwarded to the City Council for action on the proposed amendment except in the situation specified in Section 9-7.1306(a).
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission in recommending, and the City Council in approving, an amendment to these planning regulations or the Zoning Maps must make all of the following findings:
(a) 
The proposed amendment is consistent with the General Plan.
(b) 
The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.
(c) 
The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
(d) 
For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission shall hold a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures, and shall then vote on its recommendation on the proposed amendment.
(a) 
Recommendation Against Amendment to Rezone Property. If the matter under consideration is an amendment to change property from one (1) zone to another, and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council shall not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Article 14 of this chapter.
(b) 
All Other Situations. Following the public hearing, the Planning Commission shall submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation shall include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the compatibility of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to comply with the General Plan and other adopted plans, or to reduce environmental impacts.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
After receiving the report from the Planning Commission, the City Council shall hold a public hearing noticed and conducted as required by Article 2 of this chapter, Common Procedures. The notice shall include a summary of the Planning Commission recommendation. After the conclusion of the hearing, the City Council may approve, modify, or disapprove the recommendations of the Planning Commission; provided, that any substantial modification of the proposed 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. The Planning Commission is not required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within sixty (60) days after the referral, the modification shall be deemed to have been recommended for approval. The City Council's approval of an amendment to these planning regulations and/or Zoning Maps shall be by ordinance.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)